JoeCamaro 11 Posted June 25, 2009 Yeah, I was thinking, what if this is not really them. There are scammers out there. You have to make sure they are Dewalt and B&D for real you know, and not just somebody saying it is them so they can take your money. Share this post Link to post Share on other sites
BannerJohn 1,324 Posted June 25, 2009 I wouldn't worry about it til you actually get something from teh court saying that B&D have filed suit. These scam artists are trying to intimidate you, hoping you will cough up the dough. Share this post Link to post Share on other sites
laras4labs 4 Posted June 25, 2009 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, http://tabberone.com/Trademarks/HallOfShame/CyberCops/ContinentalEnterprises/ContinentalEnterprises.shtml 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. Share this post Link to post Share on other sites
BannerJohn 1,324 Posted June 25, 2009 one more thing..be SURE that your lawyer knows what Continental Enterprises is,and what they do. If he doesn't already. Share this post Link to post Share on other sites
Rodger 527 Posted June 25, 2009 " It will be worth the attorney fees to slap this company in the face. " .. Lara , is is easier & cheaper to let sleeping dogs sleep . Let it die as soon as possible . Share this post Link to post Share on other sites
laras4labs 4 Posted June 25, 2009 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. Share this post Link to post Share on other sites
codogs 0 Posted June 25, 2009 " It will be worth the attorney fees to slap this company in the face. " .. Lara , is is easier & cheaper to let sleeping dogs sleep . Let it die as soon as possible . I couldn't agree more, this is sound advice. Do what you can to avoid bringing more attention to this matter. Even though this company is morally messed up in their business practices, legally it appears what they do is legit. I'm sorry that you're in this position, and thankful that you brought it to eveyone's attention. It's opened my eyes. Share this post Link to post Share on other sites
BannerJohn 1,324 Posted June 25, 2009 " It will be worth the attorney fees to slap this company in the face. " .. Lara , is is easier & cheaper to let sleeping dogs sleep . Let it die as soon as possible . I couldn't agree more, this is sound advice. Do what you can to avoid bringing more attention to this matter. Even though this company is morally messed up in their business practices, legally it appears what they do is legit. I'm sorry that you're in this position, and thankful that you brought it to eveyone's attention. It's opened my eyes. really? So why is the state of Indiana investigating them and filing complaints against them? Dig a little deeper. Share this post Link to post Share on other sites
codogs 0 Posted June 25, 2009 " It will be worth the attorney fees to slap this company in the face. " .. Lara , is is easier & cheaper to let sleeping dogs sleep . Let it die as soon as possible . I couldn't agree more, this is sound advice. Do what you can to avoid bringing more attention to this matter. Even though this company is morally messed up in their business practices, legally it appears what they do is legit. I'm sorry that you're in this position, and thankful that you brought it to eveyone's attention. It's opened my eyes. really? So why is the state of Indiana investigating them and filing complaints against them? Dig a little deeper. I dug as far as I need to dig. I'm sure they're getting a lot of complaints and counter lawsuits. That's the nature of their business. The core of what they do, which is find people/business that are not authorized to use IP of another entity, is a service they have every right to offer. That was my point. Sorry if I wasn't clear in that regard. Some of their methods of getting information might not be legal or ethical, that's something her lawyer can determine in this situation. Do I agree with their business model? No. Share this post Link to post Share on other sites
JoeCamaro 11 Posted June 25, 2009 Yeah, this is like your partner (gf, bf, husband or wife) setting you up with a friend to seduce you and see if you fall for it. Is that right? I think not. (*Not a personal experience, just a though) Share this post Link to post Share on other sites
