Can trademarks be selectively inforced?

[Gary LaVere]

I am in California and have the name VW in my business name, LaVere's VW Restoration. A legal outfit (out of state) has sent me a threatening letter that I will be sued if I don't change my business name. On the phone the lady said that I should turn it in to my insurance company so they can pay them.
I have a couple of concerns. I have heard that this is a scam to collect from the business owners insurance. They sent me a demand for payment of $4,000 when they do not have a judgement against me. They also sent me a copy of a magazine ad (we only use the letters VW and a line drawing of and old bus), which is illegal because of the magazines copywrite. The big concern is that VW is selectively enforcing their trademark. Two magazines in which VW even advertises, use the letters VW in their names. I know VW has not given them permission to use the letters. I advertise in one of them myself.
Do I have any chance to win against them? What about my website which they didn't mention in the letters (vwrestorations.com)? Do I have to worry about them wanting that as well? Also how do I know this firm really represents VW?
Thanks for any help.
Gary

 

[loku]

I am unclear about what is in your magazine add, but I doubt that you have anything to fear about your business name. I doubt that any judge or jury would hold that “LaVere's VW Restoration” would be confused with VW itself, and the essence of a trademark infringement action is proving that consumers are likely to be confused about the sources of the services or products in the marketplace.

It sounds like this is a scam. I would suggest you write the legal outfit and ask them to give you their authority to act for VW. If they do not satisfy you, you could turn them in to the attorney general of their state. If they do represent, I would be surprised. However, if they do, then see a lawyer because I still doubt that you have much to worry about.