g6civcx
06-08-2010, 09:07 AM
Mods, with all due respect, I am referencing this thread: http://zilvia.net/f/interior-exterior/325865-only-2-left-different-vertex-ridge-widebody-885-shipped.html#post3484044
I have been practising Intellectual Property law for more than five (5) years now. I am admitted to practise in the US, and I serve an an expert witness for the US government in many cases.
Like we were discussing in the other threads, I don't want to get into an in depth debate, but this is how it goes.
In order for you to be a "knock-off", you have to be stealing something that belongs to someone else. You can't steal something that belongs to the public domain.
Example of "knock-off":
A vendor selling anything automobile related, including seats, with the word "Bride" without licensing from Tee's Corp.
This is considered theft because Tee's Corp owns the trademark "Bride":
Word Mark BRIDE
Goods and Services IC 012. US 019 021 023 031 035 044. G & S: Parts and fittings of automobiles, namely, automobile seats
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 79009734
Filing Date December 20, 2004
Current Filing Basis 66A
Original Filing Basis 66A
Published for Opposition July 4, 2006
Registration Number 3194317
International Registration Number 0845923
Registration Date January 2, 2007
Owner (REGISTRANT) TEE'S CORPORATION CORPORATION JAPAN 1-11-1, Tokai-machi Tokai-city; Aichi 476-0015 JAPAN
Attorney of Record REINA KAKIMOTO
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
Non-Example of "knock-off":
I don't want to single them out, and I use this as an example only.
The vendor sells a body kit called "Vertex Ridge".
This is not a "knock-off" because there is no intellectual property related to the phrase "Vertex Ridge". As far as I know, there isn't even a company called "Vertex USA". The parent company Car Make T&E is a Japanese company and I don't even know if they're registered to do business in the US.
I can't even license my product from Car Make T&E because T&E doesn't actually own any trademark. They have nothing for me to license.
We can discuss this more in depth if needed, but there is nothing for me to steal if T&E doesn't actually own the phrase I'm using.
This post: http://zilvia.net/f/interior-exterior/325865-only-2-left-different-vertex-ridge-widebody-885-shipped.html#post3484044
The problem for Zilvia: the site owner may actually be found an accessory or even liable if you let one vendor defame another with your explicit knowledge.
I understand you don't want to be an accessory to infringement, but you also don't want to be an accessory to defamation.
You know I clearly support dealing with real knockoff companies; if there were an unlicensed Bride vendor I'd be the first one to tell you to deal with it.
In this case; however, Vertex USA (if such a legal entity exists) has not shown that there is any infringement. If you guys let it go further Chaser may actually have a case against both Vertex USA and Zilvia for defamation, libel, slander, etc.
If you have any specific questions about IP please feel free to ask me. I'll ask some of the civil/criminal attorneys to comment and see how they feel.
I have been practising Intellectual Property law for more than five (5) years now. I am admitted to practise in the US, and I serve an an expert witness for the US government in many cases.
Like we were discussing in the other threads, I don't want to get into an in depth debate, but this is how it goes.
In order for you to be a "knock-off", you have to be stealing something that belongs to someone else. You can't steal something that belongs to the public domain.
Example of "knock-off":
A vendor selling anything automobile related, including seats, with the word "Bride" without licensing from Tee's Corp.
This is considered theft because Tee's Corp owns the trademark "Bride":
Word Mark BRIDE
Goods and Services IC 012. US 019 021 023 031 035 044. G & S: Parts and fittings of automobiles, namely, automobile seats
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 79009734
Filing Date December 20, 2004
Current Filing Basis 66A
Original Filing Basis 66A
Published for Opposition July 4, 2006
Registration Number 3194317
International Registration Number 0845923
Registration Date January 2, 2007
Owner (REGISTRANT) TEE'S CORPORATION CORPORATION JAPAN 1-11-1, Tokai-machi Tokai-city; Aichi 476-0015 JAPAN
Attorney of Record REINA KAKIMOTO
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
Non-Example of "knock-off":
I don't want to single them out, and I use this as an example only.
The vendor sells a body kit called "Vertex Ridge".
This is not a "knock-off" because there is no intellectual property related to the phrase "Vertex Ridge". As far as I know, there isn't even a company called "Vertex USA". The parent company Car Make T&E is a Japanese company and I don't even know if they're registered to do business in the US.
I can't even license my product from Car Make T&E because T&E doesn't actually own any trademark. They have nothing for me to license.
We can discuss this more in depth if needed, but there is nothing for me to steal if T&E doesn't actually own the phrase I'm using.
This post: http://zilvia.net/f/interior-exterior/325865-only-2-left-different-vertex-ridge-widebody-885-shipped.html#post3484044
The problem for Zilvia: the site owner may actually be found an accessory or even liable if you let one vendor defame another with your explicit knowledge.
I understand you don't want to be an accessory to infringement, but you also don't want to be an accessory to defamation.
You know I clearly support dealing with real knockoff companies; if there were an unlicensed Bride vendor I'd be the first one to tell you to deal with it.
In this case; however, Vertex USA (if such a legal entity exists) has not shown that there is any infringement. If you guys let it go further Chaser may actually have a case against both Vertex USA and Zilvia for defamation, libel, slander, etc.
If you have any specific questions about IP please feel free to ask me. I'll ask some of the civil/criminal attorneys to comment and see how they feel.