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Jayman
Sea Gull
Joined: May 26, 2008
Posts: 200
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 Posted: Thu Jun 19, 2008 12:13 am Post subject: |
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| You clearly have the legal right to use the trademark Autism Speaks. Ask any lawyer. It would be a different story if you were making another organization called Autism Speaks. This goes to show how corrupt and anti-autism they really are. This deserves media attention. Hey Autism Speaks. Are you going to sue everyone on this forum because we said the name of your organization. Why don't you since you just hate us autistics. |
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Inventor
Phoenix
Joined: Feb 16, 2007
Posts: 3540
Location: New Orleans
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| Posted: Thu Jun 19, 2008 12:20 am Post subject: |
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If it was not a general policy of copyright, in house, but indeed came from a complaint, give them the paperwork that cuts them out of the fight.
Then Autism Speaks can drop it or take it up directly with you.
The law is clear, if you get a Cease and Desist letter, and stop, that ends it. You cannot be sued for you have complied.
The other response is saying, I do not believe your claim is valid, and continue.
Many books have been written about what happens next.
I would not only take the responsability for the work, I would ask the people in writing if it was due to a complaint, or their own legal staff.
Some of my questions would be, did they refuse the job, or after printing for you did they stop?
The first could be like Kinko's, a general company policy. Like all business they have a burden of knowing the 73 tons of Federal Regulations that change almost daily. The best legal advice is avoid legal problems when you can.
Submiting a copy of Notice of Copyright Filing, would meet all their needs.
If it was a complaint, and they are acting on that. I know some case law you should read.
So from where you are now, a letter asking very gently, what is the problem?
If they say company policy, but I do not see it in the restricted list of Zazzle, "Infringment of Intellectual Property", then it could well be that the issue is they have been contacted.
If you pose your question softly, "Having read the terms of service I do not see why you should have a problem with my work", they might just reply, we have been contacted by the agent of the owner of the intellectual property.
It is fair and expected that they would comply with a reasonable request.
Print out a hard copy, and contact me. I will advise you of the meaning.
I am not a lawyer, do not give legal advice, I just have an obsession with 37 USC. |
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andrew_w
Emu Egg
Joined: May 25, 2008
Posts: 5
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| Posted: Thu Jun 19, 2008 4:03 am Post subject: |
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| This is a textbook example of a SLAPP (strategic lawsuit against public participation - look it up on Wikipedia) threat. Either their lawyers are utter morons (haven't they heard of "nominative use" before?), or they're just trying to intimidate you. I suspect the latter, especially since they've engaged in such behavior at least once before. |
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Shelby
Velociraptor
Joined: May 01, 2007
Age: 30
Posts: 404
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| Posted: Thu Jun 19, 2008 4:43 am Post subject: |
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Hmm maybe you could reword the shirts caption a little? Something like "An evil anti-AUTISM organization does not SPEAKS for me". Then it's harder for them to say anything about it.
I love your shirts BTW. I might have to buy "you're staring at an autistics boobs" LOL!!!
PS. Now that shirt has been banned it's going to be more in demand. I suggest you hit ebay  |
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Greyhound
Unknown, sir.
Joined: Apr 10, 2008
Posts: 1335
Location: Birmingham, UK
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| Posted: Thu Jun 19, 2008 4:57 am Post subject: |
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Why have the name 'Autism Speaks' and then not let an autistic speak with the use of a t-shirt. Isn't that what they want - autism speaking?
I like t-shirt by the way.
_________________
I don't have Aspergers, I'm just socially inept
Dodgy circuitry! Diagnosed: Tourette syndrome. Suspected: auditory processing disorder, synaesthesia. Also: social and organisation problems. Heteroromantic asexual (though still exploring) |
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AspieZach
Snowy Owl
Joined: Mar 31, 2008
Age: 23
Posts: 137
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| Posted: Thu Jun 19, 2008 11:30 am Post subject: |
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I sent an email to Zazzle last night, as soon as I get some life in me I'll write another blog post about it.
_________________
Aspergers Syndrome News http://www.aspieweb.net/aspergers-news/ |
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LKL
Phoenix
Joined: Jul 22, 2007
Age: 33
Posts: 1274
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| Posted: Thu Jun 19, 2008 4:00 pm Post subject: |
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andrew w is correct - this is a classic example of a SLAPP. Does your state have any anti-SLAPP laws?
from the wiki article:
California
The U.S. state of California enacted Code of Civil Procedure § 425.16 in 1992, a statute intended to prevent the misuse of litigation in SLAPP suits. It provides for a special motion which a defendant can file at the outset of a lawsuit to strike a complaint where the complaint arises from conduct that falls within the rights of petition or free speech. The statute expressly applies to any writing or speech made in connection with an issue under consideration or review by a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, but there is no requirement that the writing or speech be promulgated directly to the official body. It also applies to speech in a public forum about an issue of public interest and to any other petition or speech conduct about an issue of public interest.
The filing of an anti-SLAPP motion prevents the plaintiff from amending the complaint and stays all discovery. If the special motion is denied, the filing of an appeal immediately stays the trial court proceedings as to each challenged cause of action. Defendants prevailing on an anti-SLAPP motion (including any subsequent appeal) are entitled to a mandatory award of reasonable attorney’s fees. More than 200 published court opinions have interpreted and applied California's anti-SLAPP law.
