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Old Aug 8, 2003 | 04:59 PM
  #601  
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HARMINI
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From: New Brunswick, NJ
>>Hey Everbody!
>>Just checked the treads I started on MINIUSA in the Owner’s Lounge. One about the petition with a link and another linked to the original post by Mark. Well their playing hard ball. Both threads mysteriously disappeared. Darn, think I’ll just post them again.
>>Charles :evil:

Charles I found two of your posts on Message Boards/ Suggestions for MINI/ Anything Else. My post is still there too.

 
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Old Aug 8, 2003 | 06:55 PM
  #602  
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jdw5155
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From: Cleveland, OH
What a great idea. I just sent everyone listed at MINI a postcard from their own site. Here's the text I sent them (limited to 200 characters)

"Please reconsider BMWs heavy handed
approach to https://www.northamericanmotoring.com.
You're killing the carefully cultivated
image and "fun" branding of the car
among the most enthusiastic owners of all"

It's not perfect but I think it gets the general message across. Everyone should write one and let them pay for our comments to boot. Of course I expect that the postcard part of the system will be sut down before too long once we really load it up. So be it, then we'll know they're feeling a little annoyed.

Jim
 
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Old Aug 8, 2003 | 07:04 PM
  #603  
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From: Austin,Texas
>>Hey Everbody!
>>Just checked the treads I started on MINIUSA in the Owner’s Lounge. One about the petition with a link and another linked to the original post by Mark. Well their playing hard ball. Both threads mysteriously disappeared. Darn, think I’ll just post them again.
>>Charles :evil:


I'm not surprised! Ever start a conservative group on AOL ? Like something about supporting prayer in school? It will be gone in a New York Minute!

 
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Old Aug 8, 2003 | 08:57 PM
  #604  
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CharlesWil
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>>Charles I found two of your posts on Message Boards/ Suggestions for MINI/ Anything Else. My post is still there too. >>

Thanks HARMINI
For some reason they moved my posts. I only looked where I posted them.

Charles
 
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Old Aug 8, 2003 | 10:29 PM
  #605  
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rfibanez
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>>MY NEW "Enthusiast" Site....
>>
>>NON COMMERCIAL SITE FOR MINI LOVERS! (and big ones too)
>>MCP!
>>
>>According to them, and seeing I am not making a penny off this... It's OK!
>>
>>I encourage EVERYONE to go out and buy an Enthusiast URL... Post your happy stuff on there...
>>
>>
>>
>>
 
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Old Aug 9, 2003 | 02:03 AM
  #606  
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mightyMiniz
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$15 each
 
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Old Aug 9, 2003 | 04:35 AM
  #607  
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>>Maybe if we show support in grassroots ways like this MINIUSA/BMWUSA will be able to see the level of support for MCO (hint: it's more than the depth/breadth of support the rear fog light had).

And if people take branded T-shirts from an Abercrombie + Fitch store without paying for them, A+F should be happy to see the level of support these people are showing for their business by wearing these T-shirts, and should be happy to let them do it.

Trademarks are property. What do you think the process of registering trademarks is *for*? It's for *protection*.

>>
>>I think it's important that we show our displeasure in a respectful manner and not make threats.

Like the A+F shoplifters' displeasure at being prosecuted?

>>
>>To that end, here are a couple of satirical signature images.
>>
>>Let's Litigate
>>
>>
>>

Who told the aftermarket to infringe on the company's trademark? Did the devil make them do it? It's not the companies' fault that enthusiasts don't know the difference between admiration and violation.

>>
>>Let's Take A Stand
>>
>>
>>

Yes, and A+F would suffer such a tremendous loss of business if people found out that they prevent people from stealing their T-shirts.

 
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Old Aug 9, 2003 | 07:17 AM
  #608  
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Welcome to MCO, Aaron. Your viewpoints will understandably not be popular here. However, I agree with you 100%. I am shocked that so few understand why MINI would play hardball to protect their very carefully cultivated brand.
 
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Old Aug 9, 2003 | 07:23 AM
  #609  
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Aaron, I don't think your comparison holds water. A +F sells shirts, among other things, so anyone using their brand on a shirt that wasn't authorized to do so is clearly breaking the law and asking for trouble.

Likewise, if Mark were selling CARS and labelling them with the MINI name, or even selling clothing with the MINI name, then he should definitely get in trouble. But he's not. He's OFFERING a FREE place for enthusiasts to gather and talk about their cars. Yes, he makes money from advertising from people who sell aftermarket items, but how else is he supposed to support the board?

