Just a word of advice
 

Well its been crazy trying to get things settled with trademark managment this last week. I just want to let other painters to know that to be very careful how you carry on with your side work. Be careful with who you deal with. I had to produce records of what I sold and now I am awaiting word of a settlement that I have to pay. This really sucks but I understand why they do what they do. Its business and they have a right to protect what is theres. So I would hate for anyone else to go through this , so just be careful. Thanks to those who sent me kind words and support after this happened.

CowboyMike

keep your chin up buddy. you are doing good work, just make them "compliant" in the future. best of luck to you.

nfl?
 

Sounds like you were dealing with the nfl.......... that's what I had to do.

Honestly, pure BS! Anyone who turns in a fellow MFer should be ashamed of himself!

Mark

Agreed!

hmmmm
 

There seems to be much civil unrest, .............This is going to be interesting.....ppcrn

Settlement!?!
 

I thought you were just having to cease and decist. I didn't know you were having to pay as well. Can you say how much once you find out? That is crazy, and serious.

Has anyone else had to pay in the past? Or, are they taking things to a higher level now, and have you become some sort of scape goat for this hobby?

I do hope it all works out well for you.

Cheers,
Michael

If they ever based it on how much I've made painting for other people, the NFL would owe me money mgngcrz :nhnh: mgngcrz :dohdh:

I don't know if this is a new player or not, but it seems that many of the entities such as the NFL, NCAA and others have contracted with a legal group called Trademark Management. http://www.trademarkmanagement.com/

If this is the case or has been the case in the past, then what use to be a simple, cease and desist, now will include restitution as Trademark Management doesn't work for free. $$$$ are what they are going to be after, when they can get them. I'm sure they have to show results to their clients in order to keep getting paid and part of that is monetary restitution from offenders.

This is a heads up to anyone conducting business in this hobby.

More info: http://www.capsinfo.com/index.cfm

Our experience
 

At joxindabox, we were sent a certified letter on two occasions, demanding that we cease and desist. We did cease and disist, and they still shut down our website and aquired our domain name (joxindabox.com). We, too were threatened (by Trademark Management) with paying restitution, and fees, or change our domain, and remove all NFL logos, etc. We changed to joxindabox.net, and as you can see on our site, we have a very generic-looking content, as far as pics, etc.

We did not have to pay anything to anyone, and we just have to be extra careful not to cross that bridge again.

Late, Real Late!
 

:confused: :confused: :confused:

I just don't understand why members don't share until after the big bang.

It's really says a lot when members go through this then sit back and watch some else do the same thing. We are a fraternity not crabs in a bucket, right?

Unity, Intergrity, Fellowship.

Come on guys step up what you know instead of waiting for the sky to fall on someone. If you see they are not in compliance let them know through a PM or something. It's enough for everyone out here if you ask me.

This is for everyone not just this gentleman.

Just my :mtcnts:

I hear you Sweetka, and you make a somewhat valid point. However, every vendor on here knows exactly what is acceptable, and what is not. If he/she decides to have NFL, or NCAA content on their site, they know exactly what they are getting into. If someone says they didn't know, then more power to them.

I think this whole thing is kinda silly for the NFL to be worrying about, considering they obviously are not interested in capitalizing on the EF market--which is considerably larger than what some members may think. It could be much larger if the league took the time and resources to develop it.

I am sorry for what happened to CowboyMike, but at the same time, I cannot spend time going around to each vendor to give them a heads up. I certainly did not get one from anyone on this board, and I didn't need one. I knew the deal coming into this.

I also did not see this level of anger when we were shut down. JMHO

I still have yet to hear about a settlement agreement. I'm sure its coming via certified letter. I guess now I know what imaghetu1962@yahoo intentions were with all his emails! Be careful guys this guy is out here and though he targeted me he has put MFCA on the map. If anyone needs help with what to do or not do let me know.

Cowboymike

re:
 

This is considered personal jurisdiction of a website right? I think this is what I'm studying in school right now.

Speedy

I have a question?
 

Okay, so that I understand what you are saying.

You had your site shutdown similar to what happened to CowboyMike correct?

Yet I was looking at a Cardinal team that you painted with What looks like Miggle Big Men (Fab 5) So my question is when you paint that team and use those figures, then put them on this site don't you endanger the entire site knowing that you were targeted in the past especially when you post them for sale then say sold? Could Miggle be sued as they do not have a liscense to sell NFL teams?

Ken, I don't quite get your point here. Yes, I sometimes post teams in the Trading Forum, as do countless others on this board. The trading forum is supposed to be for paid members only, to help prevent exactly what you describe. I follow the guidelines that the administrators set when the trading forum was closed a couple years ago. I do nothing different than any other vendor or individual that posts items for sale. I post "sold" so that no further offers come in. If Miggle were concerned about the liability of selling Big Men to companies, then I doubt they would allow us to do so.

Furthermore, the Trading Forum cannot be Googled, because you must be a member to access it. However, this very thread CAN be googled, for the entire world to see. As I see it, a thread such as this potentially can do more harm to the MFCA, than anything I post. A thread such as this, and others should probably be placed in a locked forum, for paid members only.

Also, since you are apparently questioning my loyalty to the MFCA, I must add that from day one, I have had a link to this message board on my site. There are many MFCA members who have signed up for this board after either making a purchase from us, or having visited our site. I would never want anything to happen to this forum, because I feel it is the best thing that has ever happened to EF.

I think I get it.
 

Don't know where the world loyalty came from. I think any paying member is loyal personally whether you bookmark the site or not. Heck, I still have Bryan's original email in my account.

I was asking a question yet I obviously came off in a different light. It was not my intention.

So, my understanding is I can trade my items here. But if I build a website and buy some Buzzball men, paint them up then I can't sell them? If I have a website can I buy the men and sell them? Thanks!

I think I get where you're coming from. The way I see it, companies are more at risk than individuals, because a company is an enterprise. An individual can have a certain amount of plausible deniability that a company could never claim. Miggle, and Buzzball, as I see it (I'm not a lawyer) do not control what the end-user does after purchasing their goods, so I don't see it as a problem for them, though I could be wrong. You raise some interesting points, Ken.

I don't post many pictures on this board anymore, because I have seen my stuff used by all kinds of people for alot of different things. I'm not mad at it, I just feel I have to be careful. Now I will post a team now and then in the trading forum, but only teams that I paint for fun, then get rid of. You will see very few pics of my teams on this message board outside of that, moving forward.$br#

MSB