R50/53 Status update on the legal issues for MCO, businesses, and,
#1
Everyone,
I wanted to provide you an update on what has been happening since I broke this information early this week. To date:
Also, of note, one of the MCO members posted information on how to reach the executives at BMW. Here is a copy of that post:
At BMW NA, MINI is just another brand. It doesn't have it's own President and as
for dealer relations/operatins, they work through the BMW network. That said,
here's some info that should be of use:
BMW of North America LLC
300 Chestnut Ridge
Road
Woodcliff Lake, NJ 07675
201-307-4000
Chairman & CEO
Tom Purves
VP
Marketing
Jim McDowell
Manager Marketing Communication
Tom Stepanchak
Manager
Corporate Communications
Rob Mitchell
General Manager MINI
Jack Pitney
I'll provide additional updates as they become available. Again...I want to thank everyone for the unbelievable amount of support that has been given. I'm still confident that these issues will be resolved in a manner that will be beneficial to all.
Best regards,
Mark
_________________
MINI COOPER Online.com
mferguson@northamericanmotoring.com :: Send me a PM
I wanted to provide you an update on what has been happening since I broke this information early this week. To date:
Also, of note, one of the MCO members posted information on how to reach the executives at BMW. Here is a copy of that post:
At BMW NA, MINI is just another brand. It doesn't have it's own President and as
for dealer relations/operatins, they work through the BMW network. That said,
here's some info that should be of use:
BMW of North America LLC
300 Chestnut Ridge
Road
Woodcliff Lake, NJ 07675
201-307-4000
Chairman & CEO
Tom Purves
VP
Marketing
Jim McDowell
Manager Marketing Communication
Tom Stepanchak
Manager
Corporate Communications
Rob Mitchell
General Manager MINI
Jack Pitney
I'll provide additional updates as they become available. Again...I want to thank everyone for the unbelievable amount of support that has been given. I'm still confident that these issues will be resolved in a manner that will be beneficial to all.
Best regards,
Mark
_________________
MINI COOPER Online.com
mferguson@northamericanmotoring.com :: Send me a PM
#4
#7
Mark,
My Dad owns a Prowler and is a member of a Prowler related forum http://www.prowleronline.com. (Plymouth hasn't threatened them for using prowler in their forums name) I told him about the issues that MCO is having and he posted about it on prowleronline, asking for support. Hope it helps, here is the link:
http://www.prowleronline.com/ubb/For...ML/003329.html
Meghan
My Dad owns a Prowler and is a member of a Prowler related forum http://www.prowleronline.com. (Plymouth hasn't threatened them for using prowler in their forums name) I told him about the issues that MCO is having and he posted about it on prowleronline, asking for support. Hope it helps, here is the link:
http://www.prowleronline.com/ubb/For...ML/003329.html
Meghan
Trending Topics
#8
Dear Mark,
Thank you for providing the update. It helps all of us to know how things are progressing, and any other ways in which we can help you, and ourselves!
Also, many thanks for re-posting the contact details for the leaders within BMW NA amd MINI USA.
I have always found that, in this day and age of email, Instant Messages and everything electronic, sometimes what garners the greatest attention is a well thought-out, eloquent "snail mail" letter, sent via overnight mail!
Now, with the names readily available, I suggest that people please take the time to put "ink to paper" and send letters to everyone listed on this thread.
Place your feelings in the most rational and business-like manner, and discuss your personal reaction should this progress. Focus on the financial, public relations and brand damage that these actions have, and will continue to cause.
The lawyers know the legal reasons, these guys (note, they are ALL men at the Exec. Levels) need to understand the damage from a business perspective.
Happy writing!!!
Scott
Thank you for providing the update. It helps all of us to know how things are progressing, and any other ways in which we can help you, and ourselves!
Also, many thanks for re-posting the contact details for the leaders within BMW NA amd MINI USA.
I have always found that, in this day and age of email, Instant Messages and everything electronic, sometimes what garners the greatest attention is a well thought-out, eloquent "snail mail" letter, sent via overnight mail!
Now, with the names readily available, I suggest that people please take the time to put "ink to paper" and send letters to everyone listed on this thread.
Place your feelings in the most rational and business-like manner, and discuss your personal reaction should this progress. Focus on the financial, public relations and brand damage that these actions have, and will continue to cause.
The lawyers know the legal reasons, these guys (note, they are ALL men at the Exec. Levels) need to understand the damage from a business perspective.
Happy writing!!!
Scott
#9
There is a discussion (now closed) as they don't tolerate much over there on Miata.net but read the interesting thread from Barbra where she comments how Mazda lets them use MIATA in their private Magazine..