If BMWNA would only see that they could easily license use of the name, their trademark would be protected. And the fact that THEY THEMSELVES initially suggested using the word MINI in alternative urls only furthers the argument that this is a completely rediculous situation that has gotten WAY out of hand.

Finally, someone selling A + F shirts without a license is in direct competition with A + F. I don't see how MCO is in direct competition with MINIUSA. (Unless you count the OL. And there really is NO competition there!

_________________

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Old Aug 9, 2003 | 07:36 AM
  #610  
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MINI will never license their name for outside commercial use. Ever. It's far too great a risk.
How long do you think a site named http://www.walmartonline.com would be allowed to exist? Seconds, minutes or hours? Walmart would unleash the hounds of Hell on anyone foolish enought to attempt it.
"But what if it was a site of Walmart enthusiasts who tell each other about great sales and the best way to get through all the aisles?"
Doesn't matter. Walmart would crush it in minutes, right? Of course.
MINI, if you think objectively about it, has been pretty lenient in its dealings with site operators.
 
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Old Aug 9, 2003 | 07:54 AM
  #611  
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>>Welcome to MCO, Aaron. Your viewpoints will understandably not be popular here. However, I agree with you 100%. I am shocked that so few understand why MINI would play hardball to protect their very carefully cultivated brand.


You are correct. Just think how Apple goes after people and domain names just for using anything with the word Apple, Mac, etc... Many MINI people are Apple people.

So why attack BMW for protecting their MINI name and not attack Apple for protecting their Mac name ? Why continue to buy Apple computers and new ibooks for all of these years if you dislike what companies do to protect their products??
 
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Old Aug 9, 2003 | 08:02 AM
  #612  
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>>MINI will never license their name for outside commercial use. Ever. It's far too great a risk.
>>How long do you think a site named http://www.walmartonline.com would be allowed to exist? Seconds, minutes or hours? Walmart would unleash the hounds of Hell on anyone foolish enought to attempt it.
>>"But what if it was a site of Walmart enthusiasts who tell each other about great sales and the best way to get through all the aisles?"
>>Doesn't matter. Walmart would crush it in minutes, right? Of course.
>>MINI, if you think objectively about it, has been pretty lenient in its dealings with site operators.

Yes, that does make a lot of sense. But then Walmart never marketed their company to HAVE enthusiasts. If they did, and that enthusiast support grew up partly as a result of their marketing, and THEN they slapped it down, there would be just as much of an uproar from that community. Again, it's not that MINI is protecting their trademark, it's HOW they've gone about doing it that stings so much.
 
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Old Aug 9, 2003 | 08:08 AM
  #613  
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I guess I'm not sure how changing the name of the website adversely affects the enthusiast community. It doesn't, as far as I can see.
 
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Old Aug 9, 2003 | 08:58 AM
  #614  
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stovepipe is a voice of reason...as a MINI owner and enthusiast, I'll log onto and continue to read and post on whatever MCO is renamed, rebadged, whatever. I may not how this was handled, but does it surprise me? Shock me? No way.

The MINI brand has been cleverly marketed and executed. They sell as many cars as they can make. But they aren't doing it out of the kindness of their hearts. Not every dealership is like a fun little circus to walk into. Some are more customer oriented than others, but so is the Volvo dealership my wife uses. The enthusiasm for this car is more of a grassroots thing than something MINI Usa whipped up. The advertising didn't get me to go meets and mod my car - various internet forums did.
 
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Old Aug 9, 2003 | 09:06 AM
  #615  
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From: Cedar Park, TX
This is the response that I got from MINI USA

Hello Rob, thanks for writing MINI. It means a lot to us that you're taking the time to share
your thoughts and concerns with us.

On behalf of MINI USA, thank you for your comments regarding this issue, and we are sorry to hear
of your concerns.

With reference to our trademark protection, we have no wish to prevent independent businesses from
trading. However, just like any other business, MINI USA is duty bound to defend its MINI
trademarks, and also needs to ensure that consumers clearly understand when they are dealing with
official MINI outlets.

Also, we wish to make clear that we do distinguish between enthusiast and commercial websites. We
welcome enthusiast-only websites, and they are free to use the MINI wordmark in their domain
names, tradenames and otherwise, as long as they are clear that the sites are independent of MINI.

