laras4labs
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Posts posted by laras4labs
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Hey everyone. Sorry it took me so long to reply. We went out of town then I got sick and ended up having my ruptured appendix removed and I've been too tired to even get on the computer.
Not much said from the lawyer. Black and Decker keeps trying to settle for tons of money so we have decided to keep fighting and take it to court. We just can't justify settling for $2500 for something so small. Like I said before, I would rather pay a lawyer to fight than pay Black and Decker anything, especially after being setup.
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Not any yet except they want to settle and my lawyer thinks that the whole thing is nonsense. He has a conference call scheduled with them sometime this morning, but he does believe that this is foolish and that they really don't have a leg to stand on and they didn't provide me with a warning, which according to his research, they have to issue a warning before they can legally sue a person, but they are in Indiana and we are in Missouri, so he is researching their laws and will speak with them today. By the way, after taking advise from all of you and my family, he and I settled for a set fee of $1000.00 whether this goes to court or not, so he really would like to keep it simple, obviously. I can't decide if I should countersue for entrapment or not. Not sure if I have the "fight" in me or not.
More updates to come....
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Now, I am sweating about the Taz t-shirt I made for my grandon. Geez. I swear, it's not like we make counterfeit money or anything. We are just trying to make a living.
laras4labs, I wouldn
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Watch Amazon too. The more I read and the more research I do, the more I freak out. Now, I am sweating about the Taz t-shirt I made for my grandon. Geez. I swear, it's not like we make counterfeit money or anything. We are just trying to make a living.
How many of you do only this and how many of you have other jobs? I'm just curious because some weeks I want to quit my other job and just do this but this week has been a drag. I am a medical transcriptionist and work at home and do the signs and lettering in the evenings and weekends Some weeks there aren't enough hours in the day and this week I have been twiddling my thumbs and actually this week has been the slowest I have ever been. Wouldn't that just figure just when I have to dump a load of money to get myself out of trouble.
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Great idea on the set price! I had to give him $250.00 just to get started. I better call him first thing in the am.
I am willing to take a beating for my being wrong. I am NOT willing to sit back and take it in the a@@ for being misrepresented and lied to, which is why I am so upset. I can promise every single one of you, I won't even consider cutting a corporate logo without permission and I will NEVER print a detailed receipt again which is my kiss of death in this whole case because it makes it look like I sold the decal. And I will not ever buy in my entire life buy anything from black and decker. I am listing all of my dewalt junk on craigslist to get it out of my house. Switching to Kobalt and craftsman...../quote]
This link will give you a little on what B&D owns. http://www.blackanddecker.com/CustomerCenter/Company-Information.aspx
They own Porter cable and Dewalt. Porter Cable makes Craftsman power tools. Do not know about Kobalt. B&D also in with Hitachi Fingers in a lot of pies. Good luck.
Dang, I have alot of work to do now to figure out what is in this house by Black and Decker. My toaster is history already. I sure am gonna miss my morning rasin bagel tomorrow. Thank heaven for Krispy Creme.
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Great idea on the set price! I had to give him $250.00 just to get started. I better call him first thing in the am.
I am willing to take a beating for my being wrong. I am NOT willing to sit back and take it in the a@@ for being misrepresented and lied to, which is why I am so upset. I can promise every single one of you, I won't even consider cutting a corporate logo without permission and I will NEVER print a detailed receipt again which is my kiss of death in this whole case because it makes it look like I sold the decal. And I will not ever buy in my entire life buy anything from black and decker. I am listing all of my dewalt junk on craigslist to get it out of my house. Switching to Kobalt and craftsman.
With all of that being said, the funny thing is that my lawyer has already called me and has come up with a bunch of stuff on that Continental Enterprises. I can't wait to see what he has. According to him, it is a legal scam of some sort but I don't know what he means by that. It was on my voice mail, so I will find out in the morning.
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I dso not understand just one thing...it is my understanding that the holder/owner of a trademark is the only person who can file a suit against someone...so how is Continental Express able to do so?
That is something he is looking into to see if B&D hired them or what or if they are just "whistle blowers" as he put it and if they get paid to bust people who sell conterfeit items.
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Ok I just got back. I have some good news and bad news. The bad news is the fact that I technically "sold" the decal. The good news is that based on this company, Continental Enterprises, are gravy sucking pigs and he is willing to fight it. The best thing I have done according to my lawyer is to be honest and tell the story. It is also good that I was never given a C&D, no warning whatsoever. He is going to dig deep into the company regarding entrapment and especially on sponsor logos. Court papers have been filed from Continental but he is going to get that continued to give him some time to investigate. He asked me if this went to trial if I want a judy trial and I said yes. I think I have a better chance against someone like that with a jury so that I can tell my side of the story.
He is trying to figure out why one decal made for a racecar damages a company for $4750.00 and he thinks that based on that, they should pay someone for advertising. Sounds stupid but that is why I like this guy. he thinks outside the box. As of right now, court is set for August 17 after he asked for a continuance with me sitting there in the office.
Basically what he told me to do, and I am telling you, if we get customers who want copyrighted corporate logos cut, all we need to do is call that company and ask for a written letter of permission. He has seen something similar before and he states that some companies will gladly issue that and some others won't. Some of them do look at it as free advertising but others are stingy. All we can do is ask and he also stated to be aware that alot of companies are losing money like crazy right now and they are looking at every way they can to make money and as of right now, we are easy targets.
So, that is where I stand right now. I appreciate all of your help and if you come up with anything, let me know and I will do the same. My phone number is 816-564-0516 as sometimes it is easier to talk than type.
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one more thing..be SURE that your lawyer knows what Continental Enterprises is,and what they do. If he doesn't already.
I printed off some stuff off of that hall of shame website that sarconastic and cybersultan found so that I can show him.
