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Topic: HELP! I got a Cease & Desist...what should I do now?!? (EDITED w/ "Resolution")  (Read 33957 times)
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McJulie-O
« Reply #200 on: July 11, 2009 07:09:48 AM »

I love happy endings.... Cool
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mini
« Reply #201 on: December 02, 2009 10:55:23 AM »

I know it's been awhile...but this recently came to light: http://www.tabberone.com/Trademarks/HallOfShame/CyberCops/ContinentalEnterprises/ContinentalEnterprises.shtml. A company that sent Cease and Desist letters has been named in a federal lawsuit alleging trademark extortion.

I just wanted to share this in case anyone else has/had an experience with this type of situation (as I know of  a band that was contacted by a company and paid them for "infringement" though the money most likely never went to the company that was "infringed" upon). Before sending anyone money, do your research. I am so grateful for this forum as it really helped me get through this. I am really glad I was able to get a lawyer and find support here.

Thanks again, everyone!
Happy crafting!



Thanks for the update. I enjoy following Tabberone's adventures! I've been out of the crafting scene for awhile since I now spend most of my time lampworking. My poor sewing machine is getting neglected.. Cheesy
It's fun to be back though. Craftser is always fun.
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madebymarni
« Reply #202 on: December 17, 2009 07:24:27 AM »

This has been a very informative topic and thanks for sharing your story.  I guess I'm still confused about when you can or can't use something.  For example, someone buys a used item and uses the Harley Davidson patch from it and sews it onto a tote bag (that they made from scratch).  I saw an example of that over at the handmade selling site.  They were contacted to C&D because of the used Harley patch.  I know HD is very protective of their logo and I know there are many others out there that are the same.  I guess the moral of the story is to not use anyone else's logo......
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Saphi
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« Reply #203 on: January 07, 2010 02:26:31 AM »

im glad this ended well for you...

though still,i cant believe it.people out there sell bottle cap jewelry,and have no problems...maybe it was the particular company only that had the issue?l
i make bottle cap jewelry as well,and intended to sell it....but then i saw this thread.i cover the logo of the brand with nail polish,so u cant tell which brand it is...its just a plain bottleap turned into jewelry.i dont suppose id have problems if i do that...right? Huh Huh Huh
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They tried so hard to bury me,
but they forgot that I'm a seed...
Maggiedoll
« Reply #204 on: March 04, 2010 07:08:57 PM »

I'm not sure if this varies by country, but this whole issue was extortion.. I don't understand why your lawyer didn't threaten them with a harassment suit. 
A copyright or trademark can only be enforced by the person or entity that own it.  If somebody steals an image that I created, and a friend of mine sees that, they can't do anything about it except tell me, so that I can go ahead and file a DMCA takedown.  So even if the items were a violation, the third party action would have no legal standing at all. 
This becomes a big issue in places like IMVU and Second Life where some sellers get ahead by taking advantage of the popularity of real-world brands.  The people who work hard to create their own virtual brands in those marketplaces can't do anything about it besides notify the trademark holders and hope that they'll get involved, because only the owner can do anything about it. 
I don't know to what extent this can vary internationally, but according to US trademark law:
Quote
TITLE VI - REMEDIES
32 (15 U.S.C. 1114). Remedies; infringement; innocent infringers
(1) Any person who shall, without the consent of the registrant
(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
(b) reproduce, counterfeit, copy or colorably imitate a registered mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive,
shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive.
(Bold added)
(Erm, the rest of the document is here: http://www.uspto.gov/web/offices/tac/tmlaw2.pdf)
The biggie on trademark infringement is confusion.  If you're selling handmade jewelery, a beverage company cannot possibly prove that there is any reasonable way anybody could claim to be tricked into believing that you were a part of that beverage company. 

There was an issue when an "adult" magazine by the name of "O" tried to sue "O The Oprah Magazine."  The court tossed it out on the grounds that it would be impossible to reasonably confuse Oprah's magazine with the adult magazine. 

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CraftyChef
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« Reply #205 on: March 14, 2010 08:50:55 AM »

Whether it's legal or not to re-use/recyle brand items isn't really the point. If it's legal for you to do it, but the brand co. is motivated to take you to court, they will do so, then you're out of luck anyway unless you want to spend all your time and money on lawyers and court. You can read in the link above about how differently different courts rule on the subject. So if H-D doesn't win one on the east coast, they may just win one on the west.
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Maggiedoll
« Reply #206 on: March 15, 2010 08:19:36 PM »

Whether it's legal or not to re-use/recyle brand items isn't really the point. If it's legal for you to do it, but the brand co. is motivated to take you to court, they will do so, then you're out of luck anyway unless you want to spend all your time and money on lawyers and court. You can read in the link above about how differently different courts rule on the subject. So if H-D doesn't win one on the east coast, they may just win one on the west.
That's not just an issue with someone else's brand, though.  There's not much that you could do that someone couldn't take you to court over if they wanted to.  If you make an original craft, someone could come along and say that it's really their idea and drag you into court over it.   I'm confused that this issue ever happened, though, because it can't be done by a third party at all. 
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