[MR] One step too far! (Duane Moore)

[Laurie Clarkston]

Instead of a Cease and Desist letter, why not ask them for a donation to 
this lovely Non-profit group for them to continue using the design.  In 
fact, you might offer them a few more designs for another small (for them) 
donation.

Win-win for everyone.  these stores don't like bad publicity, so it might be 
worth entertaining.

Cairistiona

----- Original Message ----- 
From: "Wolf SilverOak" <wolfsilveroak at cox.net>
To: "'Garth G. Groff'" <ggg9y at virginia.edu>; 
<Atlantia at seahorse.atlantia.sca.org>
Sent: Friday, July 24, 2009 3:33 PM
Subject: Re: [MR] One step too far! (Duane Moore)


> However, a 'Cease and Desist' letter would certainly get their attention.
> Might not do much good, but...
>
> -Wolf
>
> Semper Fi, Once a Marine, Always a Marine.
> Without Chaos, there can be no Order.
> http://wolfsilveroak.insanejournal.com- Wolf's Den blog
> http://wolfsilveroak.deviantart.com- DeviantArt page
> http://www.1000markets.com/users/dantesspirit - Dante's Spirit at
> 1000Markets
> http://DantesSpirit.etsy.com - Dante's Spirit Etsy Shop
>
>
> -----Original Message-----
> From: atlantia-bounces at seahorse.atlantia.sca.org
> [mailto:atlantia-bounces at seahorse.atlantia.sca.org] On Behalf Of Garth G.
> Groff
> Sent: Friday, July 24, 2009 3:14 PM
> To: Atlantia at seahorse.atlantia.sca.org
> Subject: Re: [MR] One step too far! (Duane Moore)
>
> Lord Effingham,
>
> No it isn't, and I really didn't state that well. What is the same is
> that it would be nearly impossible to prove actual damages, which is all
> you are allowed to collect (no punative damages). The art was not
> commercial in the first place, so there are no lost sales, which is what
> the court would be looking at. In addition, it would be very costly to
> mount a suit. And a judge would not be pleased to hear such a case. The
> little guy has almost no protection under the current law, given the
> costs and what can be recovered.
>
> Kind regards,
>
>
> Mungo Napier, Archer of Mallard Lodge
>
>
>
> Anthony Bryant wrote:
>>
>> On Jul 24, 2009, at 1:31 PM, Garth G. Groff wrote:
>>
>>> Friends,
>>>
>>> Allow me to add my own experience to this. A number of years ago I
>>> self-published a small local history book and sent copies for review
>>> to several local newspapers. One refused a review, but used quotes
>>> from my book in a review promoting somebody else's book about the
>>> same area (different aspect though). My book was copyrighted and
>>> registered. I checked with a copyright lawyer, and he thought I had a
>>> case, but told me a copyright violation is a Federal matter. I could
>>> only sue for actual damages, which were minimal and unprovable. He
>>> also pointed out that the case would have to be heard in regular
>>> Federal court, as there is no Federal small claims court. Any judge
>>> who had to take time for such a trivial matter would not be pleased
>>> to have his time wasted when he had more important criminal cases on
>>> his docket. I think this shirt would probably fall into a similar
>>> category.
>>
>>
>> On the contrary -- I don't think an article in a local newspaper is
>> the equivalent of mass-produced T-shirts being sold in a nation-wide
>> chain of a major department store.
>>
>>
>>
>> Effingham
>
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