Keep the Beemer out of the Net porn. And, while you're at it, quit infringing the car's brand trademark in your search results. That's what German automaker Bavarian Motor Works wants adult search engine AskJolene.com to do, claiming "BMW" in any way, shape, or form in search results on AskJolene.com infringes the automaker's trademark rights.
Announcing the BMW request October 12, AskJolene.com said it would not yield, saying that to do so would invite trouble for other search engines, Adult or otherwise, if and when other large companies should decide their brand names turning up in search results equals trademark infringement.
"BMW AG claims that AskJolene.com infringes on its trademark rights," AskJolene.com said in an announcement made available to AVNOnline.com. "AskJolene's results for the search query 'bmw' contain galleries in which the word 'bmw' occurs. They also contain pornographic pictures depicting amongst other things a BMW car."
A BMW attorney has formally asked 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's chief marketer Mike Schwalbach said the search engine has done nothing wrong. "Our search engine is a navigational aid," he said in a statement. "We provide a way for our users to locate galleries as quick and convenient as possible.
If we give in to BMW's claim, other search engines will have a problem as well."
AskJolene.com gathers free erotic galleries from the Web and offers users full text search to find galleries they'd like, with results in summaries linking to the original gallery. AskJolene.com hosts no such galleries itself.
