posted
For those of you who may remember a post from several months ago, I had to file suit against a person for stealing my artwork in a very flagrant manner - I'm generally a pretty mellow guy, but this kind of stuff really sticks in my craw and today was finally my day in court.
My wife, Peggy, attended as my counsel (she's the only one with any sense around here and doesn't charge for good advice) and the defendant, who shall remain nameless for Barb and Steve's sake, brought a lawyer and two witnesses with her (the witnesses never testified and I have no idea why they were even there - but they both had incredibly shiny shoes)
I presented my side of the case and felt comfortable that no matter what I said, the pictures and other documentation would speak for themselves. Apparently they did, because Peggy said later that the defendant's lawyer seemed somewhat overwhelmed by my presentation and after a half-assed explanation of his client's actions, we adjourned to a mediation room where they offered a settlement.
My first inclination was to bring it back to the judge and go the distance, but my better half (the one with good sense) convinced me to call it a night, take the money, and have a good laugh over how much this sign ultimately cost the defendant.
So here's one for Letterville and anyone who's ever been screwed by people who just don't get it. That's a check in my right hand (I smudged out the names in Photoshop, Steve) and a glass of victory champagne in the other.
CHEERS
-------------------- www.signcreations.net Sonny Franks Lilburn, GA 770-923-9933 Posts: 4115 | From: Lilburn, GA USA | Registered: Feb 1999
| IP: Logged |
posted
Congratulations Sonny- would you give us an update on the gist of the problem please- (I'm a bit lazy to go searching!)
Happy endings are always nice!
-------------------- "Stewey" on chat
"...there are no limits when you aim for perfection..." Jonathan Livingston Seagull Posts: 7014 | From: Highgrove via Toowoomba, Queensland, Australia | Registered: Dec 2002
| IP: Logged |
posted
Sure Ian. As always, the names are changed to protect Letterville from us litigious Americans.
Long story short - I did some artwork for a sign and didn't get a deposit or signed contract (yes, I know better, but there were some extenuating circumstances - mostly stupidity) Anyway, the defendant - that sounds so legal, let's just call her "Major B" - didn't like my price and took the design shopping. When an exact replica of my design showed up on her building, I sent her an invoice for the artwork. She hired a lawyer who mailed what I considered an insulting letter to scare me off - that only increased my resolve and I filed suit in small claims court.
This incident happened in late October and it's consumed way more emotional energy than I should have allowed, but sometimes my left brain doesn't get through the fog of what Peggy calls my "little art brain". (It's tough living with someone who knows you too well)
So, between paying for the first plagiarized sign, the subsequent changed second sign, her lawyer's fees, and my settlement cost, "Major B" ended up spending quite a bundle for, at best, a mediocre sign.
Chalk one up for Kharma.............
-------------------- www.signcreations.net Sonny Franks Lilburn, GA 770-923-9933 Posts: 4115 | From: Lilburn, GA USA | Registered: Feb 1999
| IP: Logged |
posted
Congratulations Sonny! Glad you had Peggy along as your counsel. Makes you feel good when justice prevails! Judy
-------------------- Judy Pate Signs By Judy Albany, Georgia USA 229-435-6824
Live simply...Love generously...Care deeply...Speak kindly...Leave the rest to God. Posts: 2621 | From: Albany,GA,USA | Registered: Nov 1998
| IP: Logged |
posted
Congratulations. It looks like justice was done.
-------------------- David Fisher D.A. & P.M. Fisher Services Brisbane Australia da_pmf@yahoo.com Trying out a new tag: "Parents are the bones on which children cut their teeth Peter Ustinov Posts: 1450 | From: Brisbane Queensland Australia | Registered: Nov 1998
| IP: Logged |
posted
I remember the story well, Sonny. I am very pleased that justice prevalied. You did the right thing, and you came out on top. It is so nice to see some goodness (and kharma!) some out of a bad experience. What comes around goes around! This is a happy day for anyone who has been in a similar situation. It also sends the message to others who are potentially facing the same problem to stand up for themselves. And it taught Major B the true value of a good design. Love....Jill
Posts: 8834 | From: Butler, PA, USA | Registered: Jan 2001
| IP: Logged |
posted
Before you cash that cheque, I'd go down to Staples and get the largest photo copy of it that'a available. Mount that onto a display board, with the heading " We Don't Fool Around". A short explaination that this cheque is the result of an out-of-court settlement for a design that was plagerized from us.
Keep that prominently displayed, and that should deter anyone from even thinking about screwing you over in any future dealings.
