They finally seem to have gotten around to me :) :) :)

 
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cyohtee
Jihaddi


Joined: 25 Jul 2004
Posts: 7
Location: Evanston, IL

PostPosted: Fri Sep 03, 2004 4:31 pm    Post subject: They finally seem to have gotten around to me :) :) :) Reply with quote

Just received in my email box...

-------- begin paste ------------
To: cyohtee@barbarian.org
Subject: Re: Unauthorized Use of Intellectual Property
From: "Gaf Counsel" <gafcounsel@gibney.com>
Date: Fri, 3 Sep 2004 11:14:38 -0400

September 3, 2004


BY E-MAIL: cyohtee@barbarian.org
AND FIRST CLASS MAIL:
The Barbarian Wine and Cheese Society
1812 Church Street
Evanston, Illinois 60201
Attention: Philip Friedman

Re: Unauthorized Use of Intellectual Property

Dear Mr. Friedman

This firm is counsel to Lyons Partnership, L.P. ("Lyons Partnership"), the owners of the exclusive right to use the copyrighted children's dinosaur character Barney® as well as the federally registered and famous trademark and service mark Barney.

It has come to the attention of Lyons Partnership that you are operating a web site found at URL: http://www.barbarian.org/~cyohtee/dragon.html. Your web site contains copyrighted Barney images.

The materials you are using are the intellectual property of Lyons Partnership. It is unlawful (pursuant to 17 U.S.C. § 501(a) and other laws) to use this property without the permission of Lyons Partnership. These materials must be immediately removed. Lyons Partnership would prefer not to have to pursue legal remedies or contact your Internet Service Provider ("ISP") and inform it of your unlawful use of copyrighted materials (which is presumably a violation of your ISP's terms of service). To avoid this, please provide us with written assurances by September 13, 2004, that these materials have been removed. If we do not receive a response, we will be forced to take other measures to have the content removed.

Please contact the undersigned if you require additional information.[


Sincerely,

GIBNEY, ANTHONY & FLAHERTY, LLP


By: ________________________________
Matthew W. Carlin


--------- end paste --------------

Took em long enpugh. That page (which just links to a couple of other Jihad pages) has been there for years. I notice they also didn't notice the same image they were complaining about is also on my own Jihad page on the same site, even linked to from the page they are complaining about.

I feel like being obstinate. Let em prossecute.
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Calculus
Admin Emeritus


Joined: 08 Apr 2004
Posts: 4
Location: Brooklyn, NY, US

PostPosted: Fri Sep 03, 2004 6:52 pm    Post subject: Reply with quote

IANAL (yet), but they do not have a leg to stand on at all. There's even a very specific case that could be pointed to as precedent - Lyons sued the Famous San Diego Chicken over a comedy sketch that was a parody of Barney, and lost thoroughly.

I can get to that firm's offices to drop off documents, if you like.
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Eleutherios
Spectator


Joined: 19 Dec 2004
Posts: 2

PostPosted: Sun Dec 19, 2004 11:22 pm    Post subject: Reply with quote

You can probably just throw up a disclaimer.

I didn't even know Lyons bothered with those emails anymore.
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