Malice
BMFH
- Joined
- Mar 26, 2001
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For those of you that know me, I LOVE the TV show Firely.
Trully it was a shame that it was cancelled before it really got started.
Well, Universal is actually SUEING the Firefly fans that were trying Guerilla Marketing for the show to get it restarted:
Here's an email intro sure to startle the heart of any Browncoat:
"This firm represents Universal Studios Licensing, LLLP (Universal). As you presumably are aware, Universal owns the valuable copyrights and intellectual property in and to an assortment the theatrical motion picture Serenity and all images contained therein (the Universal Property). [See, e.g., Walt Disney Productions v. Filmation Associates, 628 F.Supp. 871, 876, 878, 879-80 (C.D. Cal. 1986) (defendants use of plaintiffs protected images in defendants promotional trailer, brochures and other materials found infringing)]."
[edit]
"11th Hour Arts offering for sale and sale of unauthorized Serenity shirts may give rise to multiple violations of law, giving rise to various causes of action for copyright infringement, counterfeiting, and unfair competition, among other claims. Recovery on one or more of these claims may include attorneys fees, treble damages, statutory damages, and punitive damages."
-------------------------------------------
The Demand continues, and includes such stipulations that within 72 hours I must agree to: pay a retroactive $8,750 licensing fee; the permanent closing of my shop; turn over any merchandise referring to the Universal Property; and provide the last 12 months complete sales records... there's more, but that's the gist... oh, except for the threat of federal court and the statutory damages thingy of $150,000 per infringed work... don't want to go leaving that part out.
The questionable image in my shop were, for the most part, already pulled down by Cafe Press after the first email notice I got last week. I was then already going through my shop and revising the wording in some descriptions as needed to fully comply with the notification. At present, the only instances where the word "serenity" is mentioned is to explain the translation of the Chinese characters, but without any references to the movie of that name.
I can confidently state that my Cafe Press shop is totally free of any associations with "Serenity" the movie... unless of course Universal now claims ownership of the actual word "serenity", no matter how it is used, both in English and Chinese. In that case, there's a certain adult diaper manufacturer who's in deep doo doo now... pun is like, totally intended...
I'm exhausted, emotionally and physically. I've spent most of the past few days since the notification overhauling my shop. I've put aside all other projects, and haven't gotten that much sleep doing this. I'm actually starting to feel ill... this whole thing is just sickening...
11th Hour
P.S.
I found this particuar excerpt from the Demand rather ironical:
"That, no later than close of business on October 30, 2006, 11th Hour Art agree in writing to permanently cease and desist from the advertising, promoting, marketing, sale or distribution of any products bearing or referring to Universal Property"
Guess that could be seen as Universal telling me to stop guerilla marketing too. Good job Universal, can't be having a loose cannon like me running around promoting Serenity. Think of the damage that could do.
Good bye guerilla marketing posters too?
Hello Serenity Valley.
11th
Well then, once that happened, check this out. The Guerilla marketers fight back with this webpage
Here is a cut of it...
Client Name: Universal Pictures
Services Rendered: Marketing & Promotion
Period: 2005/2006
Billable Fan-hours: 19,821
Amount Due: $1,486,575
Payment Due Upon Receipt
Please submit your timesheet, including your name and total billable hours for marketing and promotion activities.
Last Updated: 28 Oct 2006
Trully it was a shame that it was cancelled before it really got started.
Well, Universal is actually SUEING the Firefly fans that were trying Guerilla Marketing for the show to get it restarted:
Here's an email intro sure to startle the heart of any Browncoat:
"This firm represents Universal Studios Licensing, LLLP (Universal). As you presumably are aware, Universal owns the valuable copyrights and intellectual property in and to an assortment the theatrical motion picture Serenity and all images contained therein (the Universal Property). [See, e.g., Walt Disney Productions v. Filmation Associates, 628 F.Supp. 871, 876, 878, 879-80 (C.D. Cal. 1986) (defendants use of plaintiffs protected images in defendants promotional trailer, brochures and other materials found infringing)]."
[edit]
"11th Hour Arts offering for sale and sale of unauthorized Serenity shirts may give rise to multiple violations of law, giving rise to various causes of action for copyright infringement, counterfeiting, and unfair competition, among other claims. Recovery on one or more of these claims may include attorneys fees, treble damages, statutory damages, and punitive damages."
-------------------------------------------
The Demand continues, and includes such stipulations that within 72 hours I must agree to: pay a retroactive $8,750 licensing fee; the permanent closing of my shop; turn over any merchandise referring to the Universal Property; and provide the last 12 months complete sales records... there's more, but that's the gist... oh, except for the threat of federal court and the statutory damages thingy of $150,000 per infringed work... don't want to go leaving that part out.
The questionable image in my shop were, for the most part, already pulled down by Cafe Press after the first email notice I got last week. I was then already going through my shop and revising the wording in some descriptions as needed to fully comply with the notification. At present, the only instances where the word "serenity" is mentioned is to explain the translation of the Chinese characters, but without any references to the movie of that name.
I can confidently state that my Cafe Press shop is totally free of any associations with "Serenity" the movie... unless of course Universal now claims ownership of the actual word "serenity", no matter how it is used, both in English and Chinese. In that case, there's a certain adult diaper manufacturer who's in deep doo doo now... pun is like, totally intended...
I'm exhausted, emotionally and physically. I've spent most of the past few days since the notification overhauling my shop. I've put aside all other projects, and haven't gotten that much sleep doing this. I'm actually starting to feel ill... this whole thing is just sickening...
11th Hour
P.S.
I found this particuar excerpt from the Demand rather ironical:
"That, no later than close of business on October 30, 2006, 11th Hour Art agree in writing to permanently cease and desist from the advertising, promoting, marketing, sale or distribution of any products bearing or referring to Universal Property"
Guess that could be seen as Universal telling me to stop guerilla marketing too. Good job Universal, can't be having a loose cannon like me running around promoting Serenity. Think of the damage that could do.
Good bye guerilla marketing posters too?
Hello Serenity Valley.
11th
Well then, once that happened, check this out. The Guerilla marketers fight back with this webpage
Here is a cut of it...
Client Name: Universal Pictures
Services Rendered: Marketing & Promotion
Period: 2005/2006
Billable Fan-hours: 19,821
Amount Due: $1,486,575
Payment Due Upon Receipt
Please submit your timesheet, including your name and total billable hours for marketing and promotion activities.
Last Updated: 28 Oct 2006
