Especially considering when Ken did his “Burnt Ends” (Old Dark Fired leftovers from MacB) he purposely supplied no jar label.
Burnt Ends – KBV
kbven.com
But I guess it’s more fun to play armchair attorney ?
Ken Byron’s Extra Mature FVF
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Especially considering when Ken did his “Burnt Ends” (Old Dark Fired leftovers from MacB) he purposely supplied no jar label.
kbven.com
But I guess it’s more fun to play armchair attorney ?
Actually 'Burnt Ends' looks pretty good and selling it 'as is' exposes him to no issues. The other stuff will be interesting to see how it plays out. Having seen all these issues before I am sure an amicable resolution will be found.
No. Blenders take raw leaf and create masterpieces out of it. KBV takes masterpieces and draws mustaches on them.
That gets the prize for todays funniest comment/post!
lol
Is his Verge Engine Overdrive based on someone else's work? It's damn fine stuff.
I know you consider the guy a hack, and maybe he is, I don't know. But one thing that's clear is that he's found a willing audience for "masterpieces with mustaches on them". I find that part of his story sort of fascinating. But like I mentioned earlier, his audience seems to be experienced smokers who are looking for something novel. I suspect smoking Zen Pants doesn't mean anything unless you've already smoked a lot of Penzance and are in on the joke.
Yep, and that would be the least of your worries because the Feds would come down on you like a ton of bricks for violations of numerous liquor laws. But, your point remains valid.
I remember that debate. Those folks were, in a word: wrong.
Yup, never the bad guy for protecting your legal rights against those who are breaking the law.
Ever.
It’s a good point however to note there’s a decent chance that SG actually is aware of the use of their label and approved of it through contractual agreements, freely given permission or just a handshake agreement between gentleman and that would indeed make speculation immaterial because there would be no infringement. We may never know. Just an interesting topic to contemplate. I’m actually inclined to think that’s the case because I hate to assume the worst about people when there’s a perfectly legal and reasonable explanation.
My comments about the legality were mere speculation on the hypothetical question about using a trademarked label without permission - even if the result is something fantastic and tasty. Just saying.
Ever.
It’s a good point however to note there’s a decent chance that SG actually is aware of the use of their label and approved of it through contractual agreements, freely given permission or just a handshake agreement between gentleman and that would indeed make speculation immaterial because there would be no infringement. We may never know. Just an interesting topic to contemplate. I’m actually inclined to think that’s the case because I hate to assume the worst about people when there’s a perfectly legal and reasonable explanation.
My comments about the legality were mere speculation on the hypothetical question about using a trademarked label without permission - even if the result is something fantastic and tasty. Just saying.
@verporchting Hence why forums exist. Its a funny old world as the topics on here seem to pop up in a slightly different format every few years.
Damn, that mustache guy looks like Gallagher. Maybe that’s why the iconic smirk... ?
Selling this would actually be OK depending on the source (i.e., if you weren't using someone else's copyrighted work). And, it would have protections under parody of another creative work. Though, I wouldn't try this with anything attached to Disney. We may all now resume our normal pipe smoking activities.
Hes got (unadulterated) 250g boxes of st. james flake too. Im going to be in vaper heaven because I ordered a box of that along with 2 bags of verge engine overdrive and 2 bags of artifact blend last night. Mailcall!
You could send his label to SG if you want to know for certain. It may be that he simply doesn't realize he can't do it. It could be anything. I don't care one way or the other, I'm more than satisfied with the tobacco I've bought from SG.
Only if he has permission from SG to use the blend name and the label.
There's a reason why companies like Warner Bros maintain an army of red eyed saw toothed attorneys with blood and entrails dripping off their hands.
Given the 2016 FDA Deeming Regs, none of these blends are "legal".
I find the debate about legality of the trademark entertaining! I just hear something new and - boom - TAD kicks in lol
Realistically if one was concerned that much about the rules, private sale of tobacco is prohibited in my jurisdiction at least... must be a registered tobacconist. Yet I see sales all the time. People seem to see the “rules” more as “guidelines” lol think the pirates code in Disney’s pirates of the Caribbean! (Read in pirates accent)
Realistically if one was concerned that much about the rules, private sale of tobacco is prohibited in my jurisdiction at least... must be a registered tobacconist. Yet I see sales all the time. People seem to see the “rules” more as “guidelines” lol think the pirates code in Disney’s pirates of the Caribbean! (Read in pirates accent)
He likely sold 5-10 pounds of it in smaller portions in a day or two. Maybe he’ll get a letter in about 6 months, maybe not, but it seems he generated a fair bit of collateral advertising through it all.
Interestingly the website has the options "Ken Byron blends", and "Other people's blends". This matured FVF is under "Ken Byron blends" which is problematic, and false, as it seems that unlike other house blends there is no addition to the flake, just further processing. And it is the only house blend that's using a modified original label.
Copyright laws have clarified all the points mentioned above for a hundred years or more.
Copyright laws have clarified all the points mentioned above for a hundred years or more.
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