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Indie Law, LLC|
and Joey Cesare Vitale, Esq
Hall Of Shame Member
Added September 20, 2017
Last updated -February 27, 2018
Joey Vitale's on-line tripe titled "Fabric Crash Course" began at 1900 central time, September 18, 2017. Perhaps he meant well,
or thinks he meant well, but his presentation was error-filled and mostly misleading. We think the correct title for the error-filled legal mish-mosh
should be, "Joey Vitale's Licensed Fabric Crash & Burn Course."
Click Here for the transcript of the fabric crash course with our comments and court cases. .
Sadly, he needs many speech lessons to eliminate the many "uhs", "ums" and the regular "Got it!" that he punctuated his distracting on-line reading with his faulty dissertation.
And his Fabric Crash Course appeared to be nothing more than a thinly veiled pathetic grovel for business. It was filled with errors and useless redundancy and seemed more interested in getting social hits than a clear presentation. Interestingly, his former employer, Behr, McCarter & Potter, P.C., does not list intellectual property as one of their areas of practice. Perhaps Joey Vitale got his trademark and copyright training at Billy Bob's BBQ & Legal Academy & Taxidermy.
|"Steer clear of reselling licensed fabric". Really? Straight from the lips of the Grand Wizard, Joey Vitale. We sold licensed fabrics for years and when threatened, we sued Disney, Major League Baseball, United Media (Peanuts fabric), Debbie Mumm and Sanrio (Hello Kitty fabric). ALL wanted to settle rather than fight the issue in federal court. Joey Vitale ignores these cases which were pointed out to him on-line before the Fabric Crash Course.|
|Click here for our lengthy page on Licensed Fabrics. We cite federal court cases and our personal experience going into federal court when we sued Major League Baseball, Disney, Sanrio (Hello Kitty fabric), United Media (Peanuts fabric). We were pro se, that is - we represented ourselves. Every one of these companies were, and still are, billion dollar companies. When we fought back every one of them wanted to settle instead litigating the issues in federal court. We think it is safe to say we have been in federal court a lot more times than Joey Vitale.|
|The Great Fabric Crash Course of 2017 was a rambling, self-aggrandizement and of little practical value. Joey Vitale contradicted himself numerous times and made many confusing statements. We are in the process of deconstructing his sales pitch and we will post it when done. Ah, as of February 22, 2018, the Great Course is posted complete with our comments, mostly unfavorable, and court cases to support our position. Click Here to begin reading it.|
|The Great Fabric Crash Course Transcript|
|We have posted a transcript of the infamous "Fabric Crash Course". Why would we do so and submit you to such torture? Because, on February 20, 2018, we received this excerpt from a sewing blog.|
Joey from Indie Law did a presentation a few months ago about using licensed fabric and trademarked designs. It's definitely worth the watch if you're interested. The gist is though that licensed fabric is intended for personal use, unless you are paying royalties to the parent company. First Sale Doctrine doesn't protect you from being sued, it is a defense that you can use in court and it's up to a judge to determine if first sale applies to your case or not. Typically, first sale only protects you if you are not modifying the product in any way, like if you bought 5 yards of fabric, and resold those 5 yards of fabric at a mark-up. Large companies like Disney or LV are betting that if they send you a cease and desist, that you'll stop selling their product. If you don't, and they take you to court, they have unlimited resources to throw at your case, you do not. It's not worth the risk that a judge will side with the plaintiff, because you will be bankrupt. Even if you win you're going to be out a lot of money in legal fees. It's better to come up with your own designs..
|Some of that garbage came from Joey Vitale and it is likely it just reinforced the blogger's personal beliefs on the subject. The blogger was using Joey Vitale's name and law practice to spread false information about licensed fabrics. In rebuttal, we have deconstructed Joey's "Fabric Crash Course" and have it posted CLICK HERE|
It seems that Joey is quite dismissive of any arguments that contradict his firm beliefs in his mantra. We have screen shots of his
rebuttal of critics of his Great Fabric Crash Course of 2017.
Click here for page 1 to see and read what happened.
Click here for page 2 to see and read further exchanges.
We break the "critics" portion into two pages so they load faster. We also provide links to the court cases we quote.
|Holy Cow, Batman! We Received A Cease & Desist Over This Page!|
On November 1, 2017, we received an email titled "Re: Cease and Desist | Notice of Potential Litigation and Damages" from some
personal injury and unlawful death California-based lawyer named Jon Mitchell "Mitch" Jackson who signed the email as a
"Senior Partner, Jackson & Wilson Inc". Since it seems there are only two lawyers at this firm it strikes us as a bit pretentious to call oneself
"Senior Partner". But then, the cease & desist was also somewhat pretentious. Actually, it was dripping with pretentiousness.
Click here for the pompous cease & desist in its entirety. For your viewing
pleasure we are also including our response to the pompous cease & desist.
Click here for our response. Dear "Mitch" was too cheap
to actually send us a hard copy vis US Mail. Since we declined his generous demand to remove all mention of Joey Vitale and Indie Law from these pages
we await his pleasure.
By an odd coincidence, the Fabric Crash Course pod cast has disappeared from the Indie Law web site.
Just a big fat FYI to "Mitch" Jackson, we provide you with a link to the unanimous Colorado Court of Appeals decision, NO. 02CA1331, dated October 9, 2003, where the Colorado Court of Appeals stated, "Defendants contend that [their] website constitutes protected speech or press under the First Amendment. We agree." Click here for the full decision.
And Mitch, we know how busy you are so we are willing to provide you with a list of Denver-based law firms who in the past have represented companies that declined to fight the issues in court after we sued them. It's quite a list.
We wondered why Joey Vitale would seek an attorney in California, a personal injury and unlawful death one at that, until we discovered these two
have a mutual admiration thing going, what some people might call a "bro-mance", which could be accurate. "Mitch's" legal partner does not
appear to share his fascination with Joey Vitale so we'll leave her out of this discussion.
Joey and Mitch are engaged in the unseemly practice of leaving each other glowing testimonials, which we regard as disingenuous. But again, they are both lawyers, so what else is new?
|The following examples were found using google. There were some duplicate site hits and more than a few YouTube sources. We have not taken the time to view the many YouTube videos that show both Vitale and Jackson in the same clip.|
For Example #1 of the Bro-Mance from mitchjackson.live on Facebook Click here.
For Example #2 of the Bro-Mance from Indie Law's Index Page Click here.
For Example #3 of the Bro-Mance from YouthHealth2011.com Click here
For Example #4 of the Bro-Mance from LegalMinds.Lawyer Click here
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