-------------------- Ken Henry Henry & Henry Signs London, Ontario Canada (519) 439-1881 e-mail: kjmlhenry@rogers.com
Why do I get all those on-line offers to sell me Viagara, when the only thing hardening is my arteries ? Posts: 2684 | From: London,Ontario, Canada | Registered: Feb 1999
| IP: Logged |
DrCAS Custom Lettering and Design Saint Cloud, Minnesota
"Things work out best for the people who make the best of the way things work out." - Art Linkletter Posts: 6451 | From: Saint Cloud, Minnesota | Registered: Jun 1999
| IP: Logged |
posted
Proud of you Sonny!!!!!!!...........If it had been a Doctor in your shoes...or any other "Professional" then "Major B" would not have a problem with paying up....... As far as I am concerned our talent and time is worth as much as any other "Professional" And we should be just compensated.......
I have won a couple of cases...for this same reason.
Shep'
-------------------- Arvil Shep' Shepherd Art by Shep' -------- " Those who dance are thought to be mad by those who cannot hear the music " Posts: 1281 | From: Mt Airy NC | Registered: Mar 2001
| IP: Logged |
posted
Way to go Sonny. You will be the example to many here that have thought twice about taking a customer to court. I'm glad to see that justice prevails if we hold others accountable for copyright infringement.
[ March 10, 2006, 12:10 PM: Message edited by: Laura Butler ]
-------------------- Laura Butler Vision Graphics & Sign 4479 Welch Rd Attica, Mi 48412 Posts: 2855 | From: Attica, Mi, USA | Registered: Nov 2000
| IP: Logged |
posted
WooHoo! I'm thrilled for ya Sonny. In addition to the large check idea Ken had, I'd suggest making a copy of the court documents & hang them somewhere you can see. It'll be a great deterant the next time you think about blowing off the design charge.
-------------------- Chris Welker Wildfire Signs Indiana, Pa Posts: 4254 | From: Indiana, PA | Registered: Mar 2001
| IP: Logged |
posted
Thanks, y'all - I'm on my way to the bank to cash the check - doubt I'll frame a copy, though. I'm just glad to get this over with so I can move on to fully concentrate on the Dixie Meet, which, by the way, (insert shameless plug here) will be different from any you've ever attended - we just hope that's a GOOD thing.
As for legal advice, my personal barrister Peggy, will be available for consultation later - she's out chasing an ambulance right now...........
-------------------- www.signcreations.net Sonny Franks Lilburn, GA 770-923-9933 Posts: 4115 | From: Lilburn, GA USA | Registered: Feb 1999
| IP: Logged |
posted
Id have to say considering the source the check came from, you better make sure it doesnt' bounce on you!
Glad to see you won Sonny. I've been to small claims court once in my 32 year career and also won. However I never did get paid in full. The guy was suppose to pay me back in installments. I got one or two checks and then he dissapeared for good.
I'd rather have gotten the money than have won on principle.
-------------------- Bob Stephens Skywatch Signs Zephyrhills, FL
Hey, if the check bounces . . . that'll be another 30 bux for her to spend!!!! Send it thru immediately every single time it comes back Sonny!!! LOLOLOL
If she stops payment . . . Back to court. It'll be the same difference and the judge will really 'put it to 'er' then!! LOLOLOL
(btw, when I get a 'questionable' check, I take it to the bank it's drawn-on to cash it, then go deposit the CASH in my account.
posted
Way to go Sonny!!! I love it when the good guys win. How bout a sign sort of like on the gas pumps?
-------------------- Ricky Jackson Signs Now 614 Russell Parkway Warner Robins, GA (478) 923-7722 signpimp50@hotmail.com
"If I have seen further it is by standing on the shoulders of giants." Sir Issac Newton Posts: 3528 | From: Warner Robins, GA | Registered: Oct 2004
| IP: Logged |
posted
I'm glad you went after this, and would bet you are too. Unpleasant as these things are, they're inevitable, and they will have an outcome that you will never forget. If you had surrendered without a fight, you wouldn't forget that. But instead, you'll remember success.
It isn't only the scumbag cheats that sometimes amaze me. It's the bad judgement some of them have about choosing their victims. Coyotes are smart: they go after the sheep and leave the buffalos alone.
-------------------- Bruce Williams Lexington KY Posts: 945 | From: Lexington, KY, USA | Registered: Mar 1999
| IP: Logged |
posted
GOOD !!! Lets just say I'm proud of you for taking the step in the right direction. How many times has this happened to find out people let it go because they don't beleive it will work.
