Thursday, September 10, 2009

Infringement Notice

Here is what happened:
1) A notice was received from Gregory Pan (gpan@marvel.com), Contracts Manager of Marvel Entertainment, Inc. According to the notice Marvel Entertainment, Inc., and its related subsidiaries, is the owner of the copyrights, trademarks and other intellectual property rights in the Spider-Man, Iron Man, X-Men, Captain America, Avengers, Fantastic Four and Hulk characters as well as over 5,000 other popular characters. According to the notice certain material is not authorized.

2) The notice drew attention to 1 listing(s) in my shop.
3) The letter stated that these listing(s) incorporate designs or symbols or language or images or photographs that infringe upon the concerned party's copyright or other intellectual property right.
4) The listing(s)was removed.


Here is my response to Mr. Pan:

Dear Mr. Pan,

I do find this quite humorous as I HAVE already spoken with a lawyer about this such issue. I was told " As long as I am not making a living from the things I make with the fabric or making millions with the fabric, I CAN DO WITH IT WHAT I WANT." I bought and paid for the fabric, it is MINE to do with what I wish. I do wish however that I were making millions, then I wouldn't have to resort to justifying myself or my products. I WILL contact my lawyer again tomorrow and I will see if things have changed in a year, which I'm sure they haven't.

What exactly are we supposed to do with the fabric after we purchase it? Do you not think it is advertising for you? You got your money when I bought the fabric.

Do you really think I am going to get rich at $2.50 a bag? IF I am lucky, I might sell 1 bag a month. I can't even tell you how old the fabric is. I cannot believe you don't have better things to do than to pick on people who are just trying to make a couple of extra dollars, especially now days!!
I would also be very interested in seeing this list of over 5,000 characters that you "have rights" to.
I cannot wait to copy all of this nonsense and put it on my blog.
What exactly am I infringing on? Please do tell.



I want to thank whoever turned me in as you are just making my point very clear. When something is purchased it is YOURS to do with what you want. Is George Foreman going to come after me because I am selling his grill on Craigslist? I think not. George already got HIS money when the grill was purchased from Wal Mart. Stephen King could care less if I buy or sell his books at my garage sale or on Amazon as they are MY property to do with what I choose.
Again, I am NOT going to lay down and take this. I will be calling my attorney in the morning as these are the kinds of things he is getting paid for. Yet I am accused of just stirring up trouble to "take on the big companies". BITE ME, I DID NOT START THIS!
As for the Negative Nellie that I KNOW will HAVE to put their 2 cents worth in here, go ahead, I have decided I am NOT wasting any more of my time justifying myself to you. I will no longer acknowledge your posts, as a matter of fact, I will be deleting them as soon as they come in. Why don't you waste your time by turning in the thousands of others that are "infringing" that should make you feel just fabulous!!

4 comments:

  1. Wow! I had to laugh about the George Foreman grill and Walmart! You crack me up!

    I just did a search on etsy and see that there are 246 items for "Spiderman".

    I'll be interested to see what else happens here.

    ReplyDelete