chipperi

Legit copyright claim or not???

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I am always saying stop texting and drive out loud when driving. So I made a stop texting decal in text speak. Today I get a message in E-bay from a graphics shop in FL saying he is the designer and has a a copy that is dated and time stamped.....bla bla bla.  I know I created the one I am selling. should I take this guy seriously or dismiss him as a competitor trying to push others out.

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you can't copyright a common phrase. However, you can copyright a design. If yours is exactly like his, he's got you. Otherwise, he is full of crap

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Dated and time stamped is bs too. I can mail myself an unsealed envelope and when necessity dictates I can seal my design in it and claim it w as s there the whole time. Changing the date on your computer and saving a file is even easier. If they can't produce something more solid than that they don't stand a chance.

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Dated and time stamped is bs too. I can mail myself an unsealed envelope and when necessity dictates I can seal my design in it and claim it w as s there the whole time. Changing the date on your computer and saving a file is even easier. If they can't produce something more solid than that they don't stand a chance.

I court.perhaps. For ebay, all he has to do is prove he listed and sold before you did.

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I agree even in court an eBay list or Facebook post would establish a legitimate timeline. On the flip side and I'm not saying this is right but how much time and effort will they put into pursuing this unless they're making serious bank on that design

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If he files with ebay and they agree with him, ebay will take it down. I would just wait and see

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A while back, on another thread, OW Jones quoted another poster, "...the best idea of lingo to use "your complaint is ambiguous, please clarify, meanwhile no action will be taken" and I would ask for specific links to their trademark/copyright registration.  

 

Seems like a good way to procede.

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I don't sell online, here is one I made that I don't think is out there anywhere. I give you and any forum member permission to use it without constraint except don't sell the file itself. 

Text and drive.eps

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Here is a pick. Wasn't quite room to load it all together.

post-20133-0-69917100-1404349502_thumb.j

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So it seems everyone is thinking the same way I am so I am just going to let it fly unless E-bay pulls it down.  Here is the decal..

post-77591-0-68189900-1404351812_thumb.j

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Dated and time stamped is NOT copyrighted... you have to file for a copyright and receive it. Can't blame him for trying though.

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<blockquote class='ipsBlockquote'data-author="latitude42" data-cid="364774" data-time="1405212866"><p>

Dated and time stamped is NOT copyrighted... you have to file for a copyright and receive it. Can't blame him for trying though.</p></blockquote>

That is no longer true. As soon as you write it down or type it in, it automatically receives an automatic copyright and the rights holder can issue a cease and desist. You are free to challenge that order and it will be on them to prove their case.

If they take you to court and try to sue for damages over willful copyright violation , they can only do so if they have officially registered the copyright.

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OWJones.... Ya hit the nail on the head man ; )

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