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Just an information thing for everyone on here. Continental Enterprises is a corporate entrapment agency in my opinion. They appear to specialize in Software copyright infringement and Trademark infringement. I received a letter from my ISP a short while ago. I wanted to try out Illustrator before i dropped a load on it. I didn't want the newest greatest version (too darn expensive) so I found a torrent online and 'Supposedly' downloaded a copyrighted copy, not a trial. The letter was a Cease and desist order, routed through my ISP. My ISP wouldn't give them my name so they just send out the letter, and ask you to stop sharing it. I didn't know I was sharing it. I thought I had the sharing program share shut off. Stupid me. But anyway, I called my ISp and they told this happens a lot, but they wouldn't do anything except shut my account off if they received more complaints from the company.
I later found out, this company is the one sharing the torrents. They are creating, seeding and tracking the torrents to get people busted. Some ISP's do share the user name and those people were going to court for $10K a copy. Usually settling for $2K.
ALso check out this address,
There are dozens more out there.
I think it's big time entrapment and there should be some enforcement involved here. If the person that represented that they had that sponsor then it is their problem not the cutters. They mis-represented their legal right (fair use) to use and display the logo. And no the person that came to your door was not a law enforcement officer, they were hired by continental.
Don;t offer to settle or admit a dang thing, fight em.
Or do what your attorney tells you, I'm a PO'd idiot
Good luck
Kevin
Counter sue their A$$es for entrapment and tell them to go to He77.
Be careful with 4shared.com. No experience myself with it but I read about it somewhere although I can't remember where that they are a setup for piracy as well on bootlegged copies of shutterstock, istock, and tons of music and software.
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You all are great! Thank you for researching this stuff for me. I never got any c&d from anyone and I am also thinking this is a scam. It will be worth the attorney fees to slap this company in the face. I have always been sceptical about harley, fox racing and any nascar drivers, but who knew on dewalt. I will let you know what my attorney says today. This ought to be interesting.
Thanks everyone! I'll talk to you soon.
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I'm also gonna write up some sort of disclaimer for us all to use and have my lawyer check it. Could save us all some hassels on down the road. I'll post it after he checks it. All of your suggestions are great!!
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I will let you guys know what my lawyer comes up with and keep everyone posted, especially with the misrepresentation part of the deal. One thing that I might be screwed on is the fact that on the receipt I itemized every piece of vinyl that I put on that car. I did a barbed wire design with blood drips, drivers name 2 layers, crew names, door numbers for each door in 4 layers, 1 number for the fuel cell 4 layers, one for the front nose piece 4 layers, the dewalt sticker, a flaming lizard for each door, various stripes, and I itemized each item and only charged .95 cents for the dewalt decal. I did that because she wanted a detailed invoice because according to her, several people were helping her pay for the lettering. SUCKER!! It's pasted right across my forehead. My boyfriend just noticed that on the file in Illy, I didn't exactly replicate the decal. The dewalt logo has a stripe across the top and one across the bottom. My file in Illy only has the stripe across the top. Maybe that will help me.
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From Mrs. Peabody - I guess I am in "what would a reasonable person do" mode.. I think that you can explain to your attorney that she indicated that the company was sponsoring her (and therefore thought she had the "rights" to the logo) and ASKED YOU to make it but wanted you to do a size that was not otherwise available to her. I would also ask my attorney if the company was able to prove that they "suffered any loss" from their company name (free advertisement) being on the car? I would think, too, that if she asked for it and indicated the sponsorship, she should be there to give deposition or some sort of testimony. I would also explain that it is not something you "offer or mass produce" and that you in no way altered it (like pairing it with something obscene) so it was not meant to be derogatory or cause them harm (nor did you profit that much).
At some point it gets ridiculous - if I am upset with our telephone provider - can I tell you about it but not use their name? I wonder if Kleenex ever gets upset that that is what most of us call a "facial tissue".
I do needlework and have noticed that if you buy a pattern of say, a Thomas Kinkade painting or a Bible verse - it usually indicates that it is not for commercial use or to "decorate articles which will thereafter be sold" - so thought if it was a gift or for personal enjoyment/decoration it was OK.
Maybe I should tell the Levi people I want the label removed - I don't want anyone to think that they made my butt! - unless they owe me some money for advertising....hmmm.
Just a thought - there are far too many law suits that seem so unimportant when you look at all the real problems the court needs to pay attention to - like you being able to take care of your grandchild.
Sorry it is costing you anything and just imagine what they are paying their attorneys (hence the amount of the damages).
and Mr. Peabody is sorry for what you are going through too.
You are so right. Thank you
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Basically this letter that was attached to the lawsuit paperwork says:
The Black and Decker Corporation is the owner of many valuable trademarks, among other intellectual property. Black and Decker has invested vast resources to establish its intellectual property portfolio and the goodwill associated therein. These marks and the Black and Decker brands that they represent are famous throughout the world. Continental Enterprises has been engaged by Black and Decker to help protect its valuable intellectual property.
Continental has learned that you are involved in the distribution of merchandise violating the intellectual property rights of Black and Decker. The merchandise bears brands that are either identical to or clear imitations or derivations of Black and Decker
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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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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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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
) . The case was found in my favor & I paid nothing 
. 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.
Me too. With smuckers strawberry!! -
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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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!
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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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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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Yes, entrapment is the word they used on me on these papers.
APPRoller Tape Application Roller
in Pre-sale questions
Posted
I bought one and I don't like it at all. When I pull the tape, the whole roll comes off and lands on the vinyl and jacks everything up, because it sticks to it. Then usually the applicator falls and crashes down to the floor and the last time that happened it hit my old dog so I don't use it. Not recommended here. Sorry USCutter. I have been happy with everything else from you tho.