I designed a T-shirt. A cartoon of an old VW van with surfboards on top. (see below) I uploaded it to CafePress only to for it to be 'banned' from use by the site's admins. When I questioned them about it, they pointed me to VW of America's trademark protection lawyers. Seems I'd infringed VWoA's trademarks. How so I thought? No VW logo. No use of the word Volkswagen. No use of VW's corporate fonts or colours, just a cartoon of a 40 year old van. With surfboards. Then I looked in to it. VWoA it seems have trademarked the shape of their modern and classic vehicles. CafePress can't sell my T-shirt or VWoA will sue.

I'm not alone though. An artist who was selling books of his own artwork has been prevented from doing so by VWoA's lawyers. One of his drawings was of, you guessed it, an old VW. He can't sell his book anymore without cutting out the offending pages from every copy and sending them to the lawyers as proof. I'm pretty certain they're after money from the copies already sold too.

This troubles me a lot. VWoA has effectively banned the sale of art featuring VW cars. Many vehicles, including VWs, have have become icons of 20th century culture, and therefore a legitimate subject for artistic interpretation. VW art has been a major part of the VW enthusiast scene for decades. T-shirts, posters, badges, you name it. Not any more. Car manufactures have spent the last 100 years ensuring that every street in every town and city is littered with their products. Modern life is almost impossible without the use of a car. They've also made a lot of money in the process. Now they claim trademark on objects so common they're impossible to avoid?

Don't get me wrong. Trademarks are great. Trademarks protect both the manufacturer and the consumer. When I buy a pair of Levi's, I want the real thing. When I want 'The Real Thing' I want Coke. When I buy a VW, I want a VW, not a Chinese look alike wearing fake VW badges. I believe in trademarks. Trademarks are good and trademarks prevent us all from deceit. I truly believe that VWoA are abusing trademark law.

By selling a T shirt with an old VW van cartoon I'm not pretending that I am VW. No reasonable person would think that. I'm not making counterfeit VWs. I'm not selling cars or vans. I'm not passing myself off as a VW factory trained mechanic. There is no deception. It's just a T-shirt with a fun design that just might in a small way make the world a happier place. VWoA, my original design is not your trademark. How could it possibly be?

The picture? Oh, it's the fuel cap of my '64 VW. Seems even the fuel cap is a trademark!