Miata.net related MCO Thread
Miata.net related MCO Thread
#10
:smile:
I know a lot of people disagree with this fight, that you should cave. I don't agree. There are ways of cooperating and working together. Pitney and the gang need to read some Stephen R Covey and get through this the right way. MCO can benefit everyone. It is not black and white.
Just keep working hard.
Edmund Burke: "The only thing necessary for the triumph of evil is for good men to do nothing."
While I don't think BMW is evil per se, the methodology they've employed to get this done could be classified as evil.
I know a lot of people disagree with this fight, that you should cave. I don't agree. There are ways of cooperating and working together. Pitney and the gang need to read some Stephen R Covey and get through this the right way. MCO can benefit everyone. It is not black and white.
Just keep working hard.
Edmund Burke: "The only thing necessary for the triumph of evil is for good men to do nothing."
While I don't think BMW is evil per se, the methodology they've employed to get this done could be classified as evil.
#11
Keep up the good fight Mark. The more support and exposure this gets, the more likely that BMW will back off. MINIs aren't primarily sold by advertising like most other cars. They are mostly sold by word of mouth and websites like yours. With all the bad press this is receiving, they will soon realize that this will cut in to their "free advertising".
DON'T GIVE UP!!
Chris
_________________
2003 LY/W Mini Cooper
DON'T GIVE UP!!
Chris
_________________
2003 LY/W Mini Cooper
#12
Just wanted to pass along that multiple members over at the rx7club have posted and tried to gather support for you guys.
Thread here:
http://www.rx7club.com/forum/showthr...highlight=mini
It's also made some good conversation on our local autoX listserve.
G'luck with everything. My wife and I bought an S back in September of '02, so we're understandably disappointed in the news. Hope they relent and let you help them.
-E
Thread here:
http://www.rx7club.com/forum/showthr...highlight=mini
It's also made some good conversation on our local autoX listserve.
G'luck with everything. My wife and I bought an S back in September of '02, so we're understandably disappointed in the news. Hope they relent and let you help them.
-E
#14
#15
>>The other big news is the amount of guests we're getting on MCO since the kaka hit the fan. Right now, 156 guests, 60 members. Amazing!!!
>>
HARMINI's right, I've noticed that before "The Legal Issues" during the late hours on the mainland (9-midnight Hawaii time) there used to be single digits to less than 20 guests online. Now it's in the 100+, DAILY, during this period.
Mark - Even if you have to change the name to watchingpaintdry.com, the enormous amount of guests & members will still log onto your site. Regardless of how the end result will be, BMW has actually made your site more popular in the span of a week than any 3-year multi-million dollar marketing campaign could have done....while damaging it's own reputation
>>
HARMINI's right, I've noticed that before "The Legal Issues" during the late hours on the mainland (9-midnight Hawaii time) there used to be single digits to less than 20 guests online. Now it's in the 100+, DAILY, during this period.
Mark - Even if you have to change the name to watchingpaintdry.com, the enormous amount of guests & members will still log onto your site. Regardless of how the end result will be, BMW has actually made your site more popular in the span of a week than any 3-year multi-million dollar marketing campaign could have done....while damaging it's own reputation
#16
>>Just wanted to pass along that multiple members over at the rx7club have posted and tried to gather support for you guys.
>>
>>Thread here:
>>
>>http://www.rx7club.com/forum/showthr...highlight=mini
>>
>>It's also made some good conversation on our local autoX listserve.
>>
>>G'luck with everything. My wife and I bought an S back in September of '02, so we're understandably disappointed in the news. Hope they relent and let you help them.
>>
>>-E
Welcome to MCO enuttage
Thanks for letting us know about the rx7club.
(134 guests and 21 members logged on at 6:45AM EST <<<<< How many of these guests are BMWNA/MINIUSA 24/7 watchdogs??????)
_________________
>>
>>Thread here:
>>
>>http://www.rx7club.com/forum/showthr...highlight=mini
>>
>>It's also made some good conversation on our local autoX listserve.
>>
>>G'luck with everything. My wife and I bought an S back in September of '02, so we're understandably disappointed in the news. Hope they relent and let you help them.
>>
>>-E
Welcome to MCO enuttage
Thanks for letting us know about the rx7club.
(134 guests and 21 members logged on at 6:45AM EST <<<<< How many of these guests are BMWNA/MINIUSA 24/7 watchdogs??????)
_________________
#17
Hi all, just got this e-mail from MiniUSA
Hi Mike, thanks for your e-mail. It's good to hear from customers like
you; thanks for sharing your 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 &#8220;fair use&#8221; 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.
LET'S MOTOR.
