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

Problem is as hot rodding catches on to middle America it becomes profitable, so the lawyer scums come out from under their rocks to collect some cash off the hobby. Just look at the whole Von Dutch thing.

If we use Von Dutch on a hat - the lawyers take the hat and give it back to a trucker
If we use Hot Rod on a shirt - The magazine will get us
If we use Rat Rod on a shirt - Disney will get us

If we use HAMB on a shirt - Ryan gives his blessing.

Gotta love the HAMB.

 

I would like a XXL please. If they are still available let me know.
Everyone has some very good points, both pro and con. I just think the whole thing is fuckin' stupid. One more reason for me to not purchase anything from So-Cal.

 

Americans just don't get the "piss take" thing do they? I mean really, how much damage is it going to do. I've got a So-Cal T-shirt and baseball cap, I've seen the So-Cheap and So-What logos, thought it was funny and didn't think about it again. Don't really see what the big deal is, except that lawyers bill their time in 6 minute blocks.

Wonder how many it took them to draft up that letter...

 

what everyone is saying is right! cut your loses. Beleive it or not the biggest 2 people to go after people for this type of thing was the Grateful dead & Spanky McFarland.The dead would have people outside there concerts shaking down bootleggers & Spanky would sue anyone who used the name "spanky or Spankys" on anything, bars , resturants, etc.
Its American business, it was a good run but you have to eat crow now.
I wouldn't do what they said, just stop what your doing & change the logo.
JimV
PS one other thing, you might be able to talk to Mickey at Total performance, they use a "blue oval" that says"Total peroformance" instead of "Ford"

 

McPhail is correct. It may not be right but it's the law.

 

I'l take a large...Hey, HEX was a law talkin guy up in NY. I'll forward the thread to him. I think it was corporate law too.

 

Same thing happened back in the early 90's with Chrysler, they were suing anybody that used the "MOPAR" moniker. They went after alot of car clubs using it and also the Magazine called MoPerformance. They had to get back all the issues that used that name. Maybe they think your implying something about their business. How can anybody confuse their company with yours, hell I never knew it existed till I came here . later plmczy

 

I don't think I have aver seen a copywrite or TM by there logo. Maybe you can try to get the So Cheap logo trade marked and then you can sue them.

 

This is your presidence and it wont stop here.Although I love so-cheap I truly am surprised it took this long .this is the beginning . . . . . . . . . . . .. . . . . . .

http://zdnet.com.com/2100-11_2-515542.html

 

I feel for ya So Cheap- but may be best to co-operate with the BASTARD PEOPLE[I mean so cal]OOPS!now I owe em......

 

I know the guy who restarted SoCal. He "borrowed" some of the product designs from me and some of the designs from a friend of mine. He is out of it so I don't think any new designs will be coming out of SoCal. It is just a big t-shirt co. now. Fads change.

 

I'd like to donate to your legal fund. I wear an XL.
Dan

 

They will ask for profits from sale or a portion of. You can expect it.

 

I guess this means I'd better call the printer and have him put a halt to having these made, huh?
Now, I GOTTA have a S0-Cheap shirt...size large please.

 

here's his trademark,


Word Mark SO-CAL SPEED SHOP EST. 1946
Goods and Services IC 025. US 022 039. G & S: clothing, namely, T-shirts, jackets, sweatshirts and headwear. FIRST USE: 19971122. FIRST USE IN COMMERCE: 19971122
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 260302
Serial Number 76437822
Filing Date August 5, 2002
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition December 2, 2003
Registration Number 2816245
Registration Date February 24, 2004
Owner (REGISTRANT) Xydias, Alex B. DBA SO-CAL Speed Shop INDIVIDUAL UNITED STATES 9960 Milburn Drive Sun Valley CALIFORNIA 91352
Attorney of Record Stephen P. Demm
Prior Registrations 2327774
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "EST. 1946" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL-2(F)
Live/Dead Indicator LIVE

 

Without that second oval, he ain't got no stinkin' case!!!

FUCK 'EM!!!

First off, I'll never use So-Cal products.
Second, are they going to spent that kind of dough fighting this? Call YOUR lawyer when they actually take you to court... DON"T spend a nickle till they do more than send a letter.

It doesn't cost shit to have a lawyer send a letter, but it costs a fuck-load to actually go to court.

Not to mention the LOST REVENUE from real hotrodders who can SHOP ELSEWHERE.

Either that, or about 500 of us can start selling shirts that have SO- on them.

Besides, yours has SO, meaning to a certain degree...
Theirs has SO, meaning South.
Any fool can tell the difference...
If you fight it, you'll win...