California's Code of Civil Procedure § 425.17 corrects abuse of the anti-SLAPP statute (CCP § 425.16). Signed into law on September 6, 2003, this statute prohibits anti-SLAPP motions in response to certain public interest lawsuits and class actions, and actions that arise from commercial statements or conduct. Section 425.18, signed into law on October 6, 2005, was enacted to facilitate SLAPP victims in recovering their damages through a SLAPPback (malicious prosecution action) against the SLAPP filers and their attorneys after the underlying SLAPP has been dismissed....
Other States
At least 25 other states and one territory have also enacted statutory protections against SLAPPs. These are Arkansas, Arizona, Delaware, Florida, Georgia, Guam, Hawaii, Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, and Washington. In Colorado and West Virginia, the courts have adopted protections against SLAPPs. |
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MSO1729
Hummingbird
Joined: Jun 04, 2008
Posts: 21
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| Posted: Thu Jun 19, 2008 5:33 pm Post subject: |
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Maybe you should make a shirt that says:
Autism would speak if Autism Speaks weren't suing it. |
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0_equals_true
Genuine Charlatan
Joined: Apr 06, 2007
Age: 27
Posts: 6992
Location: London
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| Posted: Thu Jun 19, 2008 7:32 pm Post subject: |
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| AspieZach you'd do well not to bite the hand that feeds you. makuranososhi made a perfectly valid point, which are missing. Regardless of the email zaazle terms state it can remove any content it deems violates its terms. That is what's called a 'catch all' contract. So, it doesn't matter what it says in the email. Zaazle are not liable in that respect unfortunately. Unless you can find a president in which they are contravening existing laws, which can't be signed away. |
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TheZach
Velociraptor
Joined: Aug 11, 2007
Posts: 445
Location: Michigan, USA
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| Posted: Fri Jun 20, 2008 12:04 am Post subject: |
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| 0_equals_true wrote: | | AspieZach you'd do well not to bite the hand that feeds you. makuranososhi made a perfectly valid point, which are missing. Regardless of the email zaazle terms state it can remove any content it deems violates its terms. That is what's called a 'catch all' contract. So, it doesn't matter what it says in the email. Zaazle are not liable in that respect unfortunately. Unless you can find a president in which they are contravening existing laws, which can't be signed away. |
I'm disregarding pesimistic posts as this. The shirt was taken down because of DMCA takedown notice filed by Autism Speaks Inc, not because of Zazzles TOS.
_________________
TheZach
<a href="http://www.thezach.net/blog">My Blog</a> |
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Greyhound
Unknown, sir.
Joined: Apr 10, 2008
Posts: 1335
Location: Birmingham, UK
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| Posted: Fri Jun 20, 2008 4:39 am Post subject: |
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| MSO1729 wrote: | Maybe you should make a shirt that says:
Autism would speak if Autism Speaks weren't suing it. |
Brilliant!
_________________
I don't have Aspergers, I'm just socially inept
Dodgy circuitry! Diagnosed: Tourette syndrome. Suspected: auditory processing disorder, synaesthesia. Also: social and organisation problems. Heteroromantic asexual (though still exploring) |
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0_equals_true
Genuine Charlatan
Joined: Apr 06, 2007
Age: 27
Posts: 6992
Location: London
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| Posted: Fri Jun 20, 2008 5:34 am Post subject: |
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| TheZach wrote: | | I'm disregarding pesimistic posts as this. The shirt was taken down because of DMCA takedown notice filed by Autism Speaks Inc, not because of Zazzles TOS. |
It is not a pessimistic post, I'm trying to help, obviously you don't realize that. I already gave my support to you. I had no idea that you received anything directly from Autism Speaks. There is no point being rude to people who are supporting you.
If autism speaks is using SLAP tactics they haven't necessarily filed anything. These would be just threats, that are time consuming and may cost you money to get advice on.
You have a perfectly legitimate right, however what they they may be hoping for is for you to be angry enough that you then inadvertently libel them. Then they would have a claim against you.
That's why I said I would play smart.
For instance the slogan "Autism would speak if Autism Speaks weren't suing it." is close to the mark. You could still use it as a protest but they might have grounds for defamation depending on how good their lawyers are, the judge, jurisdiction, etc.
The original shirt was fine.
Not everyone who gives you advice is an idiot. I'm not necessarily saying you shouldn't stick up for what you believe in. I'm all for that. I'm just giving information. It isn't meant as pessimistic or optimistic, just information. You can be provocative, even I'm like that sometimes too (have a look at the talk I did at befriender training with the NAS). Its your judgment, but if you have the information then you can decide whether you want to go against the grain or not. |
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Followthereaper90
WP REAPER
Joined: Apr 30, 2008
Age: 19
Posts: 1678
Location: finland
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| Posted: Fri Jun 20, 2008 7:08 am Post subject: |
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i think u should fall back if u are not hiring lawyer but lets just say if im only getting e-mails i would screw em....oh and make sure u remove contact infos on webside just for sure
_________________
followthereaper until its time to make a turn,
followthereaper until point of no return-children of bodom-follow the reaper |
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TheZach
Velociraptor
Joined: Aug 11, 2007
Posts: 445
Location: Michigan, USA
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TheZach
Velociraptor
Joined: Aug 11, 2007
Posts: 445
Location: Michigan, USA
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