A buddy of mine is being sued by a

[Art 1]

major Swiss watch company for copyright infringement. His hearing is in a few weeks. They are suing for $80,000. What he did was make some items with their logo mainly to give away to friends but he did sell some over the internet. He lost $4000 or so making these items but did it as a hobby and to give some things to his watch collecting buddies. He overnighted a hand written letter to the President of the US branch of this company asking for the suit to be dismissed as he has been a customer for over 30 years and has spent many tens of thousand of dollars on their product and was only an enthusiast. They will not budge.

A few years ago Disney sued a local day care for using images of it's characters on the walls in the day care. I guess you can't blame these large companies for protecting themselves. This watch company is know to go to all sorts of extremes and expense to protect their name.

 

[Mermaid02]

major Swiss watch company for copyright infringement. His hearing is in a few weeks. They are suing for $80,000. What he did was make some items with their logo mainly to give away to friends but he did sell some over the internet. He lost $4000 or so making these items but did it as a hobby and to give some things to his watch collecting buddies. He overnighted a hand written letter to the President of the US branch of this company asking for the suit to be dismissed as he has been a customer for over 30 years and has spent many tens of thousand of dollars on their product and was only an enthusiast. They will not budge.

A few years ago Disney sued a local day care for using images of it's characters on the walls in the day care. I guess you can't blame these large companies for protecting themselves. This watch company is know to go to all sorts of extremes and expense to protect their name.

Usually a cease and desist (sp?) letter come first. He didnt' get one I assume.

 

[Art 1]

Usually a cease and desist (sp?) letter come first. He didnt' get one I assume.

No. A summons for his hearing. This company does not fool around. He should have known better and did know better. He just though it was innocent fun.

I know a fella in London who shipped two of this brands watches to the US and they were seized by customs, returned to the watch company and never returned. True story. They do not allow for the importation of their product into the USA except by them.

 

[barkley]

people and companies get very protective of their copyrights. i remember when i was in elementary school there was a jr. high in the region that had legaly purchased the right to do "you're a good man charlie brown", but failed to read the copyright information. they produced using the likeness of the peanuts characters on their posters, t-shirts and advertising letters. charles m. schultz lived in a nearby town, caught sight of the posters and successfully sued the school (he wanted to send a message that his property was his, and that illegal use of it, esp. for a profit earning venture, would not be tolerated).


sounds like in the buddy's case-the company is taking the same position they would with anyone whose selling knockoff's of their brand.

 

[Hannathy]

are you posting as a warning? because your friend was in the wrong and I don't blame the company one bit. Just like Disney won't let adults wear costumes of the characters in the park because they don't want any old person representing them the company in this case doesn't want any old person making watches and putting them into circulation representing them without them being responsible for the quality.


It is bad enough he did it for friends but once he started selling them he was way over the line.

 

[Art 1]

are you posting as a warning? because your friend was in the wrong and I don't blame the company one bit. Just like Disney won't let adults wear costumes of the characters in the park because they don't want any old person representing them the company in this case doesn't want any old person making watches and putting them into circulation representing them without them being responsible for the quality.


It is bad enough he did it for friends but once he started selling them he was way over the line.

No warning just a topic of conversation. He knows it was wrong, so do we all. He got caught and is going to be made an example of. He'll pay whatever fine he is given and will move on.

 

[NHdisneylover]

It stopped being "innocent fun" as soon as he sold some of the watches. He probably would have been fine just making some for friends as a special novelty gift. I do not blame the company at all for going after him, as you say he should have known better.

 

[bicker]

An owner of IP has an obligation to vigorously defend their property, without bias or favoritism.

 

[rie'smom]

I know of a case where a woman digitized Disney embroidery designs and sold them. Disney took her to court, won the case, and seized her embroidery machine. It could have been worse if she had a financial penalty. Another lady, very nice woman, here on the DIS had a website with free Disney designs but she asked for donations. Someone turned her in and now she is forbidden from making any Disney designs for herself or others.
Most companies seem to be pretty lenient if using their logos, designs for personal use but they can come down hard if you sell them.

 

[Art 1]

It stopped being "innocent fun" as soon as he sold some of the watches. He probably would have been fine just making some for friends as a special novelty gift. I do not blame the company at all for going after him, as you say he should have known better.

He didn't sell watches, it's not illegal to sell watches. He sold shirts, hats and posters.

 

[Art 1]

An owner of IP has an obligation to vigorously defend their property, without bias or favoritism.

That's true. And companies with large amounts of money will go to no ends to do so. They will lose money protecting themselves. Coke and Pepsi are the same.

 

[bicker]

Indeed, because if the neglect to do so whenever it is brought to their attention, they sacrifice to do so when it matters.

 

[NHdisneylover]

He didn't sell watches, it's not illegal to sell watches. He sold shirts, hats and posters.

Sorry I misread. I think it would still be illegal to sell watches using their logo if they did not make the watch, but hey I could be wrong. My father in law repairs watches and sometimes combines pieces (but not for sale--for example, he was able to use elements of a watch his father in law wore for many years and incorporate them into a lady's watch for my mother in law after her father died). I guess I was thinking he did something like this. Shirts, hats and posters using another company's logo is such a blantant copyright infringement I guess I was assuming your frined would not be THAT stupid

 

[Green Tea]

He's not one of your brighter friends, is he?

 

[tlbwriter]

This watch company is know to go to all sorts of extremes and expense to protect their name.

I wouldn't consider this going to extremes - it's a pretty basic business practice to me. If someone illegally uses your name or logo, you sue them.

 

[lovetoscrap]

A few years ago there were some very popular baby blanket "loveys" with loops of different textured ribbon and fabric around the outside--May have been this brand: http://www.snuggstuff.com/snuggrugg

My good friend decided that she could make them for much cheaper than the $20 they sold for and began making them as baby gifts for friends and family. Which was fine until everyone started raving about them so she decided to make them and sell on ebay. She bought tons of fabric and ribbons and made a ton of them and listed them.

Yep. Cease and Desist letter almost immediately. It is about 10 years later and I think she still has a huge stack of them to give away. Fortunately in her case she only lost the money that she had spent on materials.

 

[bumbershoot]

I guess you can't blame these large companies for protecting themselves.

They have to.

An owner of IP has an obligation to vigorously defend their property, without bias or favoritism.

Exactly.

Companies, no matter how big or small, who have trademarked their products/name/whatever, HAVE TO do this. If they do not, as bicker said, *vigorously defend* their trademark/name/etc, they can LOSE it.

My sister in law is an attorney in trademark law for a huge firm...I've gotten quite an education since she started law school!

 

[HelenePA]

A few years ago there were some very popular baby blanket "loveys" with loops of different textured ribbon and fabric around the outside--May have been this brand: http://www.snuggstuff.com/snuggrugg

My good friend decided that she could make them for much cheaper than the $20 they sold for and began making them as baby gifts for friends and family. Which was fine until everyone started raving about them so she decided to make them and sell on ebay. She bought tons of fabric and ribbons and made a ton of them and listed them.

Yep. Cease and Desist letter almost immediately. It is about 10 years later and I think she still has a huge stack of them to give away. Fortunately in her case she only lost the money that she had spent on materials.

Taggies? how could they stop her from selling blankets like them unless she was saying they were made from that company?

 

[tiggger1]

Taggies? how could they stop her from selling blankets like them unless she was saying they were made from that company?

thats what I was wondering?

 

[lovetoscrap]

Taggies? how could they stop her from selling blankets like them unless she was saying they were made from that company?

I think because the design was exactly the same as theirs and they had a patent.