HELP! I got a Cease & Desist...what should I do now?!? (EDITED w/ "Resolution")

[gilowyn]

There are companies like that in Germany, who do nothing else but try to harass webmasters and extort money. With us, it's usually the fact that every website needs to have a legal disclaimer, and especially private ones often don't.

I think it's sad that there are people who cannot find an ethical way to make money... I do agree, though, that copyright is important! I have had people steal my text and pictures, which just wasn't right.

When I need pictures, I usually go to www.istock.com - they work like Getty, but are very affordable. An image will be between 1-5$, so definitely way better than Getty.

[bluwave06]

Great info! Glad you got it resolved!
 I had posted a post in the jewelry discussion section on selling guitar pick earrings here: http://www.craftster.org/forum/index.php?topic=198439.0;topicseen and Jillie replied: "Once you buy something, it's legal to alter it and re-sell it (or give it away) however you like.  It's called the First-Sale Doctrine.  http://en.wikipedia.org/wiki/First_sale"

So, as already stated the were extorting money from people (including you).

[gypsysoul3]

bluwave06, thanks!

someone actually brought up the First Sale Doctrine here....and i talked to my lawyer about it. It's still a sticky issue, and my lawyer felt it was best to avoid using logos and brands all together. I also think if you're using the brand in the items title when you sell it, like "Fender Guitar Pick Earrings" that could be an issue with Fender, b/c they might see it as you using their name to sell your earrings. If you just said "Guitar pick earrings" that might be another story....after saying all that, now i'm off to read the thread you mentioned about it!

[918]

Thanks for sharing your story with us--this was positively gripping! I'm horrified a company could do this and will definitely be more careful with copyright from now on!

[Eliea]

If one were to spray paint and seal the caps would they still be usable?
After all a bottle cap itself isn't the issue right? It's the brand and copyright on the logo?
I"ve been seriously considering making bottle cap jewelry but I personally don't like "adult" beverages so I was planning to spray paint them. Or even spray paint them then use my own artwork on the middle and things like that.
I've also been dying to make a bottle cap belt becasue those are very popular here but 60 dollars is way to much for a regular belt with bottle caps nailed to it. (in my opinion anyways)

[gypsysoul3]

Eliea, yeah, the issue was the logo, not the cap itself, so you could do whatever you want to the cap, paint it, collage it, etc.

[mini]

Please remember the brand & logo are trademark not copyright. this is a potential trademark issue NOT a copyright issue.

[smarmyclothes]

Great info! Glad you got it resolved!
 I had posted a post in the jewelry discussion section on selling guitar pick earrings here: http://www.craftster.org/forum/index.php?topic=198439.0;topicseen and Jillie replied: "Once you buy something, it's legal to alter it and re-sell it (or give it away) however you like.  It's called the First-Sale Doctrine.  http://en.wikipedia.org/wiki/First_sale"

So, as already stated the were extorting money from people (including you).

Ahh, I'm glad someone else mentioned this!  I read this post a few days ago and it had been bothering me since then!

bluwave06, thanks!

someone actually brought up the First Sale Doctrine here....and i talked to my lawyer about it. It's still a sticky issue, and my lawyer felt it was best to avoid using logos and brands all together. I also think if you're using the brand in the items title when you sell it, like "Fender Guitar Pick Earrings" that could be an issue with Fender, b/c they might see it as you using their name to sell your earrings. If you just said "Guitar pick earrings" that might be another story....after saying all that, now i'm off to read the thread you mentioned about it!

That is also my understanding, and I did talk to a lawyer about this exact kind of thing a while ago.  My issue is that I sell reconstructed band t-shirts, and someone on another messageboard got kind of snotty and said that what I do is illegal!  I knew she was wrong, I just didn't know all of the legal mumbo jumbo, so I tracked down a lawyer and got the answer:

"If you are purchasing licensed shirts to make your clothes, there is no copyright infringement -- you are protected by the "first sale" doctrine, which basically means that the copyright holder "exhausts" many of the rights to a particular shirt when you buy that shirt. However, first sale or not, you may not reproduce the shirts without permission -- but you can cut them up and resell them all day long.

There could still potentially be a trademark issue -- for example, if U2 has a licensed T-shirt, you buy it, make a skirt of it, and try to sell the skirt as a "U2 skirt," that potentially could infringe on the U2 trademark."

[mini]

Smarmy,
That's my understanding as well. Of course, it's always good to get legal advice.

You can't sell "Disney handbag", but you can sell a "handbag made with Disney licensed fabric" or a "Recon'd  U2 concert t-shirt", or "earrings made of Fender guitar picks" as long as the fabric, t-shirt, guitar pick, etc are not counterfeit. 

You can certainly use the brand name as long as it's a real brand name product and your description doesn't imply that you are the license holder. Some people add a disclaimer. See www.tabberone.com for some good examples.

The best example is cars. You can sell your Ford Focus otherwise how will the buyer know that what car it is? Certainly the customer knows that you do not manufacture Ford cars!

[gypsysoul3]

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!