To ensure our trademarks are protected, we ask that third parties engaged in commercial
MINI-related activities make clear that they are not officially licensed, and limit themselves to “fair use”
textural references to MINI in their literature. For example, a commercial website may not use
MINI in its domain name or tradename, nor may it make trademark use of the MINI mark. It must ensure
there is no suggestion that it is an authorized, licensed, sponsored or affiliated MINI portal.
Neither enthusiast nor commercial sites may use the MINI logo or any imitation thereof without
permission.

We hope that you understand our obligation to protect the MINI trademarks. Again, thank you for
your comments and concerns.

Sincerely,
Emily Hatley
MINI Division
866-ASK-MINI

 
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Old Aug 9, 2003 | 09:30 AM
  #616  
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CharlesWil
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Hey people
I think some are over looking the obvious. Has BMW contacted any other web site about changing their URL? Not that I am aware of. It only makes sense for BMW to contact the larger sites and make the same demands of them all.

There is only one reason I think that hasn’t happened. *** mini-motion.com *** This happens to be a domain registered to Mark. BMW wants that URL and their going to get it without paying a lot.
Just my 2¢

Charles
 
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Old Aug 9, 2003 | 09:54 AM
  #617  
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HARMINI
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From: New Brunswick, NJ
Welcome to MCO aaronjones




 
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Old Aug 9, 2003 | 11:26 AM
  #618  
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mightyMiniz
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From: Los Angeles, Ca
>>MINI will never license their name for outside commercial use. Ever. It's far too great a risk.
>>How long do you think a site named http://www.walmartonline.com would be allowed to exist? Seconds, minutes or hours? Walmart would unleash the hounds of Hell on anyone foolish enought to attempt it.
>>"But what if it was a site of Walmart enthusiasts who tell each other about great sales and the best way to get through all the aisles?"
>>Doesn't matter. Walmart would crush it in minutes, right? Of course.
>>MINI, if you think objectively about it, has been pretty lenient in its dealings with site operators.


Actually.. If they did not already own it.. I would buy it just to prove a point.
Wal-Mart Stores, Inc (WALMARTONLINE3-DOM)
702 S.W. 8th Street
Bentonville, AR 72716
US

Domain Name: WALMARTONLINE.COM

Administrative Contact:
Flanagin, David E (OANXKURVWI) deflana@WAL-MART.COM
702 SW 8TH ST
BENTONVILLE, AR 72716-6209
US
1-501-277-5500 fax: 1-501-273-6879
Technical Contact:
Zaman, Wahid (GRESMGIZMI) WZaman@WAL-MART.COM
702 SW 8TH ST
BENTONVILLE, AR 72716-6209
US
501-277-3225 fax: 501-273-6879

Record expires on 20-Feb-2005.
Record created on 20-Aug-2002.
Database last updated on 9-Aug-2003 14:22:46 EDT.


But I did buy...THIS and have had ZERO problems so far... and I own SEVERAL other sites with "Brand names"...No Problems

I do believe MINI Will License their name for commercial use after all is said and done.
 
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Old Aug 9, 2003 | 11:36 AM
  #619  
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Pebbles
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From: Austin,Texas

>>But I did buy...THIS and have had ZERO problems so far... and I own SEVERAL other sites with "Brand names"...No Problems
>>
>>

You won't have any problems until you start running a commerical business that is in reference to the MINI Cooper Car - or the other Brand Name products - throught those sites. for example, you may buy WalmartOnline, just don't start running an Online Discount Store! Thus giving the impression it is referring to the Walmart Stores. And start up a HooverOnline site, but don't make it a commercial business where you sell advertising spots on your site that is all about the Hoover Vacuum cleaner. --- same with the word Mini, use it all you want, just don't run a commercial business / commercial web site, selling advertising, etc... using the word Mini if it in any way refers to the car that BMW manufactures!

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Old Aug 9, 2003 | 01:26 PM
  #620  
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mightyMiniz
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But I am linking to Commercial sites...
Like I said... I own other BrandName sites... I have commercial links on them....
no problemo.
My business is registered in the state of California... and it contains the letters M I N I .... I've had no opposition. I do agreee, this goes further than MCO... Deep into MiniMotion. I do not know all the names registered to Mark... but I do know some of them, and it can also be related to those phrases and names also.



