- Volkswagen has filed suit against a Texas-based used car dealer named VDubs Only.
- The automaker owns the V-Dub trademark and claims the dealer is diluting their rights.
- VW also accused the company of using a “bastardized” version of their emblem.
Volkswagen Group of America has filed suit against a Dallas-based used car dealer named VDubs Only. It accuses the dealer of infringement and dilution of trademarks such as Audi, VW, and V-Dub.
While the latter is slang for Volkswagen, the automaker has held the trademark since the late 2000’s for “promoting the goods and services of automobile dealerships.” Of course, Volkswagen’s trademark has a hyphen whereas VDubs Only does not.
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Besides accusing the dealership of “unauthorized misappropriation” of their marks, Volkswagen takes issue with them claiming to be a “VW & Audi Specialist.” That’s enough to make your eyes roll and the suit goes onto claim one of the dealer’s logos is a “bastardized” version of the VW emblem. The similarities are pretty clear as the circular logo features a white V at the top and a blue background.
The lawsuit claims the use of Volkswagen’s marks is “likely to cause potential purchasers of Defendants’ products and services, as well as the public at large, to believe that Defendants’ products and services are affiliated with, authorized, sponsored by, or endorsed by VW.” That seems like a reach as virtually everyone can tell a used car dealer from a Volkswagen dealership.
Volkswagen is seeking a permanent injunction preventing the dealership from using their marks. The automaker also wants attorney fees and costs as well as the transfer of the vdubsonly.com and vdubsonlydallas.com domain names.
The company claims the dealer has ignored their cease and desist letters, and is engaged in conduct that is “intentionally fraudulent, malicious, willful, and wanton.” It’ll be interesting to see how this plays out in court, but this could be one case where you end up rooting for the used car dealer.