Creative Memories and Antioch Company|
Hall Of Shame Members
To subvert seller's rights by interferring in the way people |
interpret those rights, and to maintain a community of employees
that interfere with opportunities to prosper and destroys hope for the future.
Last Updated - March 6, 2011
Their web site is http://www.creativememories.com/. they list their address as Creative Memories, P.O. Box 1839, 3001 Clearwater Road, St Cloud, MN 56302-1839, (800) 468-9335. They claim they are different. They only sell through "consultants", or sales representatives, sort of like AMWAY, but scrapbooks. The web site, http://www.antiochcompany.com/, is registered to Creative Memories but Creative Memories is owned by Antioch Company. Go figure.
Our problem with Creative Memories and Antioch Company is the people running these companies appear to be terminally stupid. They claim they own the words "creative" and "memories" and that you are infringing upon their trademark if you use these two words in any combination or remotely together. The company statement of "higher purpose" shows what hypocrites these forsaken souls really are.
This crock of self-serving garbage belies their actual actions and how they mistreat people. We are assuming this "higher purpose" makes Ernest Morgan, President of
Creative Memories and the Antioch Company, feel good about himself while he directs the activities of a bunch of jerks.
From his picture he must think he is some sort of cool dude. He's not. We are guessing he was born into the money.
|Item title was listed as 'Creative Circle Cross Stitch Magical Memories'. It was made by the Creative Circle company and the item was called Magical Memories Photo Mat. A picture of the item accompanied the item listing. Some idiot at Creative Memories and Antioch Company told eBay to terminate this auction listing because it violated the rights of Creative Memories and Antioch Company. How? Because the title of the auction used the two forbidden words; the two words to which Creative Memories and Antioch Company claim they own all rights however they determine these rights to be. Amen. Let us pray.|
Use of both "CREATIVE" and "MEMORIES" in your auction title is likely to divert eBay search engine users looking for authentic CREATIVE MEMORIES® scrapbooking products to your auction and to cause confusion as to the source or sponsorship of your scrapbooking merchandise.
CM's nitwit paralegal claimed by using the two words the seller was trying to get the search engines to her auctions.
The letter contradicts itself in paragraph one and in paragraph six. You cannot do this but we allow you to do this. What? Inbreeding in St Cloud?
While courts have held that using meta tags to deceive search engines and redirect traffic are infringing, an auction listing doesn't use meta tags and the federal statute does not apply to auction listings. And the seller was accurately describing a product that used the two words but not together.
This is not an isolated incident. How about 'Creative Imaginations 8x8 album with a Magical Memories Theme"? The album is red and has Magical memories on a label on the front of the album made by Creative Imaginations. Creative Memories and Antioch Company told eBay to terminate this auction listing because it violated the rights of Creative Memories and Antioch Company.
And surely Leslie K. Batté, some bottom-feeder
corporate lawyer employed by Porter Wright Morris & Arthur, LLP, has nothing better to
do than to harass sellers. In a cease & desist letter to an eBay seller whom Leslie K. Batté
was accusing of the nefarious crime of copying "proprietary product photographs"
with which to sell genuine Creative Memories items on eBay. What a fine use of the time of a corporate lawyer.
Except for the fact that Leslie K. Batté knows, or reasonably should know, that advertising is not copyrightable and even if the pictures in question were taken from promotional material distributed by Creative Memories, they are not registered with the copyright office (a requirement BEFORE any court action may be initiated) and their use would de minimis as there is no "potential for harm to the market for or the value of the copyrighted work" (see Sony v Universal, 64 US 417,482 - Supreme Court 1984).
First, Leslie, neither Creative Memories or Antioch Company appears to have taken the time to register the copyrights to the pictures involved. Without a registration certificate neither Creative Memories or Antioch Company, or you sweet cheeks, can lawfully initiate a legal action in federal court for copyright infringement. But you knew that, didn't you Leslie.
Second, advertising material, like product descriptions, listing of ingredients, products specifications, product labels and routine pictures of products, are not generally copyrightable because they lack originality. But you knew that, didn't you Leslie.
Third, why does Creative Memories care? Creative Memories has been paid for the genuine product. It is not like Creative Memories is being cheated out of any money. And nowhere does Creative Memories claim the product being sold is counterfeit or inferior or that Creative Memories has received complaints. So why spend the time and energy doing it? Not only does it make Creative Memories appear petty and vindictive, and Creative Memories is certainly both, but Creative Memories is alienating legitimate resellers of the merchandise.
Do why do it? Because you can. Because you want to hurt these people. Because you do not want Creative Memories merchandise being resold by anyone other than an authorized Creative Memories distributor. Did we mention petty and vindictive?
|Then, to try and top the stupidity, the Creative Memories Asylum has been taken over by the inmates. At one time, Creative Memories included the product line from Mrs Grossman in its offering. It appears the was a family spat and now, Creative Memories and Antioch Company, claim it is trademark infringement to offer to sell a collection of stickers that includes stickers from both companies at the same time. Pure, unadulterated garbage this time from the mouth of Reid J. Hornbacher, Staff Attorney, for the sorry-ass companies of Creative Memories and Antioch Company. You folks are a lawsuit just waiting to put you in your place. You have no legal basis whatsoever for this claim or the others.|
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