Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me!

Tabberone Logo
The latest Hartsel weather.

  "The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke



While on LSD?
Alex Grey
Whacked-out Ar~tiste
Hall Of Shame Member
Added May 21, 2008
Just Whacked-out?

Last Updated - December 10, 2009

Try to imagine if you can, a world in which you cannot sell a genuine article, such as a poster you purchased from Alex Grey, without being able to describe the poster as being a licensed authentic Alex Grey poster and without being able to show the prospective buyer a picture of the genuine poster you are selling! Think about this. If it's an authentic Alex Grey poster then why shouldn't you be allowed to call it that? Well, under trademark law you are allowed to accurately describe the poster using the name Alex Grey. And, under copyright law, you are allowed to use a picture of the poster while attempting to sell it.

So, you cleverly inquire, where are we going with all of this? Some burnt-out but arguably talented artist named Alex Grey has filed a lawsuit [PDF format] against one Juan Fernandez for showing pictures of lawfully purchased licensed Alex Grey posters that Juan is trying to sell on the internet. How, you intelligently ask, can Alex Grey possibly file a lawsuit over something that is so obviously allowed by law? Alex Grey used some bottom-feeder corporate lawyer named Laurence Singer who appears to be a one-man office located at 40-22 74th Street, Jackson Heights, New York 11373. His web site is www.laurencesinger.com and his email is ls@laurencesinger.com.

October 17, 2008, Juan Fernandez filed his pro se answer [PDF format] with the court.

So, Larry, considering the fact the Copyright Act specifically states in 17 U.S.C. 113(c):

In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports.

(emphasis added)

Larry, what part of you are either an idiot or a flaming asshole do you not understand? But wait! There's more! In the complaint, you alleged, "Defendants appear to be in the business of selling reproductions of artwork and other related merchandise on the internet". (page 6 23) Appear? You first contacted Juan Fernandez in July of 2007 and ten months later you don't know if he's selling fakes? Why not find out before you file a lawsuit making defamatory statements like this? Oh, we forgot. You are either an idiot or a flaming asshole. Why? Because your complaint has nothing to do with the false allegation in 23. It has to do with Juan Fernandez having the perfectly legal right to use pictures of the art work to sell lawfully acquires licensed posters. If you can't prove this defamatory statement, and we seriously suspect you cannot, and you didn't obtain evidence to back this defamatory statement, and we seriously suspect you did not, then you are a lying piece of excrement and should be disbarred (we all know that won't happen because lawyers protect their own even when they appear to be scum).

Alex Gray makes the claim he owns copyrights to all of the works listed in the complaint. But what Alex Gray fails to state in the complaint is that the works in question were manufactured and sold by Alex Gray. As such, the first sale doctrine comes into play.

Alex Grey appears to be somewhat disturbed to us. In his biography, which is posted on his web site, it seems as a youngster he collected dead insects and animals from around the neighborhood to bury in his yard. Not what we would call normal behavior. The themes of death and transcendence began early in life which some might categorized as an indication of a troubled mind. When we look at the "art work" to the right, Skull Fetus, we really wonder about his mental state. He is talented but his subject matter raises questions.

We do know he mistakenly believes he can control his art work beyond the first sale doctrine. We think he's either an arrogant SOB or he's gotten really bad advice from bottom-feeder Laurence Singer.

Our problem with Laurence Singer is that he had an obligation under legal ethics, (we pause here for you to stop laughing), to investigate the facts of the case before filing a self-serving and flawed complaint. By not fulfilling his lawyerly ethical obligations, (again, we pause here for you to stop laughing), he in essence lied to the court when he signed the document. That's what makes him a bottom-feeding corporate lawyer who seeks validation through the bottom line of his bank account over the rights of legitimate sellers.

To make matters worse, some would-be reporter for the New York Post named Stefanie Cohen has written a very biased and ill-informed news article accusing Juan Fernandez of ripping off Alex Grey and of "a killing selling reproductions of Grey's work on his Web site". Stefanie Cohen, some would-be reporter for the New York Post, makes these false and unsupported claims from reading the complaint and interviewing Alex Grey, but not taking the time to interview Juan Fernandez. Why not? Gee, Steph, that just might ruin a good trash story, wouldn't it? Except, Juan wasn't selling reproductions he was selling framed licensed posters. Stefanie Cohen, some would-be reporter for the New York Post, relied on her misreading of the carefully-worded but perjurious complaint and the word of a whack-job artist. It's a shame the New York Post didn't care enough to at least try to be objective.

What we would find funny if it weren't so pathetic, is that on Alex Grey's web site it appears he commits copyright infringement. On his web site he has a link under "Archive" and "Weird" that says "Mindfold" (see picture at right). We notice there is no copyright notice that he has permission to use the images from the HBO documentary for commercial purposes. Gee, Alex, that appears to be copyright infringement. But you should be familiar with the concept since you are falsely accusing Juan Fernandez of the same.

 

 

Rebuttals

In an effort to provide a balanced view, we make the following offer to anyone who feels they have been wrongly accused on this web site.

If you, or your company, have been referenced on these pages, and you would like the chance to post a rebuttal, we will post your rebuttal (provided it is in good taste) so others can read it. The rebuttal must be submitted in a format that can easily be converted into HTML. We reserve the right to alter the rebuttal to make it more readable. However, we will not alter the content (unless there is offensive material to be removed). We also reserve the right to comment on any rebuttal received. Emails protesting the content of this web site may be treated as rebuttals by us at our discretion.

General
Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions

Corporate Lawyers
Cartoons | Code Of Ethics | Courtroom Remarks | Definition Of A Lie | Jokes | Lawyers | Lying | Who Have Lied

eBay - Land The Game

Definitions

Trademark Definitions
Blurring   |   Confusion   |   Damages   |   Dilution   |   History   |   Initial Interest Confusion   |   Likelihood Of Confusion   |   Material Difference Standard
Parallel Imports   |   Post-sale Confusion   |   Puffery   |   Secondary Meaning   |   Subsequent Confusion   |   Trademark Abuse
Unauthorized Use   |   Unfair Competition   |   What is a Trademark?
Copyright Definitions
Angel Policies   |   Contributory Infringement   |   Copyrightability   |   Copyright Extortion   |   Copyright Misuse Doctrine
; Derivative   |   The Digital Millennium Copyright Act   |   EULA   |   Fair Use   |   First Sale Doctrine   |   Product Description   |   Registration
Registration Denied   |   What is a Copyright?   |   What is not Copyrightable?
Other Issues
Embroidery Designs   |   FAQs & Whines   |   Image and Text Theft   |   Licensed Fabric   |   Licensing & Licenses   |   Patterns
Patterns Index   |   Profit   |   Quilting   |   Selvage   |   Stanford School of Law Case Outline
Tabberone Disclaimer   |   Trademark Extortion   |   Urban Myths   |   What To Do If You Are Veroed

Federal Court Cases
Alphabetically | by Federal Circuit | by Subject | by Court Quotations

Federal Statutes
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22
<

VeRO (Verified Right's Owner Program)
VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter
Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed

Original material by Karen Dudnikov & Michael Meadors is © 1999-2016

 

 

iweb counter