i totally just added that to my wists (www.wists.com)...and then showed my husband, who said, "oh, yeah, i've totally seen those...it's just a tape glued onto a wallet, right?" which i hadn't even thought of. you could probably also just get a cheap little change purse/wallet the same size as a tape and use E6000 or some other strong glue to attach them. just a thought!
i love the one you made, and your choice of tape. i'm totally making one!
javastain, that's so funny! i have definitely thought about that! the advice of my lawyer is to just steer clear of this, at least in a forum like this.
I do agree that companies do need to know who is buying their products (or even, if people aren't buying it, why aren't they--as I have not bought this "over-21 beverage" since this has happened--nor have any of my close friends. which actually makes me sad, b/c i really liked it, especially their new-ish "light" version, and we even took a "tour" of their "brewery," which is not in the US (and it's not an actual functioning brewery, it's basically just for tours), and had a blast!).
I do wish I could say who this company is (or even the third party company that sent me the letter, since i think this stems more from their own greed than anything), but i also don't want to deal with any more legal-junk!
There is a part of me that wants to "out" this company just to network with other people who may have been affected by this, as I have seen other people selling things using this Company's packaging/trash. ...as i mentioned before there was a band that had an issue with the same third party company speaking for the Big Corporation, I emailed them and got a friendly reply, but since they actually paid the company, the similarities of our situations sort-of ended there--and they actually parodied the Company's logo, which I did not do. (If you want to see more about that story, theres a link on the first page of this post). My bet is that after the band paid up, they figured they would go find a few more people to sucker into paying them a few grand. no thanks!
I hate being so cloak-and-dagger. I hate being so vague. Sorry.
purplepixi, wow, what a story, i can definitely relate! i never really thought about the difference between "royalty free" and "copyright free." hmmm...good to know, i guess.
and, to lolaness, i can see how you would be driven to read all 19 pages of this topic, since the whole thing is so strange, and got stranger! i still have never heard from the actual company who's caps I was using. Needless to say, I have taken everything off my site that could be even remotely construed as "infringing."
hopefully this is all over, thanks for your support!
staciart, this kind of relates to what you said, but I have found (and have had other's tell me the same) the smaller companies, like micro-brews can be all about artists using their caps.
also, when my lawyer finally responded to this Company, she forwarded the reply (and copies of the letters/C&D from the company) to the Big Corporation--who, by the way, has their own in-house legal team and trademark lawyer--and we NEVER got a reply from them. Nothing. Nada. weird. I do wonder if they ever contacted this third-party firm. b/c i really wonder if these big Corporations have any idea this company (and probably others) are doing this.
It's almost like the low price was sending a message that it wasn't worth having because it was priced so low and that maybe people thought that the seller didn't think it was "worth" anything. Does that make any sense?
TOTALLY AGREE! I had this problem when I first opened my shop. When I raised prices, (which can be hard to do, in that I want people to be able to afford my jewelry, and even be able to make multiple purchases) by sales increased!
itscribe, this quote from another post I made here may answer some of your questions....basically, this company will search out/research and even go so far as to purchase items they figure are "infringing" so that they can get a better look at the item (to see if it's an orginal logo just re-worked, or if the logo was copy/made). Then, they send the "offending" artist (or whoever) a cease and desist letter via certified mail, asking for heaps of money. Then, they can compile a list of 'offenders' and go to the Big Corporations and say, "hey, we found all these people using your logo and got X-amount of $ from them and if you pay us X-amount of money, we'll give you the list and a cut of the $ we got from the offenders." or something to that affect.
it's super shady! And, all this is what i've gathered from my lawyer and research i did for this case.
Also, my lawyer did say to avoid anything with logos or trademarked images (including game pieces), though I see this kind of stuff all the time. this piece of advice may be mainly just for me personally, since i've already had a run in with them they probably are "watching" me. Plus, since my lawyer is doing all this pro-bono, i want to follow the advice, b/c if something else does happen i'm not sure that she would/could represent me anymore.
People need to be aware that there is something that seems very shady going on, I'll explain: while doing research on the Third Party Company that sent me the letter, i have discovered that this company, and other's I'm sure, are pretty much trolling around looking for things that could be trademark/copyright issues, they then send these demand letters basically to scare you into paying them. They may even go so far as to approach trademark holders to sign up for their investigative service & charge the trademark owner for these investigative reports. So, these big Corporations may not even know what's going on, which i actually believe may be the case in my situation. Again, it's basically just frivolous and silly legal work (for example: http://en.wikipedia.org/wiki/Leo_Stoller) but if you don't have much money you'll simply pay to make it go away rather than go to court which can cost alot.
does any of that make sense? hope it answers some questions..
oh, and the caps from "adult beverages" weren't red/white or red/white/blue.
i tried to add this to my first/original post, but then i exceeded the maximum # of characters allowed:
EDITED 19 APRIL 2007: quick update: as someone PMed me about it, well, as i said before they sent another letter to me (via email) and to my lawyer, they demanded that I put into writing that I will not make/sell any jewelry using the "offending" caps. Well, my lawyer just replied and told them that legally since they know i have representation they cannot contact me directly (& can only go through my lawyer) so, unless they want a big legal thing, they should just back off. my lawyer also reiterated that i already told them that i wouldn't use those caps anymore and all of it had been removed from my site the very first time they contacted me. so, i guess (for now?!) thats all.