12-22-2005, 12:24 PM
My mostly-diplomatic, however nonchalant reply:
From: Harry Maugans <firstname.lastname@example.org> Mailed-By: gmail.com
To: "Renate.Kulnik@bmwna.com" <Renate.Kulnik@bmwna.com>
Date: Dec 22, 2005 12:17 PM
Subject: Re: Trademark Infringement
I have removed the 16x16 pixel image from the top of each page (on which the text "BMW" is not readable at all). I fail to see how a community website actively supporting the BMW corporation, and even taking measures from the ground up (such as naming the website with "bimmer") to protect your copyright interests, threatens your legal status. We've been very careful not to stop over the line and I don't believe that small image does since it is not large enough to clearly be identified as your trademark.
And on the other end, the banner is an advertising banner from our sponsor. It does not represent our website in any way, and is controlled directly by the company who owns it, so it would be best for you to contact them directly and ask them to remove it from our site (they have access to login and upload/modify their banner).
Frankly I'm a bit disappointed in BMW acting in such a rash manner for such a minor, or non-existent infraction. Even more so acting this way towards a community that is actively supportive. For example a few months ago we hosted an event in which around 100 BMW drivers came out to see each other's cars, and a local dealership even started sending test drivers down to see us, and show what a great community BMW has.
Penguin Studios, Inc.