PM-Performance

Question on copyright infringment

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Just to add another layer ---  Sometimes, you may have to analyze the risk involved in operating without permission.

Keep in mind that your primary problem is with FORD MOTOR Co. itself, not with that fly-by-night guy who claims 'copyright' over a trademark that's not even his! With lawsuits, there is a thing called damages and the individual who you've been in contact with has none to show a court. In other words, he fails come to a lawsuit with "clean hands" (a vital point) and furthermore, cannot prove any financial loss arising from your actions.

IANAL.

 

 

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2 hours ago, slice&dice said:

Just to add another layer ---  Sometimes, you may have to analyze the risk involved in operating without permission.

Keep in mind that your primary problem is with FORD MOTOR Co. itself, not with that fly-by-night guy who claims 'copyright' over a trademark that's not even his! With lawsuits, there is a thing called damages and the individual who you've been in contact with has none to show a court. In other words, he fails come to a lawsuit with "clean hands" (a vital point) and furthermore, cannot prove any financial loss arising from your actions.

IANAL.

 

 

but you slept in a holiday in express last night?

female prisoners would target guys with pensions from quite a ways away because they knew for the mark to sue them they had to travel to our county - - -  wasn't right but they got away with a lot because of it.  it comes down to integrity and if that is one of your values 

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...it comes down to integrity and if that is one of your values 

Who, after all, is being harmed by the actions of PM-Performance? Is there any financial detriment to FORD (or 'dilution of their brand' which is a common cause of action for infringement case)? Copyright cases are a nightmare of the litigation world. For good reason.

 

"...the person was upset and made it into a big thing."  (from a previous post by PM-Perf.) ---  
Let 'em rant and rave all they want, take their Cease and Desist letter and frame it to hang on your wall.  From what you are saying, they don't even have a small-claims case for monetary recompense here! And again, in the Law, that guy isn't a party with clean hands. By that, I mean the designer with his FORD stuff is acting unethically and would be approaching the Court in bad faith with respect to the subject of the complaint (i.e. - He was producing FORD-branded stuff without authorization in the first place).

Write to FORD, they might just say they are OK with the little cottage industry you got there! It would cost you just the price of a postage stamp to find out.

 

 

 

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I designed a piece in 2015 and was selling it for years when I was served notice that a company has a trademark on the wording. After looking into the details, I find that they filed for the trademark in 2017 and received approval in 2019. I never filed anything originally and am not going to fight this although I feel, morally, my design belongs to me. Legally, I am sure I would be in the wrong had I kept selling the item. I should have offered to sell them my design (for a very large sum).

 

  They did offer for me to start selling their items for them, though... >:(

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Are you willing to chase it down that rabbit hole? I'm guessing if they took the time to trademark it, they have the financial means to back it up.

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I absolutely guarantee they have some money invested if they actually filed a trademark. A client of mine has a cool logo and is working on getting it trademarked to use for other uses than for what he currently does (hard to explain without divulging his logo which he would not want me to do since he is in process of obtaining TM). Anyway, talking to him, it's a long and drawn out expensive process depending on what level or aim of trademark you are going for.  It's truly one of those things that the rich get richer in a lot of cases because those who may have come up with an original idea do not always have the means to do something substantial with it. 

pawdell -  theoretically you could pursue some sort of substantive litigation due to provable copyright infringement if it's clear cut enough. If it's just a trademarked word group, good luck, not likely but if it involved word ART or some graphic specifics that they took from your design you could be entitled to some real coin. I am one that does not agree with the practice of trademarking a saying. I think that's bs but I don't get to be in charge. (for good reason!!!! Ha ha ha!)

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