Sincerely,
Emily Hatley
MINI Division
866-ASK-MINI
--Original Message--
Dear Mini Team,
As a Mini owner, I find the collection of independent websites that
distribute information about Minis to be very helpful. From them I have
learned a lot about my car, which has only helped to encourage my
enthusiasm for what is a truly great automobile. I haven't liked a car
as much as I like my Mini since I learned how to drive.
I recently read that the BMW/Mini legal team is forcing a hard line on
the use of the Mini name in independent websites that distribute
content
about Minis. Would you please ask them for me to ease off on this
domain
name campaign, and let sites like minicooperonline.com continue to
provide the useful service that so many of us appreciate?
I fully understand the value and necessity of building and protecting a
brand, but we all need to remember that a strong enthusiast community
is
a precious component of a strong brand.
Thank You,
Mike Litewski '03 MCS
Hi Mike, thanks for your e-mail. It's good to hear from customers like
you; thanks for sharing your 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 &#8220;fair use&#8221; 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.
LET'S MOTOR.
Sincerely,
Emily Hatley
MINI Division
866-ASK-MINI
--Original Message--
Dear Mini Team,
As a Mini owner, I find the collection of independent websites that
distribute information about Minis to be very helpful. From them I have
learned a lot about my car, which has only helped to encourage my
enthusiasm for what is a truly great automobile. I haven't liked a car
as much as I like my Mini since I learned how to drive.
I recently read that the BMW/Mini legal team is forcing a hard line on
the use of the Mini name in independent websites that distribute
content
about Minis. Would you please ask them for me to ease off on this
domain
name campaign, and let sites like minicooperonline.com continue to
provide the useful service that so many of us appreciate?
I fully understand the value and necessity of building and protecting a
brand, but we all need to remember that a strong enthusiast community
is
a precious component of a strong brand.
Thank You,
Mike Litewski '03 MCS
#18
This is not new as far as big corporations intimidating smaller enteprises with issues such as this (protection of some form of design, logo image,etc.) For example in this area of the Mid Atlantic region..WAWA a very large family owned,fast convience store chain sued a small AM radio station for using the call sign of WAWA (issued by the FCC); another example: Hinkley Boatworks sueing several smaller boat manufacturers over the use and design of their 'Picnic' runabouts. Bottom line..with all the controvery involved..it's best for the smaller enterprises, that are involved, to take advantage of the added publicity of their plight and use it to their advantage..as an example: the small radio station made out big time when he sold out as a result of all the publicity.
#19
Minimike, I received the EXACT SAME RESPONSE as you did to my email!!!!!!!!!! The only difference was at the bigining it said "Hi Katie" instead of Hi Mike. That's pretty dang cool how they can give us all such personal responses!!!
I'm going to write back to them addressing that last paragraph about websites needing to make clear that they are not officially mini related. Just looking at this place, anybody can see that!
I'm going to write back to them addressing that last paragraph about websites needing to make clear that they are not officially mini related. Just looking at this place, anybody can see that!
#20
[quote]>>The other big news is the amount of guests we're getting on MCO since the kaka hit the fan. Right now, 156 guests, 60 members. Amazing!!!
>>
HARMINI's right, I've noticed that before "The Legal Issues" during the late hours on the mainland (9-midnight Hawaii time) there used to be single digits to less than 20 guests online. Now it's in the 100+, DAILY, during this period.
Mark - Even if you have to change the name to watchingpaintdry.com, the enormous amount of guests & members will still log onto your site. Regardless of how the end result will be, BMW has actually made your site more popular in the span of a week than any 3-year multi-million dollar marketing campaign could have done....while damaging it's own reputation
>>
HARMINI's right, I've noticed that before "The Legal Issues" during the late hours on the mainland (9-midnight Hawaii time) there used to be single digits to less than 20 guests online. Now it's in the 100+, DAILY, during this period.
Mark - Even if you have to change the name to watchingpaintdry.com, the enormous amount of guests & members will still log onto your site. Regardless of how the end result will be, BMW has actually made your site more popular in the span of a week than any 3-year multi-million dollar marketing campaign could have done....while damaging it's own reputation
#21
>>
>>Mark - Even if you have to change the name to watchingpaintdry.com, the enormous amount of guests & members will still log onto your site. Regardless of how the end result will be, BMW has actually made your site more popular in the span of a week than any 3-year multi-million dollar marketing campaign could have done....while damaging it's own reputation
>>
You have a point there! I work for large corp that is constantly in the news, both good news and bad. either way, each time our name is mentioned it is advertising for us. our competitors use our name in their ads, saying "what is xxxxxxx doing about this or that" saying our name over and over and then at the very end of the TV ad they say who they are. Well the name that is sticking in people's heads is our name! Yes, it's a negative ad but it's getting our name said over and over becoming a household name.
