posted
It is not widely known that I hold the ORIGINAL copyright to the VON DUTCH FLYING EYEBALL. This ICON, given to me personally by Von Dutch in 1987, and legally copyrighted by me in 1993, has been used illegally by a certain clothing manufacturer that shall remain nameless here. I only wish that this multi-million dollar company would step up and do the 'right thing' and compensate myself and the VON DUTCH family. Im trying hard to NOT get the lawyers involved,.....but.......!
posted
Hey Bob, from what I can tell the clothing manufacturer is using the stylized lettering Kenny used as his signature "Von Dutch" I really haven't seen them use the eyeball. Also, the icon you copyrighted is a particular eyeball with wings, wouldnt I be able to copyright a different eyeball and different set of wings?
example... Mickey Mouse, certainly an Icon and definetly copyrighted, but without the suspenders and different ears, maybe a cute moustache, and he isnt Mickey anymore...
so whats the difference with the flying eyeball? if its the original artwork that Mr Howard gave you, then NO they cant use it, but if it is another eyeball shape with and say.... bat wings on it, drawn by Joe in the design dept. I would say that is Joe's design.
maybe used in conjunction with the name? I am not a lawyer, this might get fuzzy around the edges when copyright laws and case studies are outlined.
I personaly have put wings on many things on many different substrates and vehicles, even eyeballs, but never used it in conjuction with the name Von Dutch.
If I were you I WOULD talk to a lawyer on this.
-------------------- Ken McTague, Concept Signs 57 Bridge St. (route 107) Salem MA 01970 1-978-745-5800 conceptsign@yahoo.com http://www.pinheadlounge.com/CaptainKen
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"A wise man once said that, or was it a wise guy?" Posts: 2425 | From: Salem, MA | Registered: Apr 1999
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Ken: It's a complicated issue. Much too complicated to go into here. But I've contacted a copyright/trademark legal firm and they would fight it, but due to the tens of thousands it would cost plus the years of litigation, I'm trying to get the 'bad guys' to do the right thing FIRST. This company has made over 200 million bucks on the Von Dutch NAME (which they legally own) and the Flying Eyeball (which they DO NOT own)worldwide, and the legal owner and the Von Dutch family has not seen a dime from the use of the eyeball.
posted
Hey Bob, When was the last time you heard a good "David and Goliath" story? Don't try to do the right thing - you'll loose. If your ducks are in a row and they are in fact violating your copyright, you can be awarded "reasonable" attorney fees with any settlement.
Havin' fun,
Checkers
-------------------- a.k.a. Brian Born www.CheckersCustom.com Harrisburg, Pa Work Smart, Play Hard Posts: 3775 | From: Harrisburg, Pa. U.S.A. | Registered: Nov 1998
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I could see if they had actually used the original artwork and just duplicated, but other than that you have two objects, an eyeball and some wings. I'm not sure one could copyright putting the two together and have it hold up in court. That's like taking a frame and a wheel and then trying to copyright a bicycle. I've often heard of there being a 10% deviation rule when it came to logos and artwork. There's just too many verisons of an eyeball or wings let alone adding them together.
You'd probably have to have some pretty deep pockets to fight that one and I'm still not sure you'd get anywhere with it.
-------------------- Bruce Evans Crown Graphics Chino, CA graphics@westcoach.net Posts: 912 | From: Chino, CA | Registered: Nov 1998
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If they haven't stepped up to the plate by now, what makes you think they ever will? You have been hinting at a lawsuit for a number of years. It hasn't made them do a thing. Sorry, but they are calling your bluff.
-------------------- George Perkins Millington,TN. goatwell@bigriver.net
"I started out with nothing and still have most of it left"
"I could see if they had actually used the original artwork and just duplicated, but other than that you have two objects, an eyeball and some wings. I'm not sure one could copyright putting the two together and have it hold up in court."
Take into consideration the link you posted. It clearly connects the eyeball image to Dutch on that website. Very deliberate and very publicly.
Bob, I would copy that web page, call a lawyer and use that against them. It is a textbook example of flagrant copyright violation, and unless your lawyer got his degree from the bottom of a box of Captain Crunch, or your claim to the image is less that what you say, any judge would award you restitution for it.
The only way to get an out of court settlement is to get it IN COURT to begin with. Don't expect them to take the "threat" of legal action seriously unless you plan to make it a "promise". In this mater, there is a big difference between the two.
