My first potential lawsuit!

    Well, it's amazing I've lived in the States for all my life, and haven't been sued yet.  Well, my luck might be running out soon.  This time, it's our favorite multi-national conglomerate LEGO(tm) group who is wasting their time with papers full of legal mumbo jumbo trying to bully some kid (me) to obey their will.

    So here's the deal:  We have been selling T-Shirts on our band's website for quite some time that look like this: In case you can't tell, the image on the shirt is the same one as my avatar that I use on my website, gthing.net and on almost every post I write around livejournal and elsewhere.  I took the picture almost 2 years ago.

    So today I got a letter from cafepress (the people selling t-shirts for us) and LEGO's(tm) legal group "Fross Zelnick Lehrman & Zissu, P.C."  Of course, you can read the letter for yourself here.  For those of you who don't want to read it, here are some highlights:

    "Notwithstanding our client's exclusive rights in the foregoing, our client has recently learned that, on the website www.cafepress.com, your company was offering for sale throughout the U.S., without our client's permission, t-shirts on which are depicted two-dimensional images of figures that are obvious imitations of our client's famous Minifigures, and that capture the overall appearance of such Minifigures.  Moreover, your listings incorporate the LEGO Mark in the descriptions.  Upon our request, and in accordance with its Intellectual Property Rights Policy, CafrePress.com has removed your listings from its site."

    Furthermore, they ask that I destroy all stock of such items, and provide them with proof that those items were destroyed.  I am to respond by June 27th or they will "have no alternative but to seek recourse in another forum."

    The cafepress email basically said "hey we don't care if you did it or not, but LEGO(tm) is bigger than you, so we're taking it down for now until you work it out with them."

    The funny thing is, the image is not even of a lego man at all.  Anyone (especially LEGO(tm)) can see the obvious difference upon inspection.  So I provide you, my reader, with a comparison of the two figures.

    TOFU MAN:  The Tofu man figure was purchased by my sister in Taiwan I given to me as a christmas gift.  It's roughyl three inches tall (much taller than a lego man).  The size is the most obvious difference.  The other obvious difference is the feetm which are rounded and have holes in the top, while lego man's are square and have a square hole in the bottom.  Tofu man's arms are much bigger, and oh yea Tofu man has a big freakin square head.  Observe:
DSCF0749
You can click to see a larger picture.  Here is a lego man, so you can compare:
McDonalds_Man
The pelvis is much different, and the arms are shaped quite a bit differently. 

    Also, the tofu man bears a logo from the company who made it (not lego).  Behold:
DSCF0748

    If LEGO(tm) should be pissed at anyone, it's the Lynke toy company in Taiwan, but whatever.

    So for now, our t-shirts are no longer for sale, not that anyone was buying them anyway.  I will cooperate with LEGO, most likely - not because they're right, but because fighting it is pointless and would consume my life.  I will certainly keep you posted, though.

    Most of all, I'm just honored that LEGO(tm) took the time to single me out and beat me up a little bit.  I wonder if anyone over there listened to our music. 

*Lego is a registered trademark of whoever owns it, which is not me.

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11 comments so far:

bowtothetallone (not verified) says: This makes me really want a

This makes me really want a shirt now. O_O

brittanijean (not verified) says: "In addition, your use of

"In addition, your use of our client’s famous LEGO Mark and Minifigures is likely to tarnish our client’s business reputation and will dilute the distinctive quality of the foregoing, all of which became famous long prior to the time when you commenced any use thereof or imitations thereof."

That's definitely the best paragraph. You really wanted to tarnish their business reputation didn't you?! That's the whole reason you sold those shirts!

You better stop diluting their distinctive quality!

gthing (not verified) says: to be clear, in one of the

to be clear, in one of the items descriptions, I wrote "that guy kinda looks like a lego man." So they're pissed off about that too.

xxdiaxx (not verified) says: i hope you're going to tell

i hope you're going to tell them all that shit in your response letter.
if you need legal help my dad's a lawyer i can hook you up.

xxdiaxx (not verified) says: oh and hes been doing

oh and hes been doing patent/trademark work for a long while now so he'll know what hes talking about

gthing (not verified) says: oh I woudlnt mind his input,

oh I woudlnt mind his input, for sure. My dad's a lawyer so he's drafting a letter for me to respond. Basically I'm going to say "we did not infringe on your trademark, but we will cooperate because you're big and scary looking."

innocentsheep (not verified) says: Too bad, it was an amusing

Too bad, it was an amusing logo.

By the way... (not that I want to change anything)
I don't think I ever asked why you added me to your friends list.
Just a thought :)

xxdiaxx (not verified) says: he said basically they can

he said basically they can sue you for trademark infrigment because your t-shirts picture, although not a lego man, would be "Confusingly Similiar" to the consumer. He just finished up some case where Auto Zone was suing Collision Zone because they both had Zone in the name, and the judge ruled that Confusingly similiar crap. Its lame i know.

gthing (not verified) says: I'm sorry, but I am going to

I'm sorry, but I am going to have to sue you. Your reffering to your father as "dad" is confusingly similar to what I call my dad. I wouldn't want to get the two confused. Expect papers to be served within a few days...

:)

anonymous (not verified) says: All such suits (if done

All such suits (if done properly) are just an effort to keep people from cashing in on someone elses fame. If your guy looks enough like a lego guy that his cuteness is based on that, then they have a case. Same as they cant take a picture of you and modify it slightly, then use it to make money mentioning you.

The "cease and desist" orders are the lightest thing I see. And in many cases it can even be avoided by just asking permission first. ON the other hand, some CP shopkeepers are getting slapped with really stupid lawsuits (worse than this one, really) that try for one million dollars from every shopkeeper using really common english word combinations that NOBODY would connect to any company. I think CafePress might have gotten abit too noticable and I notice they have stopped bragging on their website about how big they have gotten.

Gandalf Parker

anonymous (not verified) says: Hi! well you see i have I

Hi! well you see i have I have trademark problem but this is Musicians trademark name I own the trademark registration (class041) and someone else is using my trademark band name. Do you think your dad can help me on this one?
can you or you dad can reply to my personal email at: eternoamor@netzero.com.

thanks.

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