Calling in the Troops!

Discussion in 'The Logo Creator' started by Jim B, May 22, 2006.

  1. Jim B

    Jim B

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    :announ:
    Hi Gang,
    It's me again, Jim B.
    I am at my wits end here and am calling in the Pro's (you guys) here is my situation, I have created and have been using Nate in my ebay banners and logos and have basically branded him to my stuff, (Jim B = Nate)
    It seems that another ebayer likes my stuff so much THAT HE IS COPYCATTING ME right down to the letter, I mean thats good that he purchased LogoCreator, but this is rediculous. Check out one of my auctions (item number 9521439960) and then check out one of his (item number 9522227441). I realize that trying to emulate me is really flattery that I should be a bit happy that I am doing so good that someone wants to copy me, but this is a little much, duplicating my banners, my flash ads and THEN HE USED NATE!!!!!
    I am Jimsebooks4u and he is Nicksdiscountebooks - Does anyone have a really cool substitue for nate (one that he wont find in any laughingbird packages) (that was for you Marc) I have written him and asked him not to copy me quite so closely, but I get no responses, so this is my attempt to fix the issue. Even tho I created the stuff - it defeats my purpose if it is copied so exactly.
    another example of the copying, I created a Triple Pack (7579331669) for some of the software I sell and you guessed it! Nick has one now too ARGH!!! (9522227582).
    OK, enough crying for now, you know my story, can anyone help me with a new JIM aka NATE
    :helpnow:
    Jim
     
  2. LogoManiac

    LogoManiac

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  3. Jim B

    Jim B

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    Very Cool,
    Thanks for replying so quickly, Do you by chance know if Borpean is very expensive or not? Just wondering.

    Jim <--- the copied :)
     
  4. Jim B

    Jim B

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    I just went to his site, and I must say HIS WORK IS AWESOME! and his prices are good too.... :)

    Thanks for letting me know about him, I have seen him i here many times but I never realized he did logos ( and so good too).

    (still sucking up to Borpean :number: )
     
  5. KD-did

    KD-did

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    Jim B, Borpean is fabulous and very, very meaning inexpensive...and you can have something that is yours only.
     
  6. BradC_WA

    BradC_WA

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    Jim B,
    It really sucks when your hard word, intellectual knowledge and creativity gets stolen by another person for their person gain and at your expense.

    I've been in the marketing profession for years and design/write/create marketing pieces for myself and others. Let me see if I can give you a little help on this matter. Here's what I got from my mentor to handle things like this ...

    From time to time, my copy gets swiped. Sure, that’s fine and all. But sometimes, my copy is more than swiped — it’s copied verbatim. Almost entire paragraphs (several of them) are copied, word for word.

    When this happens, I usually send a cease and desist letter. I usually start with email. Then, if nothing happens, I try certified mail. Here’s a sample of one I use, which you can change and use for yourself:

    Dear [name]:
    It has come to my attention that you have made an unauthorized use of my copyrighted work entitled [name of work] (the “Work”) in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in [date] [and have registered copyright therein]. Your work entitled [name of infringing work] is essentially identical to the Work and clearly used the Work as its basis. [Give a few examples that illustrate direct copying.]

    As you neither asked for nor received permission to use the Work as the basis for [name of infringing work] nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

    I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by [date give them about 2 weeks] indicating that you have fully complied with these requirements, I shall take further action against you.

    Very truly yours,
    [Your name]
    ——————————————–​
    Here you can find the sections from the US Code, mentioned in the C & D.
    Title 17, Chapter 1, Section 101
    Title 17, Chapter 5, Section 504

    Legend
    name of work = website address
    date = date first published
    have registered copyright therein = if done (optional)
    name of infringing work = their website address
    few examples = in this case “you copied it verbatim, word for word, such as [headline], [first paragraph], etc.”

    Good luck to you! Just remember, if it's your work you have the law supporting you.
     
  7. blackknight

    blackknight

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    Thank you for providing that to the forum; I am sure that will be useful.
     
  8. Chris

    Chris Staff Member

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    So what kind of character you looking for Jim?
     
  9. Jim B

    Jim B

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    Hi Mac,
    Thanks for responding, I guess I am not sure, I know it has to be kewl :)
    But Hmmmm, I checked out Borpeans site and I kinda like his Dax character (a lot) but maybe I should have him look more like me (fat - old- and white hair - flat top and van dyke) he he,
    Really, I am grasping here, I just wanted to have something that would not be easy for someone to do to me what Nick did. If I have my own and they try it I can report them to ebay, but with Nate, he is free game to all comers so I really cant say anything except (dang it).
    I am open to ideas,
    Let me say that I am not asking for this character for free, (unless its offered) but price is certainly an issue, so I guess I can't be really picky huh?
    I havent heard from borpean so I suppose he is really busy right now and probably doesnt have time to fiddle with me right now, but I am still hoping :)
    anyway, I will quit droning on and on, thanks again for your interest.
    Jim
     
  10. Chris

    Chris Staff Member

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    Jim I made my avatar from a picture of me. How about a pic of you turned into something like that.
     
  11. Jim B

    Jim B

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    Now there's a scary thought! :bancha: I don't want to scare everyone off now do I.
    Although your pic looks OK, I am much too ugly for a realistic one :)
     
  12. KD-did

    KD-did

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    Jim, yes Borpean is very busy finishing up a BIG project.... I think your best bet would be to have an character that is yours and yours alone.You would own it ...!!!Borpean (Dave Sylvester... yes Marc's brother) can make you a one of a kind character and he does it very, very reasonable as I have said before.
     
  13. Chris

    Chris Staff Member

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    Here is one I did Jim. Is this what you are looking for?
     
  14. cybrnetico

    cybrnetico Staff Member

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    I thought jim said he was old, LOL. He looks young and sporty now :) good work mac
     
  15. Chris

    Chris Staff Member

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    Thanks Cybr.

    Yeah I thought he might like a younger sporty looking character for his designs.
     
  16. Jim B

    Jim B

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    Hi Guys,Thanks for your input, But I have decided to use the AWESOME artwork of ol Borpean himself. Hey what can I say - he does good work.
    Look for me in the funny pages!
    Jim (soon with a new look)
     
  17. cybrnetico

    cybrnetico Staff Member

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    sneek peak

    Gee! now I am curious what its gonna look like. Don't be mean and give us a sneek peak when its done. LOL! :)

    Wish you luck,

    cybrnetico
     
  18. Jim B

    Jim B

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    I will give you box seats to the grand opening!
     
  19. Chris

    Chris Staff Member

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    popcorn and refreshments included? If so count me in. :) LOL
     
  20. KD-did

    KD-did

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    refreshments like:aparty: :beer: ????
     

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