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Hey you guys and gals. I just wanted to post this to warn everyone about something.  I have been advertising my sign business by putting business cards everywhere and I received a phone call from a girl that wanted some lettering done for her race car.  I met with her and she seemed like a good person and I did the job, she paid me and everyone was happy, until me, today.  One of her "sponsors" was DeWalt and she wanted a DeWalt logo on the car, 1 x 6 inches.  Dumbass me found the logo online and cut it.  Guess what, she works for some investigation company and I am now being sued for $4750 for damages to Black and Decker for copyright infringement.  It's my own damn fault for even doing it, but I am warning all of you to watch out and don't get sucked in.  I'm pretty new at this, and even though I know better, I was just putting it on a racecar for the bitch.  I called an old friend who does this too and that same thing is happening to him with a chevy bowtie logo that he cut for somebody's back window of a truck.  After doing some investigation of this company that got me, they are watching sign shops and websites.  Just thought I would warn all of you.

Lara

p.s. I am accepting donations.  LOL!  Just joking on the donations.  I am screwed tho.  Watch your backs.  Fox Racing logos are quite popular and alot of people have those on their cars and trucks, so I am sure that is next.

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A buddy of mine just got busted doing a monster energy logo... they want 5k...Hes going to court for some type of entrapment thing... he thinks he is going to win...He has big bucks, just did the logo for a couple guys he met at the racetrack also...

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good info...and nice to know that Black & Decker has nothing better to do.

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Yes, entrapment is the word they used on me on these papers.

No kiddin.  I am so mad. Gawd, you just can't trust anybody these days. Everyone just wants money.  i want money too, but I am willing to work for it, not sue. 

Here is Black and Decker's moto:

"Lets screw the little people and f*@k up the economy even more".

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Well, my lawyer chuckled at me and said "Good one Lara. Is your house in your name only?" I promptly said, yes and he said, well, bring everything in and let me take a look at it and see what I can do. (He is used to only having to fix my speeding tickets, but never anything major).

These jerks can't try to take my house over a stupid little sticker, can they? This is complete crap.  I wish I could hunt that girl down and...... well, I guess now that would be really stupid.

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ask your lawyer. There are some states that exempt your home from lawsuits...But the best thing you can do is either offer them $1000 or so to settle or make it a VERY PUBLIC issue. No company wants bad publicity.

It would be kingteresting to see how they arrived at the figure they are suing for,and how they can prove it.

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Many years ago , I was sued for 1 million when a spooked  horse with a rider pivoted it's butt out into the middle of the road & came into contact with the front of the dump body on my truck  . A 6" gash resulted . In court , when all the dust settled  they actually asked for $22,000 in damages ( $200 worth of peanut buter to give the horse it's meds  :rolleyes: ) . The case was found in my favor & I paid nothing  :lol: . It was very scary as I did not have enough insurance then . I'm sure you will get offers to settle , but lawsuits like yours are more about deterring others than what money they get . They know warnings will be given & less copyright stuff used .

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Thanks guys!! You're making me feel better.  I'm telling you, this day and age, you can't trust anybody. 

Hey Rodg....that's alot of peanut butter!  :lol:

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Man....... this has got me scared now. My hubby sone one last month and so far nothing yet. BUTTTTTTT it went on a policemans personal truck.

man oh man.

Nancy

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Man....... this has got me scared now. My hubby sone one last month and so far nothing yet. BUTTTTTTT it went on a policemans personal truck.

man oh man.

Nancy

Not to scare you Nancy, but mine was on May 18th.  Just don't do it again, seriously, I think these people are private shoppers or something.  Don't worry too much until the mailman shows up wanting you to sign the certified letter slip. I would have rejected it but I am waiting for temporary custody papers for my 16 month old grandson and that's what I thought these were, so I happily signed my name and accepted it. Wasn't what I was expecting. 

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Hey NBeaton ,

You can edit your posts by clicking on the modify button ( not sure you knew this  :rolleyes: ) . Correct & click save  :lol:

Edit ; the modify button turned into the edit button in the new server :)

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Many years ago , I was sued for 1 million when a spooked  horse with a rider pivoted it's butt out into the middle of the road & came into contact with the front of the dump body on my truck  . A 6" gash resulted . In court , when all the dust settled  they actually asked for $22,000 in damages ( $200 worth of peanut buter to give the horse it's meds  :rolleyes: ) . The case was found in my favor & I paid nothing  :lol: . It was very scary as I did not have enough insurance then . I'm sure you will get offers to settle , but lawsuits like yours are more about deterring others than what money they get . They know warnings will be given & less copyright stuff used .

down here, you could have sued them for damage to your truck.

as for the peanut butter...well that's about a month's worth for me.

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Many years ago , I was sued for 1 million when a spooked  horse with a rider pivoted it's butt out into the middle of the road & came into contact with the front of the dump body on my truck  . A 6" gash resulted . In court , when all the dust settled  they actually asked for $22,000 in damages ( $200 worth of peanut buter to give the horse it's meds  :huh: ) . The case was found in my favor & I paid nothing  :rolleyes: . It was very scary as I did not have enough insurance then . I'm sure you will get offers to settle , but lawsuits like yours are more about deterring others than what money they get . They know warnings will be given & less copyright stuff used .

down here, you could have sued them for damage to your truck.

as for the peanut butter...well that's about a month's worth for me.

