Showing posts with label counter notice. Show all posts
Showing posts with label counter notice. Show all posts

Wednesday, October 7, 2009

Marvel

Well here we are almost a month later and I JUST finally (yesterday) got a response from one Gregory Pan at Marvel Entertainment. This was only after I sat for many hours emailing him non stop for hours on end.
First he tried the " Please have your attorney contact me and I will gladly speak to him or her." I then informed him that I am my attorney. Then sent another email as follows:
Mr. Pan,
"I am my attorney and if you are ready and willing to speak to an attorney then you should be ready and willing to speak to me. I want this resolved as soon as possible. I'm sure the courts are not going to like seeing how you shirk your responsibilities. You have received approximately 500 emails from me in less than a month, yet you do not respond until today when I keep sending non stop.
This needs resolved now. "

To which he responded with:
"Unless you follow the correct procedures to responding to Marvel's notice, Marvel has no obligations to respond.

Marvel reserves the right to take whatever remedies are available to it at law and in equity, and shall do whatever best protects its interests. Nothing in this letter shall be construed as a waiver or relinquishment of any rights or remedies available to Marvel. "

My response to that was:
"I followed the procedures set forth by esty in responding to Marvel's notice. I did what I was supposed to do, you however chose to ignore all of my correspondence until today with the excuse that "Marvel has no obligation to respond."
"Marvel reserves the right to take whatever remedies are available to it at law and in equity, and shall do whatever best protects its interests."
I would like to see said laws and equity. What interests exactly are you protecting? If you read any of my hundreds of emails, you would see that you have nothing to protect.

Next email from Mr. Pan simply says "please send me the counter-notice that you sent to etsy." So, I sent him the counter notice as well as the original email from etsy (my infringement notice).
I then hear nothing from him again until I send him an email asking if I should go forward with my lawsuit. Actually he wouldn't answer that one, so I sent another that said "I will take that as a yes, it is prepared and will be filed by this weekend."
To which he responded: "Marvel reaffirms our stance that our actions were within our rights and believes that your claims do not have any merit. You should proceed as you see fit."

How after over 500 emails does he think my claims have no merit? I sent him cases and judgements. Oh, that's right he probably ignored all of those emails as well. I'm sure the courts will love how he has (not) handled things on his end. Any moron can look up the same things that I sent him and see that they (Marvel)have no merit. I sure hope Disney has a much better attorney on their side...

Federal court here we come!!!








Wednesday, September 16, 2009

Infringement notice post #3

So today is now Wednesday and I have emailed the letter to Mr Pan twice with no response from him. I am now in the process of filing a counter notice with the website that removed my product. I think it's pretty nasty that said website cannot and will not stand up for the little person. They have their "legal guidelines" and could care less about anything except making the almighty dollar. Well, I suggest they wake up, because when my friends and I are through turning everyone in for "infringement" on that website, they won't have much of a selling venue left. I was turned in by someone just for spite and I don't think that is fair either. (Guess maybe they are jealous of my work and my sales? LOL) Now I have to jump through hoops to try to get my item reinstated in my shop. The shop I have to pay money to list my products in. I'm sure the website isn't going to refund my listing fees either as menial as they are.
Anyway, counter notice is in the works but I'm sure everyone is going to drag their feet in getting the paperwork to the correct people. Who knows, this may just end up in court. I am willing to go that far. Like the letter said, "fabric is sold, not licenced". And I will make sure everyone knows it.

P.S. A counter notice is basically a dispute. My dispute is that they had no right to pull my product.