Re:Ebay problem you guys gotta read

After a long time thinking on this I sent the following message to SAC's lawyer. Thanks to Mark Schynert for the doctrine of laches and DC comics part.Know it won't change anything but hey their fight is with Revell. Hub

Mr. Pasulka: My email was to give you a point to see if there were any agreements or in older days permission granted to a model company(license agreements were not always required in the old days). Aurora was bought by Monogram in the

1970's and they in turn by Revell in 1990's.

While I do understand protecting SAC property, do you have any idea just how much BAD publicity your action against this one lone ebayer has generated for SAC? It is the talk of most model websites and newsgroups and I can tell you that you and SAC are not coming out on the good end of this.

Personally I don't care as I don't build models of eggbeaters anyway but the amount of bad press you and your company are now getting is enormous. Next you will probably go after models of Sikorsky's(Igor's not SAC's) WWI aircraft designed and built in Russia. By taking on a guy on ebay and not the company that produced the item you are creating a good David vs. Goliath story that news media loves to spread. You and SAC will come out looking like the bad guys no matter what you do.Have you ever heard of the doctrine of laches. How would you feel if modelers started a class action in federal court against Sikorsky and you personally for restraint of trade for attempting to assert alleged rights that have lapsed due to willful inattention (old kits not one of new designs). In fact Sikorsky is using a comic book company's(DC) service mark or trademark with Blackhawk which has been around since the 1940's, and SAC probably owes the publisher a fortune for infringement using your logic.In the '60's, '70's and '80's aircraft and auto makers wanted and even PAID model companies to do models of their products as they saw it for what it was FREE ADVERTISING and also helped with name recognition and product association(Ah, for the good old days)This is just pure corporate greed, your fight is with Revell and not Joe Schmo who bought the kit decided not to build it and now wants to sell it. And corporations don't understand while they are reviled and held in contempt. It is for petty crap like this.

Again, I don't really care as I build models of things with wings but you have just insured SAC of bad publicity for a long time coming. Our litigious society is really sad.And all this is from a conservative republican!

FWIW Hub

Reply to
Hub & Diane Plott
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Way to go Hub!

Bill Banaszak, MFE

Reply to
Bill Banaszak

tell him his mom dresses him funny, too.

Reply to
e

I may do that myself. E-bay just took down my auction for Revell Kit #H-258, you know the CH-64 built by a once-famous, now infamous, egg-beater company.

Bill Banaszak

Reply to
Bill Banaszak

They pulled my Tamiya 1/100 CH64 after it ended.. I used the "S" word in the discription.

J.B.

Reply to
Jer038

this is way too far. the lawyer morons litigate anything just for a fee. i think we should all email mr putzhisface and explain what bad pr is.

Reply to
e

Perhaps a variation on the trademarked names would do? How about Sh*tskorsky? Or Sik*orsky, or Sikorski. How about the (Boeing) Chinook as its name from Vietnam - Sh*thook? Wonder if the lawyer types would find these?

BB in Canada

Reply to
Railfan

I assume they can't touch the groups and forum For Sale posts????

Craig

e wrote:

Reply to
Craig

If you obscure the meaning of a seller's post to the point that Sikorsky's remora can't recognize it, neither can potential buyers. You're only hope is to flood EBay with the words "Sikorsky", "helicopter", "Black Hawk", "S-[anything]" and so on. "Igor Sikorsky would love this model!" "VW Vanagon as seen in Sikorsky parking lot." "Blackhawk-convertable XF5F." "S-64 never flew like this F-100." "S-43 was larger than this Fairchild Model 91." "Helicopters come with this USS Enterprise kit."

Or you can sue them for restraint of trade. Not very economical, unless you can find a sugar daddy.

Mark Schynert

Reply to
Mark Schynert

in article i17wb.35360$ snipped-for-privacy@ursa-nb00s0.nbnet.nb.ca, Railfan at "fundynorthern"@ NO SPAM lycos.com wrote on 23/11/03 18:30:

Looks like the way I spel things anyway!!

Reply to
Rory Manton

From what I understand, it is not only the name, but the actual non-licensed helicopter model that represents one of their intellectual products. Any use of their trademarked company name, likeness of their aircraft and the accepted name of said aircraft.

I for one, like the idea of hiding the name in any auction using the white on white text trick or placing the words "not Sikorsky" in the body of the message. Rob Gronovius Visit my motor pool in the

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Reply to
Rob Gronovius

There is no way whatsoever they can touch the newsgroups. It just can't really be done effectively. Forums like Hyperscale do pose a different problem as they could theoretically sue them to take down the ads. Ebay is different altogether, since they are making a commission on the sale, they expose themselves to paying damages and penalties, since they benifited from the sale. Lawyers always go for the deep pockets and Ebay's will always be the deepest in this type of matter.

John Benson ------------------------ IPMS El Paso Web Guy

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Reply to
John Benson

Yeah well, I'm so upset I'll *never* buy one of their dammned helos again.... and I urge you all to do the same! :-)

RobG (the Aussie one)

Reply to
Rob Grinberg

So why not turn him onto newsgroups and ensure every post has a Sikorksy styled word in it? Remember how some net users rebelled against ECHELON? Why not do the same here, keep Mr Trademark Attorney busy.

I'm sure the US has a similar "no win, no pay" legal profession. Some love these David and Goliath cases merely for the publicity it brings them, and hopefully the higher paying clients.

Reply to
The Raven

Daytime TV here is full of this trash, all dying to sue the pants off any doctor or employer who might have injured someone for which they get big awards. The percentage some of these slimeballs get is ridiculously high. I've heard as much as 66%. No wonder the lawyers are driving doctors out of business here in Pa.

Bill Banaszak, MFE

Reply to
Bill Banaszak

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