:lol:  Me too.  With smuckers strawberry!!

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Thanks Rodger and no I didn't know that.

I just hope we don't get that knock on the door. I will have to tell hubby when he gets home. NEVER ever do that again.

Sorry for your bad luck, hope your Lawyer can help you.

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  I wish Md law was like that  :huh:   :lol:

  About the worries about any possible civil lawsuit ... would be about any evidence IMO . Any receipts etc . I would not admit it anywhere  ( even here ) . Always say a disclaimer , " possibly " " If " etc . In court , it is amazing what is used as evidence  :) .

edit ; You are welcome NBeaton  :rolleyes:

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So on a some what tangent...

Is it okay or is it not okay to cut copyrighted stuff for personal use, or not for profit?  :lol:   I know cutting stuff for profit without being licensed is a complete no-no.

I know that there are a handful of companies that are really strict about that kind of stuff, while others can't be bothered.

btw lara - mahalo for the heads-up. I will definitely re-think about purchasing Black & Decker and Dewalt products. I would think that a stern letter that threatens a lawsuit would suffice, but to actually sue ... wow.

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Guest round2racing

Would it be prudent to put a disclaimer on your invoice that states.....

This invoice is for time and material only.  Any infringement of copyright law will be the sole responsibility of the person who orders the product.  This company does not cut and sell copyrighted material at any time.

Hmmmm......maybe time to contact my lawyer and use some of that retainer money for some advice.

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Hey Round.. that's a good idea, especially on something like a racecar or flower van, ect.  If you really think about it, there is sort of a fine line. Think if Napa or someone like that wants you to cut stickers for them to sell, what's to say some stuffy executive up the pipeline doesn't get testy about it.  It's a bunch of crap. The way I take it and Black and Decker is suing me for $4750 for "damages" are they basically stating that the sell their own decals for $4750? I would be more than happy to give them the .07 cents that it cost me to make the dang sticker.

By the way...haumana, you are welcome.  We have to spread the word.  This business can work for all of us, but we have to stick together and warn each other.  There are so many temptations to make money, but it sure isn't worth the risk.  I just learned that today.

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Ok here is what confuses me.

That person claims that DeWalt is their sponsor for their race car?  If that was the case then that person would have the right to use the copyright yes or no?  Same that you can cut a remax decal for a remax rep, or a Chevy decal for a chevrolet dealership.  If they sponsor the car......that should be LEGAL to use their logo on the car to advertise their product?  If she represented it that way that should be legal.

Store X sells a product Y from company Z, and wants you to cut decals of company Z to sell product Y....that is legal correct?  That was always my understanding, if that is wrong i need to change how I practice business I guess.

For the people who just cut copyrighted stuff for others though to use for personal use.....yeah they are asking for it in my opinion.

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Guest kenya

Wow Lara, that's really sad.

They should have just given you a warning. But this is the world we live in................. sue for everything.

Sure as heck seems to be easier than working for it.  :lol:

My husband & I have never been fans of B&D or Dewalt. (cheap products, especially the cordless ones).

Roger, those people must have really been nuts. Not only to try to sue for a million bucks, but to give a horse peanut better to medicate it........ NEVER one of my horses....... idiots.

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Ok here is what confuses me.

That person claims that DeWalt is their sponsor for their race car?  If that was the case then that person would have the right to use the copyright yes or no?  Same that you can cut a remax decal for a remax rep, or a Chevy decal for a chevrolet dealership.  If they sponsor the car......that should be LEGAL to use their logo on the car to advertise their product?  If she represented it that way that should be legal.

Store X sells a product Y from company Z, and wants you to cut decals of company Z to sell product Y....that is legal correct?  That was always my understanding, if that is wrong i need to change how I practice business I guess.

For the people who just cut copyrighted stuff for others though to use for personal use.....yeah they are asking for it in my opinion.

Yes, that is what I am going to ask my lawyer about.  I meet with him at 11am tomorrow.  It should be legal but the girl is the one who ratted me out, so who knows how it will turn out.  I am gonna peel the Harley Davidson sticker I made for the back window of my Harley Davidson F-250 off, just in case. I'd hate to tangle with them, even tho I didn't sell it.  My gawd, this is just really aggravating. I wish so much I had that girls address, she brought the car to me to do and paid with cash.  I never thought twice that she was a snake.  I have called all of my racing friends and ask them if they have seen her race anywhere and none of them have.  I haven't seen her where we race either.  This was a total set up.

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Hmmmm, I would say you have a case if she misrepressented herself.  I wonder if there is something like they would have to show proof of sponsorship before you would do the decal, I suppose taking ones word that they are affiliated with someone would get your in trouble though.  Not sure exactly.

Did it say copyright on the papers or did it reference trademark?  I don't see how this would fall under copyright law at all, seems more like a trademark case. 

I know its probably not good to put this in a public forum but I would love to see what exactly the letter said in regards to what you did wrong.

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I always thought entrapment itself was illegal. She came to you with the intent on screwing you over.

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