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AspieZach
Snowy Owl
Joined: Mar 31, 2008
Age: 23
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LTP
Raven
Joined: Jun 14, 2008
Age: 18
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 Posted: Wed Jun 18, 2008 12:57 pm Post subject: |
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| Looks pretty straightforward to me. You used a already copyrighted design without asking for permission and they want it removed. |
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AspieZach
Snowy Owl
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Age: 23
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| Posted: Wed Jun 18, 2008 1:00 pm Post subject: |
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I didnt use a design.... I used the words Autism Speaks Needs To Go Away
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anbuend
Oak-Type Autie
Joined: Jul 06, 2004
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| Posted: Wed Jun 18, 2008 1:00 pm Post subject: |
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Yes, it'd be a problem to use a copyrighted thing, except in some cases of parody or something.
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Bopkasen
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Joined: Jul 06, 2006
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| Posted: Wed Jun 18, 2008 1:03 pm Post subject: |
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| AspieZach wrote: | | I didnt use a design.... I used the words Autism Speaks Needs To Go Away |
I still think that the word "autism speaks" isn't suppose to be 100% enforced even those there is a trademark.
That like trademarking "Have it your Way", I made t-shirt HAVE IT YOUR WAY, would Burger King go Donkey Kong on me? |
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AspieZach
Snowy Owl
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Age: 23
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Bopkasen
Velociraptor
Joined: Jul 06, 2006
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| Posted: Wed Jun 18, 2008 1:04 pm Post subject: |
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| AspieZach wrote: | | So if I was to say Autism Speaks needs to go away I can get sued? |
No. I think you should counter sued them. Here is the things, you are defenseless because you have no lawyer.
Legal or illegal, criminal can go home free with the help of the lawyer. This same applied to the company that trying to twist your arm. You can countersue for the harrassment and abuse of freedom of speech.
Last edited by Bopkasen on Wed Jun 18, 2008 1:06 pm; edited 1 time in total |
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AspieZach
Snowy Owl
Joined: Mar 31, 2008
Age: 23
Posts: 137
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| Posted: Wed Jun 18, 2008 1:05 pm Post subject: |
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| Bopkasen wrote: | | AspieZach wrote: | | I didnt use a design.... I used the words Autism Speaks Needs To Go Away |
I still think that the word "autism speaks" isn't suppose to be 100% enforced even those there is a trademark.
That like trademarking "Have it your Way", I made t-shirt HAVE IT YOUR WAY, would Burger King go Donkey Kong on me? |
What it is, and they are proving this again. They are threatning autistic people who disagree with there stances with legal action to shut them up. They did it to the perosn who made NTSpeaks before.
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Bopkasen
Velociraptor
Joined: Jul 06, 2006
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| Posted: Wed Jun 18, 2008 1:07 pm Post subject: |
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| AspieZach wrote: | | Bopkasen wrote: | | AspieZach wrote: | | I didnt use a design.... I used the words Autism Speaks Needs To Go Away |
I still think that the word "autism speaks" isn't suppose to be 100% enforced even those there is a trademark.
That like trademarking "Have it your Way", I made t-shirt HAVE IT YOUR WAY, would Burger King go Donkey Kong on me? |
What it is, and they are proving this again. They are threatning autistic people who disagree with there stances with legal action to shut them up. They did it to the perosn who made NTSpeaks before. |
Ok. In a future mission, I will see what I can against Autism speaks and settle this once for all. If it mean hiring 100 lawyer, I am willing to do it. |
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t0
Phoenix
Joined: Mar 24, 2008
Posts: 798
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| Posted: Wed Jun 18, 2008 1:17 pm Post subject: |
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I thought there was some kind of similar argument where the guy who ran aolsucks.com got attacked by AOL. But I think he won - they ruled it was free speech / commentary and that he couldn't make it without using their name (to indicate who he was making commentary about).
But this is more complicated than that. Since you seem to be selling products through a reseller, AS has targeted the reseller, not you. They've done this because the reseller is more likely to cave (no emotional interest). The reseller probably has something in their Terms of Service that allows them to remove anything at any time. And since you're not targeted, (and this isn't really a lawsuit) there's no one for you to sue. |
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0_equals_true
Genuine Charlatan
Joined: Apr 06, 2007
Age: 27
Posts: 6992
Location: London
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| Posted: Wed Jun 18, 2008 1:18 pm Post subject: |
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| if you didn't use or infringe intellectual property, then it is your right to criticise Autism Speaks. I would ask them what specifically did they object to, if you don't already know. Using the words Autism Speaks in the context of critical content is not an infringement. |
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0_equals_true
Genuine Charlatan
Joined: Apr 06, 2007
Age: 27
Posts: 6992
Location: London
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| Posted: Wed Jun 18, 2008 1:25 pm Post subject: |
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A domain name is an address so it can't be associated with a trademark. However there have been some challenges to this.
If you have a domain and you approach somebody who you think would want it because their name is similar, and ask them for more money than what would be consider reasonable expenses for transferring it you are on the wrongs side of the law. However if they ask you you can charge them $$$. Not that I agree with that sort of thing. |
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qaliqo
Pileated woodpecker
Joined: Apr 01, 2008
Posts: 181
Location: SW Ohio
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| Posted: Wed Jun 18, 2008 1:25 pm Post subject: Any Other Font |
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So Zazzle took it down. So do it again with a different font in the same colors. Also, as an artist you are protected in making statements, but not when done for profit. Zazzle is a commercial site, ergo our Industrial Age laws trump our Information Age marketplace.
Given enough time, all attempts at restricting the flow of information will fail. Dam a river for a day, a year, or a century, the water will eventually find a way.
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VMSnith
Snowy Owl
Joined: Nov 27, 2007
Posts: 169
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| Posted: Wed Jun 18, 2008 1:27 pm Post subject: |
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You can't use their graphics or logo due to copyright.
They cannot, however, prevent you from using their name. Trademark law prevents others from using their name in the course of trade where there exists a possibility of confusion between you and them.
So if you're not selling something, you're fine. If you're not pretending to be Autism Speaks, or creating a situation where a reasonable person could confuse you with Autism Speaks, you're fine. If you're insulting them or accusing them or otherwise commenting on them - you are fine.
Their lawyer doesn't want you to know this. S/he will, if given the chance, try to confuse and intimidate you backing off your right to free expression. Stand your ground and read up on the law (and don't take my word - or anybody's word online - for it.)
Most lawyers in the USA will confer with your, free, for 15 minutes. I'd do that. (Never take legal advice from somebody else's lawyer!) |
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AspieZach
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Age: 23
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