sarconastic 29 Posted June 25, 2009 Lara, It's a new day and I haven't had time to have a bad one yet, So I can chat to you a little more clear headed. I know the feelings your going through right now, the anxiety, the stress, and the what the heck am i gonna do about this. What I can honestly tell you is it will get better. After you have your meeting with your attorney, he will figure this out lickity split. Then the load will be lifted off your shoulders. From what i have researched about this company is that they represent other companies to "Guard" their property rights. Their business practices are skeptical at best and need to be overseen by someone. But that aside, what they do is send out Masses of these letters. They do NOT want to prosecute all these. They would lose money if they did. You are probably one of 5,000 letters that got mailed that day. Now the average person who doesn't know what's going on will instead of getting a lawyer, call the company and talk to them, then somewhere in the conversation a settlement number will be agreed on. Say $2K. What they just did was make $2,000 off of a dollars worth of stationary and postage and some $9 an hour telemarketer. So if they get just 10% of the people in those settle for $2K they make an easy $1,000,000 that day. They split it with dewalt and they all walk away richer than us. I am sure your attorney will tell you that he can send a Strongly worded letter as Mid stated and tehy will back down. THey don't want t prosecute you. It's a losing proposition for them. Good luck and let us know how it goes. Kevin Share this post Link to post Share on other sites
Guest fivestar Posted June 25, 2009 Hell call B&D up and tell them your situtaion and see what their policy is. Let them know that you made a decal for a race car that the person told you Dewalt sponsored. Share this post Link to post Share on other sites
DaveS 0 Posted June 25, 2009 What To Do If Contacted By Continental Enterprises http://tabberone.com/Trademarks/HallOfShame/CyberCops/ContinentalEnterprises/WhatToDo.shtml Share this post Link to post Share on other sites
BannerJohn 1,324 Posted June 25, 2009 good advice on that page. Share this post Link to post Share on other sites
Rodger 527 Posted June 25, 2009 Great link Dave . Lara , did you get a letter or did you get served with legal papers with a case # ? Share this post Link to post Share on other sites
midwaste 4 Posted June 25, 2009 I have to wonder if B+D and others are aware that Continental Enterprises is using the extortion tactics they are to supposedly "defend" trademarks and copyright. Who do they think they are, the mafia? Share this post Link to post Share on other sites
laras4labs 4 Posted June 25, 2009 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. 1 Share this post Link to post Share on other sites
BannerJohn 1,324 Posted June 25, 2009 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? Share this post Link to post Share on other sites
laras4labs 4 Posted June 25, 2009 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. Share this post Link to post Share on other sites
Rodger 527 Posted June 25, 2009 Hey Lara , Remember lawyers are willing to fight right up to the point where you have no more money !!! I would get that lawyer ( or another lawyer ) to give you a set price , not an hourly rate. It will kill you . I was charged $250 an hour in po-dunk Weston WV over a property dispute . I wound up making a settlement I could have done myself ( after paying the lawyer $10K ERRRRRRRR ) . Share this post Link to post Share on other sites
cpwall 0 Posted June 25, 2009 I have been following this thread religously and lara I can't wait to hear what comes out of all this. I hope it goes well for you and I think that they really don't have much of a leg to stand on. wish you the best Share this post Link to post Share on other sites
Guest sciondrgn Posted June 25, 2009 Really sorry to hear this.. I hope things work out in your favor.. Share this post Link to post Share on other sites
Rodger 527 Posted June 25, 2009 I'm on Lara's side . I don't think she has done anything wrong !!! But legally , she has & they have her dead to rights with the reciept she gave them that has the Dewalt decal specified .The reality is how much of an example they want to make out of her to scare others like us . Even if they know they will get a $1 judgement they may go thru with it . The reality is that is the best way to keep copyrighted stuff from being used . WHAT a load of crap , but that is how some companies look at it . Don't worry too much about this Lara ( I know it is easy for me to say , but I have been where you are ) The legal expense will be the worst part of it I suspect . Share this post Link to post Share on other sites
ff-extreme 6 Posted June 25, 2009 I like the idea of getting a written letter from the company holding the copyright. Does anyone have a sample letter and what department you might send it to in a company? Share this post Link to post Share on other sites
kenimes 42 Posted June 25, 2009 Bah- if the lady said it was a decal for a sponsor of the vehicle- it should not be a problem. Your lawyer should have a hay day with this one. Share this post Link to post Share on other sites
