Cease and desist request - So-Cal Speed shop VS So-Cheap

AW shit, This just in Ive got a Clay Smith tat on one arm and a cobra jet snake tat on my other, they will be coming to cut my arms off soon...

 

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(And PEDRO, sorry, but I'm not an ass-sucking Corporate LAWYER, I'm a stone carver and militant revolutionary (ret) from the 60's)

SO-FUCKED!!!!!

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Hell ya!

So the guy that owns so-cal reads the HAMB?
Maybe he might see that hes pissing off this crowd?
The so-cal (phx) open house a couple weeks ago was basically a bunch of retired old geezers w/ obviously too much money to be buying all the over priced shit they sell.
What a fuck-show...
j

 

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I'm not an artist and I dont know what the laws are but but the logo is two freaking ovals, and the names have too different meanings and your using two different colors.



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Like elements used in a like manner IS the problem. It doesn't matter what the words say. The design is derivative because naturally it is a parody. Attorneys don't HAVE a sense of humor...

 

New logo

 

When you get into a "Pissen Match with a Skunk...," Whether you Win or Loose..., it still stinks!!!!

Mark

 

Only some artists ask for licensing fees. Or record company might step in and say there's a usage fee because the lyrics have to be "studied" for parody. In Weird Als case though, its usually very little money involvement because many do regard it as homage.

 

I think Nads has this pegged. I'm not sure of all the legal aspects, but it seems that Parody is a hell of a lot different than theft.

Reminds me of the case a couple of months ago where Al Franken published a book and Fox News sued him. Fox claimed copyright infringement and some of the same BS- that people would confuse the book for a Fox product. Fox got blown out pretty quickly on that one & dropped the suit. Franken's still a whiney dickhead but proved that even if a parody isn't all that funny it's protected under the 1st amendment.

My 2 cents.

 

Not really, there is an oval in an oval on some. I guess they'll have to sort it out. But just for the record, I dont buy so cal or any other crap

 

GRIMLOK, I think YOU have done some pretty funny stuff on here as well. And this whole subject reminded me of my personal favorite.....

 

The only one making any money on this deal is the Lawyer.
You can pretty much bet he's getting more than S0-Cheap ever made, and he's getting it by causing bad publicity for the guy who's paying him. That's America! It would be nice if Alex and Clarke could get on the phone and talk to each other, but that's not the way the world works anymore. Sad.

 

COPYRIGHT INFRINGEMENT AND INTELLECTUAL PROPERTY LAWS ARE THERE TO PROTECT THE ARTIST... OR THE INVENTOR, OR THE COMPANY'S IDEAS...THE LINE GETS GRAYER WITH THE TECHNOLOGY WE HAVE TODAY (INTERNET) BUT COME ON, YOU GUYS - CAN'T YOU AT LEAST TRY TO BE ORIGINAL??? COPYING SOMEONE ELSE'S DESIGNS IS AT THE VERY LEAST CHICKEN SHIT, AND SHOWS A SUBSTANTIAL LACK OF GRAY MATTER. GET WITH IT!

 

The logo was clearly meant as a parody, and there is some protection granted for the use of parodies....

http://www.publaw.com/parody.html

To paraphrase:

It may be necessary for the parodist to rely on the fair-use defense to forestall any liability for copyright infringement.The Copyright Act in Section 107 enumerates four "fair use factors" that must be analyzed to determine whether a particular use of a copyrighted work, such as a parody, is fair use. These factors are the (1) purpose and character of the use, including whether the use is commercially motivated or instead is for nonprofit educational purposes; (2) nature of the copyrighted work; (3) amount and substantiality of the portion used in the newly created work in relation to the copyrighted work; and (4) effect of the use upon the potential market for or value of the copyrighted work.

But then again, I aint no lawyer.

