Seriously?!

[RogueUSMC]

This may be in the wrong area of the forum. If so, feel free to move it mods. I just need to vent...

I play with graphics and such and have for a lot of years. A while back, a friend asked me to make him a sticker of an AR bolt face. I set down and played with it and came up with one he liked.

I figured, "hey, lemme throw this on ebay and see how it does." It has actually done really well. I sell 1-2 a week actually. It has done it's fair share to fund my rifle build.

This morning, I get an email from ebay saying the listing was taken down for copyright infringement...

The people who own this logo...

...claimed copyright infringement. I called ebay and was told that, being as it was a legal request, I would have to get with them about it.

So, it looks like I will be at their mercy as to whether I will be allowed to sell my work on ebay...

[RoyGBiv]

Just because you made it from scratch doesn't mean that someone else didn't make it from scratch first, and then register the trademark.

Sorry about that Boss... I've had to wrestle a few similar alligators.
You might want to check out the trademark database and confirm whether it's registered.
If not, they can pound sand.

I don't suppose it's enough of an asset to hire a lawyer? Not sure of the technicalities about using "part" of a registered mark or what tweaks you'd need to make to avoid infringing. Even if you tweak it to be more clearly non-infringing, they can still jam you up with eBay and in the legal process.

http://www.uspto.gov/trademarks-applica ... k-database" onclick="window.open(this.href);return false;

Bummer!

[RogueUSMC]

lol...I make maybe $6 a week off of it...lol

The two are as far apart as can be and still look like an AR bolt face. Personally, I think mine looks more like the real thing than theirs does! I am waiting on their reply to my e-mail. I think it stemmed from one of my ebay customers posted a link to my sticker on their forum.

They took the listing down AND removed all sales from that listing in my stats too!

[RogueUSMC]

http://tmsearch.uspto.gov/bin/showfield ... ji25o7.2.1
I am seeing words like 'dead' and 'abandoned' when I find them in the trademark database...

[ShootDontTalk]

Would you think that a letter, copied to ARFcom, to Colt informing them of the fact that ARFcom had infringed on the patent drawings of the bolt head for the AR-15? Probably not worth it, even if it was legally relevant.

[RogueUSMC]

The letter idea might be a consideration. As for legal action, I don't make enough off of these stickers to make it worth it. I WILL, however, tell everyone that will listen, using any medium I can manipulate what they did to me. They are based in Forney I think and they have a large booth out at First Monday. I may just pay them a visit and have a chat...lol.

[The Wall]

It might hold up with eBay but I doubt it would hold up in court. Theirs is a logo for a website and yours is just a decal. You're not infringing on their domain name. I guess everyone that use a picture or drawing of an AR-15 are infringing on copyright. Just put one of these on it ©. Let them prove otherwise.

[RoyGBiv]

The letter idea might be a consideration. As for legal action, I don't make enough off of these stickers to make it worth it. I WILL, however, tell everyone that will listen, using any medium I can manipulate what they did to me. They are based in Forney I think and they have a large booth out at First Monday. I may just pay them a visit and have a chat...lol.

Didn't consider that... Might be worth having a chat with them and seeing if they are interested in being reasonable. If I owned ARFcom I might be chapped if someone was posting links to your sticker on my forum when I'm selling a similar sticker on the next page.

I forget what the rules are regarding infringement in a case like this. It's been 15 years since I had to be concerned about this stuff for work.

The link you posted to TESS expired. I guess it was referencing a temporary database search result?.. so... not sure what that was..

[RogueUSMC]

lol...I am cooling down now. It really agitated me.

If they 'stick to their guns' and refuse to let me sell my work, they will win...but they aren't gonna get off for free.

Thank you guys for letting me vent.

[txcharvel]

Those actually look really cool. You can't sell 'em on Ebay, but I'll take 2 of them. Seriously, I can paypal you funds

[KC5AV]

As soon as I saw your image, I knew what was coming.
Bummer.

[The Wall]

How big are they? Hard to tell from the photo. I would also take a couple via PayPal. Maybe you could post them in the WTS section of forum. I haven't read the rules on that so you might want to do that first or PM a moderator.

[RogueUSMC]

Those actually look really cool. You can't sell 'em on Ebay, but I'll take 2 of them. Seriously, I can paypal you funds

lol...I can get y'all some. Y'all get the 'forum discount'...lol.

Message me addresses and how big ya want them. I don't know what is acceptable as far as selling. I haven't advertised anything because I wasn't absolutely sure what was acceptable on this forum and what wasn't. Mods, feel free to let me know if I have crossed any boundaries.

If anyone has any ideas for something 'one-off' that they want, message me and we can get it done. I just like playing with this stuff.

*edit* I am leaving tonight and will be out of town until the 23rd. A reunion with some Gulf War buddies in Vegas...should be fun. But I will be out of pocket for the next week.

[Dreamer42]

I have one on my car. I have to explain it to friends who ask why I have a gear sticker on my glass. One of those "If I have to explain it to you then you don't really need to know" kind of things.

[android]

Would you think that a letter, copied to ARFcom, to Colt informing them of the fact that ARFcom had infringed on the patent drawings of the bolt head for the AR-15? Probably not worth it, even if it was legally relevant.

The patents are long expired.
Copyrights and trademarks have a much longer lifetime as long as they are in continuous use.

it appears they do own that as a trademark. Search TESS for ar15.com as owner and it is there.

(you can't hot link a TESS response, they expire after a short time. That doesn't mean the trademark is expired.)