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earthmonkey
Phoenix
Joined: Jun 06, 2005
Age: 19
Posts: 578
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 Posted: Wed Jun 18, 2008 1:41 pm Post subject: |
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Geez, first they intimidate an autistic teenager for making a parody site, now they're intimidating another autistic because they used their name? What's next, they'll try to buy the rights to the word "autism"?
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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 1:42 pm Post subject: |
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Firstly thread carefully. You didn't receive a legal notice from autism speaks or else it would have been forwarded to you. You received a warning notice from the content management of zazzle.com
I'm not sure what the legal requires of using a trade mark in quotes. But clearly the context is protest. I don't see how you could have infringed any rights at all. You also didn't cause any defamation like if you said "Autism speaks is..."
I would contact zaazle and ask them on what basis they made this decision. I would also consider moving to another service. I think it might the case that zazzle is nervous of legal action. |
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earthmonkey
Phoenix
Joined: Jun 06, 2005
Age: 19
Posts: 578
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| Posted: Wed Jun 18, 2008 1:52 pm Post subject: |
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| 0_equals_true wrote: |
Firstly thread carefully. You didn't receive a legal notice from autism speaks or else it would have been forwarded to you. You received a warning notice from the content management of zazzle.com
I'm not sure what the legal requires of using a trade mark in quotes. But clearly the context is protest. I don't see how you could have infringed any rights at all. You also didn't cause any defamation like if you said "Autism speaks is..."
I would contact zaazle and ask them on what basis they made this decision. I would also consider moving to another service. I think it might the case that zazzle is nervous of legal action. |
Oh, yeah, it would be clearly absurd if they continued to go after you for this. Not that they've been known for such absurdity... *whistles* Uh-oh! I should hire a lawyer, to defend against the inevitable lawsuit my sarcastic whistling will inevitably precipitate! Oh noes... 
P.S> whoops, forgot to pfinish second half of my post -- yeah I agree though, since they didn't actually directly contact you to actually sue or anything, it'll do better effects to make this more publicly known than to actively go after them. Best let the fire burn and feed itself, with just a little help from your kindling.
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"Public transportation is for jerks and lesbians." --Homer Simpson
"why is it bad for me to discuss why I need the lights off above my desk but it is ok for you to tell me you had a camera shoved up your a#$?" --an aspie coming out |
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AspieZach
Snowy Owl
Joined: Mar 31, 2008
Age: 23
Posts: 137
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| Posted: Wed Jun 18, 2008 2:04 pm Post subject: |
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[quote="earthmonkey"][quote="0_equals_true"] | AspieZach wrote: |
yeah I agree though, since they didn't actually directly contact you to actually sue or anything, it'll do better effects to make this more publicly known than to actively go after them. Best let the fire burn and feed itself, with just a little help from your kindling. |
Well please pass this link onto your Autistic and Aspie friends, and feel free to add it your blogs as well. What you said is the current route I am taking...
http://www.aspieweb.net/aspieweb-being-bullied-by-autism-speaks/
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BitsandWires
Yellow-bellied Woodpecker
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Joined: Aug 15, 2007
Age: 27
Posts: 72
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| Posted: Wed Jun 18, 2008 3:14 pm Post subject: |
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Find a free speech lawyer. Theres no way they could win, they are just intimidating you because your small.
How else can you speak against a company without using the name? Its the most direct and obvious way and it's done every day. You didn't use anything copyrighted, well their name is but you have the right to express your opinion. Nobody who sees that shirt will think it's made by "Autism speaks". |
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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 3:17 pm Post subject: |
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| I agree with everyone, but I still strongly urge you to change that you know that autism speaks is behind this to you think they are. That's is until you know for sure. |
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roygerdodger
Phoenix
Joined: Jul 16, 2006
Age: 18
Posts: 1499
Location: High Point, North Carolina
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n4mwd
Phoenix
Joined: Jun 08, 2008
Posts: 707
Location: Palm Beach, FL
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| Posted: Wed Jun 18, 2008 3:21 pm Post subject: |
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Short and very specific phrases can be trademarked and protected that way, but cannot be copyrighted because they aren't unique enough to be different. Thus "Have it your way" could be traddemarked, For a fact, Mr. T has trademarked the phrase "I Pity the Fool" so other actors can't
use that phrase. I don't think Autism Speaks is in a legal position to do anything other than threaten you. You should protest the removal of your T-Shirt since it did not have any logos on it. |
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krex
Phoenix
Joined: Jun 21, 2006
Age: 46
Posts: 5090
Location: Village of the Damned
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| Posted: Wed Jun 18, 2008 3:42 pm Post subject: |
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You could try and find a disabilitities right lawyer who would defend you pro-bono....for Autism Speaks infringing on your right to make a living by selling your art work/T-shirt.