Rich

 

Maybe you should just change the logo a little but maintain the parody theme. Here's a totally unprofessionally executed idea you are welcome to. The imploding oval.
Dan

 

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Wow, looks like SoCal doesn't get anymore of my money, either.
You should answer by telling them that you don't even sell parts, just T-shirts that emphasize "do it yourself hot rods." Do they REALLY think you are going to put them out of business.
First Ron's thing, now this...

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haaaa.haaaaaaaaa so cal dont sell fuckin parts either, every time i walk through there booth i notice more and more t-shirts and just a few chrome do dads

they're just pissed they cant sell their t-shirts for 50 bux like von dutch

its obvious your logo came from so-cal.....its differnt enough i dont think they have a case......but if they take you to court.that means you need to get a lawer to prove to the judge and their lawyer they dont have a case

court systems suck its not about whos innocent or guilty its about who plays the game better

maybe ford should sue them for their f-1 shock brackets or thier bull nose that has so-cal insted of the ford emblem??????

i realised they were ass holes after the shit they pulled on the kennedy brothers on their t-shirt

i dont think it has anything to do with alex its the other guy hes in bussiness with that turned a speedshop in to a fuckin apperal store.

GOOD LUCK

 

Don't you guys see what So-Cal is doing? They are gearing up (pardon the pun) to become the "next" Von Dutch. It's a common corporate strategy to squash anything that might confuse the public before the full bore launch of the brand. They know that they will have to deal with parodies and rip off's later in the game so why not crush anyone that might already have a following before the brand is worth millions! A great example of this was with Morehouse Mustard (http://www.morehousefoods.com/) and French's Mustard (http://www.frenchs.net/)...when was the last time you ate Morehouse Mustard? French's crushed Morehouse for using a similar banner on their mustard...even though Morehouse's logo was around first! Does Parris Hilton have a So-Cal shirt yet? Maybe So-Cheap should beat'em to the punch!

Just my $3...no, i'm not paranoid of corporate amerika...wait...who said that?...oh no, here come the black helicopters to take me awaaaaaaay!

 

Don't you guys see what So-Cal is doing? They are gearing up (pardon the pun) to become the "next" Von Dutch. It's a common corporate strategy to squash anything that might confuse the public before the full bore launch of the brand. They know that they will have to deal with parodies and rip off's later in the game so why not crush anyone that might already have a following before the brand is worth millions! A great example of this was with Morehouse Mustard (http://www.morehousefoods.com/) and French's Mustard (http://www.frenchs.net/)...when was the last time you ate Morehouse Mustard? French's crushed Morehouse for using a similar banner on their mustard...even though Morehouse's logo was around first! Does Parris Hilton have a So-Cal shirt yet? Maybe So-Cheap should beat'em to the punch!

Just my $3...no, i'm not paranoid of corporate amerika...wait...who said that?...oh no, here come the black helicopters to take me awaaaaaaay!

 

is there an echo....echo...echo...in here?

 

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Funny Ray should mention Walt Disney .. I have allways thought that Alex, Pierson-Bros & Dean Moon got their Logo and paint-sheem-ideas from looking at this little guy

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No, the paint scheme was stolen from a Race Plane the Granville brothers built.

The Gee Bee...

 

I've seen Jimmy Shine shirts pop on TV a couple different times, and the shows were not about cars...

 

First: I haven't seen so much potentially harmful free-legal-advice bullshit in one place in a long, long time. What is it about intellectual property law that makes everyone an expert?

Second: Since when has DrJ started trying to write like Germ?

--Matt

 

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sell me one of your shirts.

since i know Alex i'll go pick him up for lunch and walk into So-Cal wearing it. just to fuck with him and them. that would really piss everybody off. HAHA

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I have an XL So-Cheap shirt I'll send you for FREE if you do this.

But you have to report back to us with what he said... and maybe talk to Pete too... maybe get their opinions on all our opinions...

Send me a PM with your mailing addy...

Sam.

