[amayausers] Re: Dakota Collectables Lic (Personal use ONLY)
- From: "Roland R. Irish III" <signman@xxxxxxxxxxxxxxxxxxx>
- To: amayausers@xxxxxxxxxxxxx
- Date: Thu, 19 Oct 2006 14:46:41 -0400
My comments were more aimed at 'why is Dakota selling the designs if
we can't use them' rather
than my tongue in cheek semantics. My lawyer is one of the type that
would eat up this case
just on the 'free' aspect...if they sell it, you should be able to
use it!
He just took on Daimler Chrysler for me-2 years of fighting over
their interpretation of
my jeep warranty...we finally won!
But you never know-sometimes a call to the actual license holder may
get results!
Its all how you ask...and maybe a 'percentage' or 'use' fee to them.
Might have to buy different artwork than the Dakota line if they
won't release that...
but you never know!
Roland
Sunrise Graphics
116 Main St
Claremont, NH 03743
603-543-1324
Preferred method of files is PDF
to our email-we are all MAC based graphic programs here
signman@xxxxxxxxxxxxxxxxxxx
On Oct 19, 2006, at 1:47 PM, Don Hanson wrote:
> Regardless of how clever you think you can be, the fact remains
> that there
> is commercial gain being realized by virtue of the design. A "true"
> gift has
> no benefit to the producer, today, tomorrow, cash, or intangible.
> The more
> you try to be clever, the more likely you will be found to be
> "willfully"
> violating. That makes the penalties much more severe.
>
> Unless you are certain that you have the deeper pockets, the cost
> of trying
> to prove you are more clever than their lawyers, is hardly worth
> it. It's a
> wise person who knows which battles are worth fighting and which
> are better
> avoided.
>
> Don
> Terradon Embroidery
>
> -----Original Message-----
> From: amayausers-bounce@xxxxxxxxxxxxx
> [mailto:amayausers-bounce@xxxxxxxxxxxxx] On Behalf Of Roland R.
> Irish III
> Sent: Thursday, October 19, 2006 10:33 AM
> To: amayausers@xxxxxxxxxxxxx
> Subject: [amayausers] Re: Dakota Collectables Lic (Personal use ONLY)
>
> I think I'm not alone here...if we are buying commercial machines to
> do items for resale, and Dakota is SELLING digitized and licensed
> designs...what do they think someone is going to do with them? Buy a
> design and only sew it for their own use? That's a good deal...pay
> through the nose for a design that you can only GIVE AWAY....not get
> paid for!
> So, here's one for the lawyers....what if our website (I don't have
> one-just hypothetical) said TOTE BAG, $35.00...with FREE embroidery!
> That means we are giving the design away....no violation of trademark
> there?
> I know...some lawyers will eat this up-others will be going no-no-
> no....but think about it!
>
> Roland
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