SO-JOE

 

Hey, klazsurfer, you're on the right track. Dean Moon hired a Disney artist to clean up the origional "eyeballs" design, I think he might have gotten the slanting ovals from the buttons on Mickey's pants...

 

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!

 

90% of what lawyers get they get from the threats and intimidation, not from a judge. I would shut down the sales till you get things sorted out with Alex & co. but that friggin lawyer doesn't have any more right to your financial information at this point than I do. He's just hoping you're stupid and scaired enough to open the door and let him in.

If parody is illegal, then Jay Leno's going to be out of business and so is every political cartoonist in the country.

 

probably not what you want to hear but the two logos share design similarities. To simply ignore the letter would be ignorant and if this action goes further would come back to haunt you. As far as all the accounting that was asked to be provided, I believe only a judge could issue that demand. It seems that they are asking you to do their homework for them.

 

here are some options;

A. get a lawyer. fight them. all you'll get out of that is an empty bank acount.

B. bombard them with e-mails from HAMBers who are displeased with there decision to do this to you.

C. create a new logo and name for your buisiness.

there are lots of very tallented graphic artist and creative minds on the HAMB. maybe someone could help you create a new logo and name thats better than the one you have now.

i think it sucks that they've decided to do this to you. i don't think your shirts are really going to hurt thier buisiness at all, but, when you look at both logos it pretty obvious where yours came from.

 

When it comes right down to it - you ripped them off. You sat down with the So-Cal web site or a tee shirt and designed your logo just like what you saw.

It would be like selling software called MicroSlop Winders.

You were begging to have a laywer knock on your door.

I know it's harsh, but stop whining and fix it.

 

[ QUOTE ]
McPhail is correct. It may not be right but it's the law.

[/ QUOTE ]

This sort of defeatest attitude is makin america weak...

FIGHT the law!!!!

 

Don't fight the law, exploit the weaknesses of the law - much easier and still legal!

 

[ QUOTE ]
This sort of defeatest attitude is makin america weak...

FIGHT the law!!!!


[/ QUOTE ]

stealing someones concept is "making America weak"? How did you come up with that? The trademark and patent laws are designed so you can hold on to your idea or concept without anyone else capitalizing on it. Some of the comments to this post are past ridiculous, "fuck 'em, ignore it, don't do anything, how can they do that, the design isnt similar", makes me wonder about some of your rationalization skills. Lawyers thrive on that type of naive behavior. Just the other day someone posted about some artist on here who's image was obviously pirated but changed slightly and you same bunch were up in arms about it. If someone other than Ryan started selling H.A.M.B. whatever you guys would form a lynch mob. Stop thinking emotionally for a minute and consider the facts. Trademark laws are STRONG and taken very seriously and thats what the lawyer has in his favor.

 

Your logo is obviously deriviative as parody. That's the POINT. I think if you had gotten permission from them first you would be ok. You should probably speak with a copyright attorney and seek out your options. Also be aware that they found you, so you can bet they are monitoring the HAMB. You have a link to the HAMB on the so cheap site. Don't say anything that can be used against you. You might want to read over what you've said thus far.

With that said, personally I think it sucks they are going after you but with the amount of money moving through their doors, I'm not suprised. Note their copyright date is for 1997 forward for Tshirt use. If you have receipts from product prior to 1997, then that is in your favor.

Don't give them anything until you speak with a copyright attorney! It sucks, but you have no choice.

I don't think you were hurting them financially and only a complete idiot can overlook that it is a parody. Your website ensured you would get caught eventually.

 

Burn you records, It didn't help ENRON or NIXON but they have a hard time proving anything. And now that you are a icon in the T-shirt industry I need 2 Autographed X-Large
where do I send the check or do you take visa

You won't win but you can cost them alot of cash that they will never collect. sell as much as you can then change your name to Coyd Boddington

 

Do you remember when all those stoner/druggy Ts were out that parodied famous products like cereals and candy bars? There were thousands of them and a friend of mine made a ton of money off them. They were PARODIES, Clark's product is a parody. Parodies are legally protected.
Right now there are probably hundreds of designs out there poking fun at Von Vutch and West Coast Choppers, these guys better be sending out cease and desists by the bushel.
Anyone that cannot see the difference between a ripoff and a parody in this situation is blind.

Having said that SoCal has the moneypower to make your life miserable Clark, you can try to fight it on principle and I think you would win, but it could cost you dearly.

I'm on SoCheap's side on this one.

 

I am not a legal expert but look at the dates that they used in their filling. if you have any kind of proof , a picture with a dated item in the back ground ect. , that would prove that yours was in use befoe their filling.
this is just f**king low life lawyers, who could not hold any kind of job elsewhere, looking for their money taken from hard working people.

 

[ QUOTE ]
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?