Home | Site Index | Disclaimer | Email Me!





|
Collegiate Licensing Company Hall Of Shame Member |
|
|
Their website address is http://www.clc.com/clcweb/publishing.nsf/Content/Home.html
They are located at 290 INTERSTATE NORTH CIRCLE, SUITE 200, ATLANTA, GA 30339 P 770.956.0520 What we have here is another failure to communicate. These arrogant assholes terminated 67 auctions on eBay by a seller named Hovihats because Hovihats was using their fabric to make scrub top hats. CLC claims the scrub top hats are derivatives. Bull. Under the Batlin standard, recognized by most federal courts, in order for something to qualify as a derivative it has to be copyrightable in its own right. A scrub hat made from licensed fabric would never qualify for a copyright you nitwits. CLC seems to have some pea-brain named Maria Stanfield handling thier emails. She's CLC's Senior Legal Assistant which sounds more like in-house-moron to us. Hovihats had gone through this with CLC two years earlier and was told to add a disclaimer to her store, which she did. Maria claimed Hovihats was using unlicensed fabrics which Hovihats refuted. Maria stated: "Creating a derivative product requires a license. I have your contact information and will have one of our attorneys follow up with you in writing" Except for a few things, Maria. A derivative has to be in of iteself also copyrightable. See Batlin, Second District Court of Appeals, which established this requirement based upon copyright law. Also see Derivatives on this web site. Also, look at Precious Moments vs La Infantil, First District Court, 1997, where Precious Moments lost trying to stop La Infanti; from making bedding from licensed fabric because of the First Sale Doctrine. Making fabric items from licensed fabricis not creating a derivative. A scrub hat made from licensed fabric depicting the University of Somewhere is not copyrightable and therefor it is not a derivative. Maria, where did you go to law school? As a legal assistant, are you a lawyer? Are there adults at CLC supervising you at play? Seems some dimwit from Sykel named Howard Leibowitz called Hovihats and was happy to hear her auctions were terminated. Hey Howard, why don't you and your idiot buddy Sy Garfinkel get a life? We know you can't get a lawyer. You're too stupid and both of you are cowards. Instead of taking action yourself we believe you cried to CLC to do your dirty work. |


 
 
|
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. We made this offer a very long time ago and as of September 2008, only AnimieHot.com, in our Hall Of Shame, and Charlotte Perman (Sevenarts in our Hall Of Shame) have chosen to submit a formal rebuttal. |
|
General Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Hall Of Shame | Contributions
Corporate Lawyers
Links |
|
Definitions |
|
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
Filing A Federal Lawsuit |
|
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 |