TrailChaser Posted December 14, 2010 Share Posted December 14, 2010 Shopkeeper, Thank you for using CafePress! In accordance with our Intellectual Property Rights Policy, Albert Bensusen on behalf of Nissan North America provided us with a notice stating that your use of the Nissan and Datsun Brand Logos and their associated vehicle models and model names infringes upon their intellectual property rights (copyright/trademark/trade dress). Please click here for more information about intellectual property. Accordingly, we have set the content that is alleged to infringe the rights of the third party to “pending status” which disables said content from being displayed in your shop or purchased by the public. You may review the content set to pending status by logging into your CafePress account and clicking on the “Media Basket” link. The content set to pending status will be located in a “pending images” folder, which can be accessed via the pull-down menu bar on the left hand side. If you believe that you hold the rights to the content alleged to infringe the rights of the third party, we encourage you to contact the alleged rights holder directly for a resolution to this matter. Below please find the contact information for the party alleging infringement. Albert Bensusen SVP Nissan Client Sales Manager Equity Management Inc. 4365 Executive Dr., Suite 1000 San Diego, CA 92121 Off:(858) 558 - 2500 ext. 115 ABensusen@EquityManagementInc.com We apologize for any inconvenience that our actions may cause you. Please let us know if we can be of further assistance. Sincerely, Lindsay Moore Content Usage Associate (650) 655-3047 lmoore@cafepress.com -------------------------------------------------------------------------------------------------------------------------- This email is about the old TNO(TexasNissanOffroad) Cafepress stuff that was uploaded. The only images were of the drawing that Luis did.(very nice work BTW) Other than that I think "Texas (Nissan) Offroad" may have triggered the lawyer alert. lol Nothing to worry about of course just thought I'd post up the email just in case anyone was thinking of making shirts or calenders in the future. I have already removed everything Nissan related from Cafepress. I have had two shops on cafepress. One for TNO and one for ForemanMetalWorks. The thing that kinda gets under my skin is that both shops where suspended because of Nissan's claim. obviously the FMW shop had zero reference to Nissan. I understand that is a cafepress problem, but it seems to me that it would have been just as easy for Nissan to send me an email asking for the removal of their copyrighted material, along with an nice explanation as to why. Instead of going about it arsehat route and having my whole account suspended. The most disappointing thing is that I was on my way to being rich off those Nissan images... I have $16 in Cafepress cash since 2007. When it hit $25 they'll send me a check. I'm curious to hear what everyone thinks of this. Link to comment Share on other sites More sharing options...
Northernpathy Posted December 14, 2010 Share Posted December 14, 2010 (edited) Nothing new really. I read that a lot of big companies like Apple, Microsoft, IBM, Ford, GMC, etc all have at least a few lawyers sitting on a computer all day just to look for things like this. They also send out hundreds of "cease and desist" orders every year for things like this and 75% of them are really stupid. Was something in the news 1-2 years ago about a school or something that had an apple in the logo and Apple Inc (the computer company) was going to sue them unless they changed it, even though it looked nothing like the Apple Inc logo. Edited December 15, 2010 by Northernpathy Link to comment Share on other sites More sharing options...
morpheus Posted December 15, 2010 Share Posted December 15, 2010 Ever wonder why the canadian website is www.nissan.ca but the usa site is not www.nissan.com http://www.digest.com/ Link to comment Share on other sites More sharing options...
ModiFinder Posted December 15, 2010 Share Posted December 15, 2010 What is more crazy is that CafePress has to get involved with enforcement if the dispute is not settled. In this case you would probably be best off contacting them and asking them what they are concerned about and in most cases you should be able to talk it out unless they are just going on a hunt and then you will probably have to comply. What I was not sure about was if you were granted rights (formally or informally) by the owner/creator of the images? If you din't and they are the owners you have to agree with them on something. If you did and they are not the owners then you have to contact them and then you have to bring CafePress into it as well so that they are aware that the take down notice is not valid. The ridiculous part of this law (the digital millennium act) that anyone can send these take down notices and groups like CafePress have to take you off line first and then ask questions. Link to comment Share on other sites More sharing options...