I suggest everyone go purchase a MINI domain name for themselves.
One World-MiniCooperPlanet


 
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Old Aug 9, 2003 | 02:25 PM
  #621  
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SCoop
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From: VA Beach
>>I guess I'm not sure how changing the name of the website adversely affects the enthusiast community. It doesn't, as far as I can see.

Actually Stovepipe, if the name cannot have any reference to MINIs or Coopers in it, and the site cannot reference MINIs or Coopers, it will be much more difficult for newbies to find. THAT's how it would adversely affect the enthusiast community. Most of us who are already here will undoubtedly stay. But getting new members will be that much more difficult.

You also forget that it's the WAY in which BMWNA has gone about this whole thing that is so off-putting (to use a kind phrase). And why haven't they gone after others who are using MINI and Cooper to make a real profit on parts? I do believe that it has something to do with the domain names that Mark owns.
 
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Old Aug 9, 2003 | 02:33 PM
  #622  
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"I think some are over looking the obvious. Has BMW contacted any other web site about changing their URL? Not that I am aware of. It only makes sense for BMW to contact the larger sites and make the same demands of them all."
Charles


I know of one online business that although they aren't using MINI in their domain name, they owned other domains with MINI (that they weren't using) and have been asked to give them up. They also had to remove some of their online products as requested by BMW.

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Old Aug 9, 2003 | 02:38 PM
  #623  
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From: Cleveland, OH
I just got the same canned reply from MINIUSA as Rob. They appear to be unphased and unrepentant. I guess this isn't going to end peacefully anytime soon.

I'm so disappointed that I, apparently along with a few others, bought into the marketing hype and fun "spirit" of MINI only to have the true nature revealed to me. My naiveté is glaring to have for a minute thought otherwise.

Jim

>>This is the response that I got from MINI USA
>>
>>Hello Rob, thanks for writing MINI. It means a lot to us that you're taking the time to share
>>your thoughts and concerns with us.
>>
>>On behalf of MINI USA, thank you for your comments regarding this issue, and we are sorry to hear
>>of your concerns.
>>
>>With reference to our trademark protection, we have no wish to prevent independent businesses from
>>trading. However, just like any other business, MINI USA is duty bound to defend its MINI
>>trademarks, and also needs to ensure that consumers clearly understand when they are dealing with
>>official MINI outlets.
>>
>>Also, we wish to make clear that we do distinguish between enthusiast and commercial websites. We
>>welcome enthusiast-only websites, and they are free to use the MINI wordmark in their domain
>>names, tradenames and otherwise, as long as they are clear that the sites are independent of MINI.
>>

>>To ensure our trademarks are protected, we ask that third parties engaged in commercial
>>MINI-related activities make clear that they are not officially licensed, and limit themselves to “fair use”
>>textural references to MINI in their literature. For example, a commercial website may not use
>>MINI in its domain name or tradename, nor may it make trademark use of the MINI mark. It must ensure
>>there is no suggestion that it is an authorized, licensed, sponsored or affiliated MINI portal.
>>Neither enthusiast nor commercial sites may use the MINI logo or any imitation thereof without
>>permission.
>>
>>We hope that you understand our obligation to protect the MINI trademarks. Again, thank you for
>>your comments and concerns.
>>
>>Sincerely,
>>Emily Hatley
>>MINI Division
>>866-ASK-MINI
>>

 
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Old Aug 9, 2003 | 02:56 PM
  #624  
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SCoop
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From: VA Beach
>>I just got the same canned reply from MINIUSA as Rob. They appear to be unphased and unrepentant.

I got one of those today, too. I think that this Emily person drafted the email, and BMWNA has one or more people going through their list of emails and sending a copy off to each one. It will take them a loooong time to get through them all, if they've only gotten around to me by today! I wonder how much this is costing them? Is it cheaper than finding a win-win solution?
 
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Old Aug 9, 2003 | 03:03 PM
  #625  
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mightyMiniz
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From: Los Angeles, Ca
Got the same email....

Form letter...


I have not heard of anyone having to give up url's containing the name MINI except for this one.


and a little news :
Sales of BMW Group Slightly Above Previous Year's Levels
Munich, August 8, 2003 ... With 93,229 BMW and MINI brand vehicles
delivered in July 2003, the BMW Group is 1.5% above the previous year's
level of 91,859 units sold. In the first seven months of the year,
638,090
automobiles were delivered to customers (an increase of 0.4% over the
previous year's 635,615 units).



Sales Up.... You're Welcome BMW
 
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