I did this twice before and won both times (small claims in Canada). The courts don't laugh with this and will easily allow 10-15% of total cost of job toward design alone.
-------------------- John Arnott El Cajon CA 619 596-9989 signgraphics1@aol.com http://www.signgraphics1.com Posts: 1443 | From: El Cajon CA usa | Registered: Dec 1998
| IP: Logged |
posted
Great to hear this outcome Sonny, you absolutely deserve it. I remember your original post and there was steam coming out of my ears. Savor your bubbly and success!
-------------------- Dawn Ellis Signs by Dawn Long Beach, CA signsbydawn@aol.com
Trust yourself. Listen to the voice within. It is always right. Posts: 456 | From: Long Beach, California | Registered: Jan 2003
| IP: Logged |
posted
Good one, Sonny, I have been there, and done that, It ain't easy in Texas to get anything out of a deadbeat. But it can be done. Bill
-------------------- Bill & Barbara Biggs Art's Sign Service, Inc. Clute, Texas, USA Home of The Great Texas Mosquito Festival Proud 10 year Supporter of the Letterheads Website www.artssigns.com "MrBill-" on the chat page MailTo:biggsbb@sbcglobal.net Posts: 1020 | From: Lake Jackson,Tx | Registered: Nov 1998
| IP: Logged |
posted
Sonny, you and Peggy deserve a little honeymoon! Will the check fit in the opague projector? That would be a great interior mural of doing the right thing when necessary! (stay off those high roofs, baby).
-------------------- Deb Fowler
"It's kind of fun to do the impossible - Walt Disney (1901-1966) Posts: 5373 | From: Loves Park, Illinois | Registered: Aug 1999
| IP: Logged |
posted
Awesome Sonny! Perry Mason never had it so good!
-------------------- Maker of fine signs and other creative stuff. Located at 109 N. Cumberland ave. Harlan, Ky. 40831 606-837-0242 Posts: 4172 | From: Ages-Brookside, Ky. Up the Holler... | Registered: Jul 1999
| IP: Logged |
quote:and it's consumed way more emotional energy than I should have allowed
It sure is draining isn't it!
Best wishes!
-------------------- "Stewey" on chat
"...there are no limits when you aim for perfection..." Jonathan Livingston Seagull Posts: 7014 | From: Highgrove via Toowoomba, Queensland, Australia | Registered: Dec 2002
| IP: Logged |
posted
Glad you saw it through and it worked out for you. It sure is nice to have good council at your side...and it's a bonus when ya can give 'em a big 'ol hug and kiss instead of just shaking their hand.
quote:Originally posted by Ken Henry: Before you cash that cheque, I'd go down to Staples and get the largest photo copy of it that'a available. Mount that onto a display board, with the heading " We Don't Fool Around". A short explaination that this cheque is the result of an out-of-court settlement for a design that was plagerized from us.
Keep that prominently displayed, and that should deter anyone from even thinking about screwing you over in any future dealings.
That about says it all Ken. I just love these stories, please keep them coming!!
-------------------- Drane Signs Sunshine Coast Nambour, Qld. dranesigns@bigpond.com Downunder "To err is human, but to really foul things up requires a computer" Posts: 965 | From: Nambour, Qld. Australia | Registered: Nov 1998
| IP: Logged |
posted
That is GREAT Sonny. I'm sure it was because those guys were scared of Peggy right. They could just look at her and tell they didn't stand a chance. I would loved to have been there to hear you go after them. You look good in a tie. Is it yours or did you borrow one for the occasion. You don't seem the type to wear one very often.
Now get to work on the meet. Call me if you need anything.
posted
Karyn, you somehow are able to capture my emotions in an elegantly subtle way.
Kathy, couldn't let this one "slide". BTW, where ya been lately?
Donald, Peggy just gave them the "evil eye" and, along with my $5 Wal-Mart tie, they didn't stand a chance.
Thanks to all for your support - this only happens about once every 10 years, so in a way, it's fun to have something to get riled about - kinda keeps the blood flowing.
I didn't make enough on the settlement to retire, but it did manage to cover dinner and a Marcia Ball concert Saturday night with a few bucks left over. The music never sounded better.
-------------------- www.signcreations.net Sonny Franks Lilburn, GA 770-923-9933 Posts: 4115 | From: Lilburn, GA USA | Registered: Feb 1999
| IP: Logged |
![[Rolling On The Floor]](graemlins/rolf.gif)
![[Applause]](graemlins/applause.gif)
![[Razz]](tongue.gif)
![[Wink]](wink.gif)
Printer-friendly view of this topic