Buyer Beware! Bogus pendants at the Hukilau...and in NZ! Major Update Pg. 5!!! - General Tiki

TM Tipsy McStagger Tiki Socialite HELL Joined: Nov 21, 2004 Posts: 3685	TM Tipsy McStagger Posted posted on Thu, Jun 19, 2008 11:07 AM On 2008-06-19 09:39, Tiki Zen wrote: While I certainly agree with Tipsy's emotion about the theft of your proprietary design, I wouldn't recommend grabbing up the knock-offs from the table and inviting them to call the police, as you will likely be arrested for theft. You can bring a legal action for infrigement on your intellectual property and obtain monetary damages, but you don't have any legal standing to exercise "self-help" in confiscating what is someone else's physical property. ..though sincere in content, the basic scenario i proposed above was meant to be semi-humourous to a degree.....you are right, though....but unfortunately alot of artists do not have the scratch to defend themselves legally in a drawn out court case (thanks largely in part to democrats and liberals wanting to tax us out of existence or share our hard made money with less fortunate folks too stupid to make their own living-but i digress)... anyway - back to my program.... though you may not confiscate them, there is no law against standing next to a booth and discouraging would be buyers from purchasing these knock-offs by intimidation or through announcing to the buyers that these are copies (while also having documentation on hand to prove it....the end result will be the vendor having to close down his booth, in hopes you will go away....at least you can prevent them from making a buck by causing a big scene, if you can't actually remove the items...i say embarass the hell outta them... which leads to the philisophical question: Is it really stealing, if the impetus to create these items belonged to the original artist in the first place??? I mean, this guy would not be selling these designs in particular if not for the original artists design....this seller would not have thought this up on his own in a million years..so i don't see how he can lay claim to any of it...I know according to the law it probably would not be seen that way but it doesn't mean the law is always right....

On 2008-06-19 09:39, Tiki Zen wrote:
While I certainly agree with Tipsy's emotion about the theft of your proprietary design, I wouldn't recommend grabbing up the knock-offs from the table and inviting them to call the police, as you will likely be arrested for theft. You can bring a legal action for infrigement on your intellectual property and obtain monetary damages, but you don't have any legal standing to exercise "self-help" in confiscating what is someone else's physical property.

..though sincere in content, the basic scenario i proposed above was meant to be semi-humourous to a degree.....you are right, though....but unfortunately alot of artists do not have the scratch to defend themselves legally in a drawn out court case (thanks largely in part to democrats and liberals wanting to tax us out of existence or share our hard made money with less fortunate folks too stupid to make their own living-but i digress)...

anyway - back to my program....

though you may not confiscate them, there is no law against standing next to a booth and discouraging would be buyers from purchasing these knock-offs by intimidation or through announcing to the buyers that these are copies (while also having documentation on hand to prove it....the end result will be the vendor having to close down his booth, in hopes you will go away....at least you can prevent them from making a buck by causing a big scene, if you can't actually remove the items...i say embarass the hell outta them...

which leads to the philisophical question: Is it really stealing, if the impetus to create these items belonged to the original artist in the first place??? I mean, this guy would not be selling these designs in particular if not for the original artists design....this seller would not have thought this up on his own in a million years..so i don't see how he can lay claim to any of it...I know according to the law it probably would not be seen that way but it doesn't mean the law is always right....

Post #388134 by Tipsy McStagger on Thu, Jun 19, 2008 11:07 AM