Rapid
[ June 12, 2007, 01:31 PM: Message edited by: Ray Rheaume ]
-------------------- Ray Rheaume Rapidfire Design 543 Brushwood Road North Haverhill, NH 03774 rapidfiredesign@hotmail.com 603-787-6803
I like my paint shaken, not stirred. Posts: 5648 | From: North Haverhill, New Hampshire | Registered: Apr 2003
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TO SAY THE LEAST, this is a VERY COMPLICATED issue. I've had lawyers on it for 3 years, and it all comes down to fighting a multi-million dollar company in FEDERAL COURT, a VERY EXPENSIVE proposition, not even mentioning the time involved waiting for MY DAY IN COURT! So, being "right" hardly means "squat" to us little guys. So, we've been flooding them with nasty emails in a measly attempt to be a "fly in the ointment" so as to generate some BAD PRESS in hopes that they'll fork over afew bucks, at least to DUTCH'S widow, who never made a dime on this stuff. All in all, George Perkins is right onthe money....SO FAR!
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Bob . . . ain't it kind'a funny how we all can hardly tolerate lawyers and how they are the butt of some really excellent lawyer jokes based on so much truth . . .
until we really need one . . .
and buddy you really need a one, a savvy one who will win the case and have the big corp payin' the extensive expense as well, including your time!! Let's hear it for lawyers at least once.
PS. Hope the great state of Arizona is still doing well!! Take care of it for me - ya cain't never tell where I might lite . . .
I just can NOT stand to have words spelled wrong . . . but you all understand . . . (nod your head)
[ June 12, 2007, 04:37 PM: Message edited by: Joseph Diaz ]
-------------------- Joe Diaz Diaz Sign Art 628 W. Lincoln Ave. Pontiac, IL 61764 www.diazsignart.com Posts: 538 | From: Pontiac, IL | Registered: Aug 2005
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posted
Then why don't you just start mass producing your own line of Flying Eyeball shirts and selling them on the street in front of a few Von Dutch stores?
That would get a whole lot more attention.
-------------------- Pat Whatley Montgomery, AL (334) 262-7446 office (334) 324-8465 cell Posts: 1306 | From: Wetumpka, AL USA | Registered: Mar 2001
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Bob, ya know Pat might have something here!
You're retired and got time on your hands, I know if I owned the Flying eye ball I would have had all kinds of memorabilia on the Internet and on the streets in Hollywood where the press loves those kinda things but I don't and you're not me. Granted Ken didn't get what he wanted and strange things happen sometimes as everyone cashed in cept'n you, well times they are a changin. I can't seem to forget the fact that his daughters sold out cheaply as many do, than come back with lame excuses because they hadn't any education in real life.
oh well
-------------------- HotLines Joey Madden - pinstriping since 1952 'Perfection, its what I look for and what I live for'
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If you're serious, send me copies of your documentation. I'll have my attorney draw up agreements for the transfer, paying you 70% of the damages I collect and I'll even arrange transfer of the rights back to you when it's done.
That reminds me of a case I read about a number of years ago. A company mass marketed t-shirts to guys named "Mike" and used the Nike logo but only changed the N to a M. Nike sued and lost in court. Not only that, they operated under the company name "Just do It Enterprises".
-------------------- Bruce Evans Crown Graphics Chino, CA graphics@westcoach.net Posts: 912 | From: Chino, CA | Registered: Nov 1998
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Or...find an attorney who will do it "Pro Bono" and make it right for him to kick some culo. With what you have it can be done. There's an attorney out there who would want some major attention. You need to contact the media and let them know what's really happening. If you wait, you be long gone and people still won't bat an eye about giving you a penny, forget about them coming to the plate. Seriously, make some phone calls to the TV stations, it's a numbers game, you contact enough people some one will listen to you and action will follow...
[ June 12, 2007, 09:42 PM: Message edited by: FranCisco Vargas ]
-------------------- aka:Cisco the "Traveling Millennium Sign Artist" http://www.franciscovargas.com Fresno, CA 93703 559 252-0935 "to live life, is to love life, a sign of no life, is a sign of no love"...Cisco 12'98 Posts: 3576 | From: Fresno, Ca, the great USA | Registered: Dec 1998
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I know the feeling of getting screwed Bob. My dad was a brilliant man with only a third grade education; he had to work on the family farm like all the rest of the 10 children. He invented the machine to make hook loop carpet (the most common kind), showed it to his boss, told him how it worked and gave him a sample. His boss told him it was interesting but didn't think it had any commercial value to it. The rest is history.
-------------------- 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
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Yeah yeah, Ricky... then he beat you bitterly with strips of carpet til one day one of your eyeballs popped out and flew away... so you're directly responsible for that concept too...
Uh-huh.
-------------------- Jon Jantz Snappysign.com jjantz21@gmail.com http://www.allcw.com Posts: 3395 | From: Atmore, AL | Registered: Nov 2005
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