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prairiedruid

Lifer
Jun 30, 2015
2,044
1,297
Copyrights matter. Period. It is not about how innocent the usage is. It is not about if someone can violate a copyright as long they don't profit from it. If you knowingly allow someone to violate your copyright you weaken future attempts to defend your copyrighted material.

 

yaddy306

Lifer
Aug 7, 2013
1,372
505
Regina, Canada
Copyrights matter. Period. It is not about how innocent the usage is. It is not about if someone can violate a copyright as long they don't profit from it.
Actually, there are several "fair use" exceptions to copyright. These include for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.

 

brian64

Lifer
Jan 31, 2011
10,041
16,099
There may be an opportunity here for some enterprising individual...how about: spoofcellarlabels.com
If I'm not mistaken, it would not be any type of copyright infringement to create spoof labels for pipe tobacco brands.

 

brian64

Lifer
Jan 31, 2011
10,041
16,099
^ That's perfect.
The Celebrated Meiosis
Fungal Slices
Watch Your Cellar Grow

 

jvnshr

Moderator
Staff member
Sep 4, 2015
4,617
3,898
Baku, Azerbaijan
but seriously, it's pipe tobacco. Not MGM studios or the estate of J.D. Salinger.
How are you planning to differentiate who should care and who shouldn't? Like if your annual turnover is more than 100K you should protect your rights, if not then don't?
They should have asked. No doubt. Maybe they were naive and didn't think to.
That person knew that he could get into some trouble, thus used a service to hide behind and stayed anonymous.
I am not here to defend anyone. From my point of view (even as a person living in a second-world country) it is not right. He or she or they should have asked and then proceeded. I remember someone opening a tobacco-related website and 'borrowing' some information from several websites. His intentions were good, he wasn't charging for anything but in the end it was 'borrowing'.

On the other hand I wonder, how many of the tobacco companies would allow him to use their labels if he asked?

 

crashthegrey

Lifer
Dec 18, 2015
3,884
3,960
41
Cobleskill, NY
www.greywoodie.com
With each unchallenged use, it becomes more difficult to legally protect the trademark when a serious infraction occurs.
Ash, you ask if it is worth pursuing. Dan hit the nail on the head here. Every infringement must be pursued or you will lose your trademark, period. There is no choice, no better pursuit. I love SToP, and if I want to have shirts made with their TMs, I'd probably just ask them and be unsurprised with the very fair licensing agreement that they offered. However, if I just made them and gave them out, they would still have to ask me to stop or risk not being able to protect their marks. By the way, does anyone want a War Horse Bar shirt as much as me now?

 

brian64

Lifer
Jan 31, 2011
10,041
16,099
By the way, does anyone want a War Horse Bar shirt as much as me now?
I'm still waiting for the Starcat shirt someone was supposedly working on. Must be tied up in copyright litigation.

 

woodsroad

Lifer
Oct 10, 2013
12,912
21,599
SE PA USA
I'm still waiting for the Starcat shirt
How about a coffee mug?
2v22g7r82x3L6Bn.jpg

 

papipeguy

Lifer
Jul 31, 2010
15,777
40
Bethlehem, Pa.
We thank the original poster for bringing this issue to light. Standard Tobacco of Pennsylvania is taking action to stop this "service". While we're sure this was done for the benefit of the pipe smoking community one cannot and should not take the liberty of offering something they don't own or have permission to use for any reason. I am attaching a letter written by our lawyer to cease and desist immediately. I have further sent a copy to Pipes and Cigars and their distribution arm so they are aware of our actions. Had the site asked for our permission we may have granted it or, at the least, offered a one time licensing agreement. Unauthorized use and distribution of trademarks is theft. We are taking this very seriously.

Apparently I could not attach the document but rest assured it has been sent.

 
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