You could also be more subtle and make a shirt that says
AUTISM does SPEAK
Just ask me, I'm autistic
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AspieZach
Snowy Owl
Joined: Mar 31, 2008
Age: 23
Posts: 137
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| Posted: Wed Jun 18, 2008 3:59 pm Post subject: |
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| krex wrote: |
You could also be more subtle and make a shirt that says
AUTISM does SPEAK
Just ask me, I'm autistic |
That would defeat the purpose of stating Autism Speaks does not represent me.
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Wolfpup
Phoenix
Joined: Apr 15, 2007
Posts: 1610
Location: Central Illinois, USA
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| Posted: Wed Jun 18, 2008 4:02 pm Post subject: |
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Wow. Wow.
Unbelievable. Has anyone gone to THEIR forums to (politely) say what they're doing? EDIT: Do they have a forum? I could have sworn they did and I posted there once, but I can't find it now.
Anyway, this is unbelievable. They're BULLYING someone on the spectrum for daring to say that we have rights? Geez.
I'm saving a copy of that web page for when IT gets taken down |
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AspieZach
Snowy Owl
Joined: Mar 31, 2008
Age: 23
Posts: 137
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| Posted: Wed Jun 18, 2008 4:22 pm Post subject: |
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| Wolfpup wrote: | Wow. Wow.
Unbelievable. Has anyone gone to THEIR forums to (politely) say what they're doing? EDIT: Do they have a forum? I could have sworn they did and I posted there once, but I can't find it now.
Anyway, this is unbelievable. They're BULLYING someone on the spectrum for daring to say that we have rights? Geez.
I'm saving a copy of that web page for when IT gets taken down |
My host does not respond to anything sort of a legitmate court order... but pass it on to your friends and raise awairness while we can!
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Warsie
OG Balla Representin' Da Souf Sydeeee of Chi-City
Joined: Apr 04, 2008
Age: 19
Posts: 2460
Location: Chicago, IL, USA
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| Posted: Wed Jun 18, 2008 4:55 pm Post subject: |
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This is some MAFIAA (RIAA/MPAA) sh** here.
Contact the ACLU for help.
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matsuiny2004
Phoenix
Joined: Mar 23, 2008
Posts: 1634
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| Posted: Wed Jun 18, 2008 6:13 pm Post subject: |
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| AspieZach wrote: | | Wolfpup wrote: | Wow. Wow.
Unbelievable. Has anyone gone to THEIR forums to (politely) say what they're doing? EDIT: Do they have a forum? I could have sworn they did and I posted there once, but I can't find it now.
Anyway, this is unbelievable. They're BULLYING someone on the spectrum for daring to say that we have rights? Geez.
I'm saving a copy of that web page for when IT gets taken down |
My host does not respond to anything sort of a legitmate court order... but pass it on to your friends and raise awairness while we can! |
here are lawyers if you are interested in talking to one http://www.wrongplanet.net/postt69339.html
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makuranososhi
Purple Monkey Dishwasher
Joined: May 13, 2008
Posts: 4713
Location: Transitional
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| Posted: Wed Jun 18, 2008 6:24 pm Post subject: |
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| AspieZach wrote: | | krex wrote: |
You could also be more subtle and make a shirt that says
AUTISM does SPEAK
Just ask me, I'm autistic |
That would defeat the purpose of stating Autism Speaks does not represent me. |
The implication does remain; it is just more subtly stated. There are other variants as well that could be used. Using 'Autism Speaks' in the manner shown originally does attempt to show a direct connection to the organization, which could at some point be seen as a targeted attack - it is not my impression, but the possibility exists. The letter received was from Zazzle, not Autism Speaks; generally speaking, print and production companies will err on the side of a right's holder/complaint as the penalties for infringement are not small or mild.
Autism in Action - Actions Speak Louder Than Words
| Quote: | The following content is not permitted on Zazzle:
· No images of obscenity, pornography or nudity that is not artistic in nature
· No images or depictions of illegal drugs or drug use
· No excessive violence
· No content that is libelous or defamatory
· No content that can reasonably be viewed as harassing, threatening, or otherwise harmful
· No hate speech
· No content that can reasonably be viewed as discriminatory based upon race, ethnicity, national origin, sexual orientation, or disability
· Nothing that violates or encourages anyone else to violate any law
Any products that are deemed unacceptable by the rules above, or deemed offensive or in bad taste at the sole judgment of Zazzle.com may be removed from the site with or without notice. |
Under their TOS, they are permitted to remove products at any time - and likely did so to prevent themselves from being targeted by lawyers. Not saying I agree with it, but that I can understand why a company in this day and age would do something as such.
I like the idea; they do not speak for a vast number of us. We just have to come up with something that stands alone, proud and separate from their message. Being negative to another support group, however misguided one may think their practices and approaches, does nothing to bolster support or improve perceptions.
M.
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