chipperi 45 Posted July 2, 2014 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. Share this post Link to post Share on other sites
BannerJohn 1,324 Posted July 2, 2014 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 Share this post Link to post Share on other sites
jaybyrd 3,770 Posted July 2, 2014 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. Share this post Link to post Share on other sites
BannerJohn 1,324 Posted July 3, 2014 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. Share this post Link to post Share on other sites
jaybyrd 3,770 Posted July 3, 2014 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 Share this post Link to post Share on other sites
BannerJohn 1,324 Posted July 3, 2014 If he files with ebay and they agree with him, ebay will take it down. I would just wait and see Share this post Link to post Share on other sites
skarekrow 1,842 Posted July 3, 2014 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. 4 Share this post Link to post Share on other sites
Wildgoose 4,200 Posted July 3, 2014 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 Share this post Link to post Share on other sites
Wildgoose 4,200 Posted July 3, 2014 Here is a pick. Wasn't quite room to load it all together. 1 Share this post Link to post Share on other sites
chipperi 45 Posted July 3, 2014 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.. 3 Share this post Link to post Share on other sites
latitude42 5 Posted July 13, 2014 Dated and time stamped is NOT copyrighted... you have to file for a copyright and receive it. Can't blame him for trying though. Share this post Link to post Share on other sites
OWJones 1,981 Posted July 13, 2014 <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. 1 Share this post Link to post Share on other sites
AshComputers 197 Posted July 14, 2014 OWJones.... Ya hit the nail on the head man ; ) Share this post Link to post Share on other sites
skarekrow 1,842 Posted July 14, 2014 Here's one I just created... you're welcome to use it. StpTxtnThumb.svg StpTxtnThumb.eps Share this post Link to post Share on other sites