Precise1 Posted December 15, 2010 Share Posted December 15, 2010 What a serious waste of time and $ on their behalf and unnecessary BS on yours. Sadly many corporations (just like governments) blindly enforce the letter of the 'law' regardless of practical consideration. The worst thing is that it only comes from greed, that they think you might be taking a (microscopic) piece of their pie. As soon as any entity begins operating on this level, it should be broken down, cleaned out and reassembled; it has become blindly self serving. Hell, lets say I start selling coffee mugs that say Pathfinder and have a picture of one and some others that just have the nissan logo. So what!! Are they selling mugs?? Noooo!! They shouldn't care one bit!! Hell, they might even say hey, that's great!! Free advertisement!! Can we buy some?? Any quantity discounts?? Any discounts because we are Nissan?? If they realized you we making a tidy sum and that the coffee mug business would fall hand in hand with making cars, they could offer to buy you out. Or, they could just leave you the fark alone!! B Link to comment Share on other sites More sharing options...
Kingman Posted December 15, 2010 Share Posted December 15, 2010 Quite a few people on Z31performance.com have gotten this email too. Link to comment Share on other sites More sharing options...
morpheus Posted December 15, 2010 Share Posted December 15, 2010 Hell, lets say I start selling coffee mugs that say Pathfinder and have a picture of one and some others that just have the nissan logo. So what!! Are they selling mugs?? Noooo!! They shouldn't care one bit!! Hell, they might even say hey, that's great!! Free advertisement!! Can we buy some?? Any quantity discounts?? Any discounts because we are Nissan?? If they realized you we making a tidy sum and that the coffee mug business would fall hand in hand with making cars, they could offer to buy you out. Available for purchase at your local dealer: Link to comment Share on other sites More sharing options...
fleurys Posted December 15, 2010 Share Posted December 15, 2010 Link to comment Share on other sites More sharing options...
Precise1 Posted December 15, 2010 Share Posted December 15, 2010 Available for purchase at your local dealer: Please keep your marketing whore dealership ways at the border when you visit the US. Thanks and enjoy your stay... I had no idea, but damn... B Link to comment Share on other sites More sharing options...
nunya Posted December 15, 2010 Share Posted December 15, 2010 leave it to B to make a smart azz comment and it actually be a complete backfire! Link to comment Share on other sites More sharing options...
edicer2 Posted December 15, 2010 Share Posted December 15, 2010 Quite a few people on Z31performance.com have gotten this email too. i was just about to say that Link to comment Share on other sites More sharing options...
Pezzy Posted December 15, 2010 Share Posted December 15, 2010 The Black Mustang Club had a similar issue when they created club calenders featuring pictures of members cars... turns out Ford was never behind the claim. http://allfordmustangs.com/articles/controversy-over-black-mustang-club-calendar-945.shtml http://media.ford.com/article_display.cfm?article_id=27542 Link to comment Share on other sites More sharing options...
morpheus Posted December 15, 2010 Share Posted December 15, 2010 Please keep your marketing whore dealership ways at the border when you visit the US. Thanks and enjoy your stay... I had no idea, but damn... B haha! lol! Link to comment Share on other sites More sharing options...
Hawzzy Posted December 16, 2010 Share Posted December 16, 2010 haha! lol! A lady opened a small shop in Gravenhurst...15 mins from my town...population of 10000 maybe, spread out over a lot of area...tourist town in summer. I beleive she sold dreamcatchers and other artsy stuff...she called it Dreamworks by "enter name here) and she was closed down by Steven Speielberg!!!!! She couldnt afford to fight and was too stubborn to give in and change her name after a few yrs established!!! Tye Link to comment Share on other sites More sharing options...
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