Mark,
Good luck with the TV interview! Everytime you can get yourself or MCO or whatever the name ends up being in the news You Are Winning!!! Arrange for TechTV to cover how it ends and put a link to the site "Even if you have to change the name to watchingpaintdry.com" ... either way you are gaining lots of free advertising!!!
There is a silver lining!
BJ
#22
If anyone ever expects to get a personal letter form MINI customer relations you have to be persistant. It usually takes two or three attempts and the words "please do not reply with a pre-written form letter" to get a somewhat personal reply to my e-mails!!
With that said.... I haven't commented on this subject yet, but I did sign the petition. I have a couple of scenarios as to what BMW is up to.
1. Their lawyers are slow to keep up with trademark laws/infringement or they like watching people get hurt and sit back laughing when the little guy struggles.
2. BMW wants http://www.mini-motion.com and to be the brats they are they decided you know longer can have minicooperonline.com either.
3. BMW wants minicooperonline.com to replace their own pethetic version of an online community that nobody uses anyway. Since you have done all the work in the past year to promote this site and build up its user base, BMW won't have to spend a dime promoting the site or pay for the url. This all falls in line with BMW/MINI's advertising campaign, which is to spend the least amount of money possible and let everyone else do the work for them!!
4. This is one big promotional stunt from BMW. First they promote a enthusiest site such as this one. Second they threaten to take away the name. This of course angers everyone causing the signing of online petitions, media coverage and getting BMW/MINI in the news. Third, media coverage of the BMW/MINI vs. minicooperonline.com problem has reached critical mass. Just before this becomes old news Jack Pitney is heard making a statement on the behalf of MINI USA. In his statement he appologizes profusely for the hardline tactics their law firm has made, and as a result someone was fired. MINI appologizes to its enthusiests and sends everyone a free mug. The end result: minicooperonline.com stays intact with BMW's blessing and BMW once again comes out on top because who wouldn't love a car company who supports and cares for it's customers. This scenario also falls in line with BMW's free advertising policy.
Just my 2 cents. I think number three is the most beleivable
_________________
With that said.... I haven't commented on this subject yet, but I did sign the petition. I have a couple of scenarios as to what BMW is up to.
1. Their lawyers are slow to keep up with trademark laws/infringement or they like watching people get hurt and sit back laughing when the little guy struggles.
2. BMW wants http://www.mini-motion.com and to be the brats they are they decided you know longer can have minicooperonline.com either.
3. BMW wants minicooperonline.com to replace their own pethetic version of an online community that nobody uses anyway. Since you have done all the work in the past year to promote this site and build up its user base, BMW won't have to spend a dime promoting the site or pay for the url. This all falls in line with BMW/MINI's advertising campaign, which is to spend the least amount of money possible and let everyone else do the work for them!!
4. This is one big promotional stunt from BMW. First they promote a enthusiest site such as this one. Second they threaten to take away the name. This of course angers everyone causing the signing of online petitions, media coverage and getting BMW/MINI in the news. Third, media coverage of the BMW/MINI vs. minicooperonline.com problem has reached critical mass. Just before this becomes old news Jack Pitney is heard making a statement on the behalf of MINI USA. In his statement he appologizes profusely for the hardline tactics their law firm has made, and as a result someone was fired. MINI appologizes to its enthusiests and sends everyone a free mug. The end result: minicooperonline.com stays intact with BMW's blessing and BMW once again comes out on top because who wouldn't love a car company who supports and cares for it's customers. This scenario also falls in line with BMW's free advertising policy.
Just my 2 cents. I think number three is the most beleivable
_________________
#23
#24
>>4. This is one big promotional stunt from BMW. First they promote a enthusiest site such as this one. Second they threaten to take away the name. This of course angers everyone causing the signing of online petitions, media coverage and getting BMW/MINI in the news. Third, media coverage of the BMW/MINI vs. minicooperonline.com problem has reached critical mass. Just before this becomes old news Jack Pitney is heard making a statement on the behalf of MINI USA. In his statement he appologizes profusely for the hardline tactics their law firm has made, and as a result someone was fired. MINI appologizes to its enthusiests and sends everyone a free mug. The end result: minicooperonline.com stays intact with BMW's blessing and BMW once again comes out on top because who wouldn't love a car company who supports and cares for it's customers. This scenario also falls in line with BMW's free advertising policy.
>
The optimist in me is hoping that the #4 scenario gets played out.
BTW, forcer78, that is one awesome signature you've got there. I can't wait till this stuff is over and done with so I can put HARMINI back on my signature.
>
The optimist in me is hoping that the #4 scenario gets played out.
BTW, forcer78, that is one awesome signature you've got there. I can't wait till this stuff is over and done with so I can put HARMINI back on my signature.
#25