Lettter from Yamaha's lawyers re:XJCD trademark infringement

I received a cease-and-desist letter this week from Yamaha Motors US lawyers complaining that we are using the Yamaha tuning forks trade-mark in the promotion of the XJCD. I don't know where they got that idea -- we do not use it on the www.xjcd.org website or even on the CD labels. The letter wasn't very detailed, saying little more than such use will "mislead and confuse the public into believing that you are in someway associated with, or sponsored by our client".

I can only assume that someone has posted about the XJCD set elsewhere on a website that also has Yamaha's logo displayed on the same page, and I ask that anyone who is using Yamaha's trademarks on their website to please refrain from promoting the XJCD on the same page.

Thanks for your cooperation.

dv

Disclaimer for the benefit of Yamaha's Lawyers: The XJCD project is entirely the responsibility of the XJ-Owners Group and is in no way associated with or sponsored by the Yamaha Corporation.

 

Surprising they said "trademark" infringment, instead of "copyright"...

 

Such letters are very rarely detailed; it's the normal scare tactics as a prelude to "give us money and we won't sue" like the patent trolls use (see Kelora). I'd actually call the number on the letterhead to:

1) confirm it was actually sent by Yamaha (it often isn't);
2) exactly what their issue, with sources supplied by them as to where to find the issue, is so you can avoid it. Any legit legal team will have that for you so that you can comply.

We (website company that builds powersports sites among others) have done this at least three times and each time it wasn't the manufacturer lawyers that sent it, but someone looking to scare money out of us. they didn't succeed, and the manufacturers were pleased to get the information of someone misrepresenting them.

 

Thats hilarious! They are not worried about all the stuff on the CD just using the logo! Rickomatic will be along any minute now!

 

Haha I'm sure he'll be in here any minute.

Good thought on the BS company and not Yamaha, but do you really want them knowing what the xjcd Is if the letter does turn out to be a fake.

 

It's a fishing expedition and they can't cut bait or fish!

We should be sending them a letter stating that failure to manufacture replacement parts for XJ's at a reasonable cost is a violation of our constitutional right to the pursuit of happiness.

I can tell you that I need a new and perfect black tank for the 550, and I shouldn't have to take out a second mortgage or go on the search of a lifetime to find one...see my pursuit of happiness is being infringed upon.