 

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VW did the same thing to the VW aftermarket several years ago. Aftermarket VW parts sellers could no longer use "VW" or their logo on their ads or product descriptions. Pick up a VW mag at the counter and look at their ads, it's really sad. Especially when VW doesnt even sell those products.

Corporate greed at it's best.

BOYCOTT SO-CAL!

[/ QUOTE ]I work for a VW parts company, in the UK this happened to us. VW America sent out cease and destroy orders to the UK. The laugh is they have no legal durastriction over us so there is sod all they can do.
Moon did this to a few years ago; (before they were bought out) again they tried but no durastriction.
Blatant rip off of such things as the MoonEyes sucks, but when it’s a piss take where’s the harm?
Also doesn’t this help So Cal, as these shirts bring more awareness to their brand?


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Hmmm do I smell bootleg So-Cheap shirts ripping off So-Cal shirts coming from across the pond?

Kinda like those big corporations that run their business from offshore locations.

I think that their (So-Cals) pockets are deeper than yours so I'd back off...at the last minute. Dump your inventory (including the 1,000 shirts that you just happened to order 20 minutes before the letter arrived) for donations (no profit) and go make up some that are a parody of our buddy Speedway Bill. You know Speedy Bill scares the hell out of me in that hat...he reminds me of that preacher guy in Poltergeist. "There Here!"

 

go to any teen stores selling clothing and you will see tons of parodys it happens all the time. Ya they will try to sort it out through the courts but unless its an official slap to the hand by a judge it doesn't mean anything.

 

So-Cheap, you do not have to hire a laywer to fight them in court, if your a half way intelligent guy, and you seem to be, you can represent yourself. THEY have to PROVE trademark infringment.

I'm not sure what the percentage is, YOU need to investigate, but as long as something that is trademarked is changed a certain percentage, it doesn't break any laws. This is how so many knock-off Harley bar and shield logos are used. Enough of the angles of the lines are changed to fall within the accepted percentage of change.

I'm no laywer but like someone else mentioned, if you broke a trademark law why did they not state the exact law?

If I were you, and since you posted this I'm assuming your asking for opinions, I would file YOUR current "So-Cheap" logo for trademark protection TODAY. If the US Trademark Dept (or whatever they are call) gives you the ok, then that must mean they see enough of the percentage of change and you haven't broken any laws.

I would not answer their letter in any way, shape or form. I would also move all of the products you have with the So-Cheap logo out of your residense plus all the paperwork involved to a safe place and wait till you hear back from the Trademark people. (I have no clue as to how long this might take).

Don't roll over and take this kind of treatment if your within your legal rights. First step is to find out if you are though.

(I LOVE for the edit function here )

 

I was just sitting on the throne reading an article in the June PLAYBOY magazine and it dawned on me, Change it to a rectangle!

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or
_________
/________/

Then they will have to send a new cease and De-Acne!

 

and you came up with a rectangle instead the shape of a tittie????

 

This needs to make it into a magazine so everyone can give So-Cal the cold shoulder. Stoner, are you out there? Zombie? Anyone?

What a fucking joke.

 

SO-CAL, I say screw them, I never liked them anyways!
Bunch of ol'farts. Yeah their ads are SO-Geared for the younger crowd, and in actuality they sell shit that only
SO-Gold Chainer's could afford. I say SO-Change your logo, it'll save you a bunch of SO-Headaches! I hope those faggots are reading this, I HATE YOU SO.CAL for invading TEXAS.. Their future looks grim! Oh yeah how could I get a SO-CHEAP shirt, cause I SO-Want one..

 

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Funny Ray should mention Walt Disney .. I have allways thought that Alex, Pierson-Bros & Dean Moon got their Logo and paint-sheem-ideas from looking at this little guy

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No, the paint scheme was stolen from a Race Plane the Granville brothers built.

The Gee Bee...



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Or maybe it wasn't.
I am a member of the general public, and therefore easely confused...