Uitgeest, the Netherlands – German car manufacturer BMW AG issued a cease and desist order to adult search engine AskJolene.com on October 11, 2004. They are requesting that AskJolene.com remove a number of results from its index, as well as blacklist the providers of the documents..Uitgeest, the Netherlands – German car manufacturer BMW AG issued a cease and desist order to adult search engine AskJolene.com on October 11, 2004. They are requesting that AskJolene.com remove a number of results from its index, as well as blacklist the providers of the documents.
BMW AG asserts that AskJolene.com is infringing on trademark rights by including results for the search query “bmw” and displaying the galleries in which the word “bmw” is present. The galleries in question contain pornographic pictures and display a BMW car, among other things.
AskJolene.com collects free content from the web (galleries) and offers its users a text search engine with advanced search features to locate galleries of their preference. Results are organized and presented as summaries which link back to the original gallery. The galleries are not hosted by AskJolene.com.
BMW AG is claiming that “by using ‘BMW’ in a list of links to internet websites, without the consent of [BMW, askjolene.com] infringes BMW’s trademark rights. In addition, the linked websites contain infringements of BMW’s trademark rights by third parties. By facilitating these infringements, by means of providing links to these websites, [askjolene.com] also acts wrongfully towards my client, if after this notification it refuses to take action against the infringements.”
The lawyers’ letter goes on to state: “As a result of the aforementioned infringements and/or otherwise unlawful acts, which –inter alia- take unfair advantage of and/or are detrimental to the distinctive character or the repute of my client’s trademarks, my client suffers a loss.”
They assert that AskJolene.com is “liable for this loss, and all interest and costs in connection therewith.” The “loss” is not specified or quantified in any detail, but is simply declared to be such.
You must comply…
The demands are clear. On behalf of BMW AG, the lawyers write:
“In order to limit any further loss, I request, and if necessary summon, [AskJolene.com] to:
“Cease and desist from, with immediate effect, but ultimately not later than two days after the date of this letter, any more infringements of my clients rights, on the Website and/or any other website(s) it exploits and/or operates, and in particular:
a. to stop the showing and/or supplying of internet weblinks that
contain the word BMW; and
b. to block access to internet websites that contain the word BMW
either as metatag, in their title and/or as content”
AskJolene.com isn’t willing to play ball with the German auto giant.
“As far as we know, we haven’t done anything wrong. Our search engine is a navigational aid. We provide a way for our users to locate galleries as quickly and conveniently as possible. If we give in to BMW’s claim, other search engines will have a problem as well,” states Chief Marketing Executive Mike Schwalbach.
Events should unfold rapidly from this point, as the letter also insisted that AskJolene.com comply with their requests and “confirm [compliance] within one day after the date of this letter.”
No more car sex?
A search for “bmw” on AskJolene.com displays 7 search results: 7 galleries on 3 sites. Three of the results were from Sleazydream galleries with stories that contained reference to someone driving a BMW. One of the galleries consists of bondage content and shows a woman trussed to the hood of a shiny black, you guessed it, BMW. The other three galleries were simply titled BMW, and contained mature content, but showed no obvious reference to the German car anywhere on its pages.
No doubt there are even more BMWs in pictures and videos in other galleries on AskJolene.com and other adult sites and search engines that simply go unmentioned or have gone unnoticed. There are probably just as many Cadillacs, Ferraris, Mercedes, and Porshes in the galleries as well.
Other search results from AskJolene.com reveal an undeniable trend:
Cadillac results: 6 galleries, 5 sites
Porshe results: 5 galleries, 4 sites
Ferrari results: 92 galleries, 30 sites
Mercedes results: 366 galleries, 69 sites
Hummer results: 72 galleries, 28 sites (some related to the vehicle, some did not!)
Jeep results: 29 galleries, 9 sites
Harley results: 141 galleries, 65 sites
Some wonder if it’s only a matter of time before additional car manufacturers rise up in protest of being connected to sexually provocative websites.
SexyScribe is a freelance writer, editor, translator, and enthusiastic purveyor of written smut, as well as erotica publisher at SexyScribe.com. She is a member of the YNOT News writing team, and can be reached at scribe@sexyscribe.com.
