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Posted: 5/14/2012 8:48:21 AM EDT
Link Posted: 5/14/2012 9:01:37 AM EDT
[#1]
That sucks, but you own a lawful copyright. Demand all funds they've garnered from sale of those patches.
Link Posted: 5/14/2012 9:03:06 AM EDT
[#2]
Quoted:
That sucks, but you own a lawful copyright. Demand all funds they've garnered from sale of those patches.


Thats my plan
Link Posted: 5/14/2012 9:10:03 AM EDT
[#3]
Well according to this Facebook page the company is in Canada. Good luck.

Oh, and it's OML Patches, not OLM.
Link Posted: 5/14/2012 9:11:15 AM EDT
[#4]
I'm the designer of the Soul Stealer patch, and it was stolen and copied from a product photo by a foreign mfg before I even made the final production run. Can't do anything about it, other than the knowledge that the real one is made to a much better standard of quality via MilSpec Monkey.
Link Posted: 5/14/2012 9:16:53 AM EDT
[#5]
Order the patch for proof and you should get their mailing address with it.


20
Link Posted: 5/14/2012 9:17:28 AM EDT
[#6]
I have some of your original patches and they're awesome. I'm glad I ordered enough to last me for a while.

Good luck defending your property.
Link Posted: 5/14/2012 9:22:19 AM EDT
[#7]
Quoted:
Order the patch for proof and you should get their mailing address with it.


20


Well, that may not be as easy as it seems, either. On the FB page I linked, several people reported ordering $100+ of patches and never getting them. Sounds like a top-notch outfit.
Link Posted: 5/14/2012 9:27:15 AM EDT
[#8]
Wow, the OML ones look rather shitty.
Link Posted: 5/14/2012 9:27:44 AM EDT
[#9]
Website is registered through GoDaddy's proxy service, but you should be able to get around that if they are violating your copyright. You can go here and file a claim.
Link Posted: 5/14/2012 9:30:31 AM EDT
[#10]

China's Most Favored Nation trading status…  






 
Link Posted: 5/14/2012 9:33:33 AM EDT
[#11]
Good luck
 
Link Posted: 5/14/2012 9:38:58 AM EDT
[#12]
Quoted:
Yes my work and design IS regestered with the US Copyright office.

I love you.  You make the lives of IP lawyers easier.  Go forth and do battle.  
Link Posted: 5/14/2012 9:42:53 AM EDT
[#13]
Quoted:
Well according to this Facebook page the company is in Canada. Good luck.

Oh, and it's OML Patches, not OLM.


Thanks for the link, I just ordered a a pile of them!
They are AWESOME!
Link Posted: 5/14/2012 9:43:26 AM EDT
[#14]
Quoted:
Quoted:
That sucks, but you own a lawful copyright. Demand all funds they've garnered from sale of those patches.


Thats my plan


Remember that registration entitles you to statutory damages (up to $150,000 if you can prove willfulness), not merely provable economic losses.  You can fuck them up royally on this.
Link Posted: 5/14/2012 9:51:46 AM EDT
[#15]
I thought I read somewhere a couple years ago that Canada honors US copyright and vise versa. Is this true or did I get my info mixed up?
Link Posted: 5/14/2012 9:55:12 AM EDT
[#16]
http://www.bbb.org/kitchener/business-reviews/internet-shopping/oml-patches-in-cambridge-on-1186866
OML Patches
(519) 249-0232 (Disconnected)
128 Dyer Court, Cambridge, ON N3C 4B9
http://www.omlpatches.com
Link Posted: 5/14/2012 9:58:48 AM EDT
[#17]
Quoted:
I thought I read somewhere a couple years ago that Canada honors US copyright and vise versa. Is this true or did I get my info mixed up?


Not a patent guy; but I did watch a Canadian company sue a U.S. company in what looked like a blatant case of patent trolling to me.  So I would assume it works both ways.

Link Posted: 5/14/2012 9:58:55 AM EDT
[#18]
Draw

copyright

let everyone steal your design and sell it

=

PROFIT!!!!!
Link Posted: 5/14/2012 9:59:23 AM EDT
[#19]
Quoted:
Quoted:
Well according to [url= Facebook page[/url] the company is in Canada. Good luck.

Oh, and it's OML Patches, not OLM.


Thanks for the link, I just ordered a a pile of them!
They are AWESOME!
[img]


<snicker>
Link Posted: 5/14/2012 10:03:37 AM EDT
[#20]
So someone stole your copy of a copy of the MLB logo?
 
Link Posted: 5/14/2012 10:08:44 AM EDT
[#21]
Quoted:
So someone stole your copy of a copy of the MLB logo?  


Link Posted: 5/14/2012 10:10:40 AM EDT
[#22]
Quoted:
So someone stole your copy of a copy of the MLB logo?  


That would be the case if it had a figure if a baseball player, or the likeness of a baseball player or anything to do with baseball, which mine does not, which constitutes it as a "parody". Thus legal.
Link Posted: 5/14/2012 10:20:43 AM EDT
[#23]



Quoted:



Quoted:

So someone stole your copy of a copy of the MLB logo?  




That would be the case if it had a figure if a baseball player, or the likeness of a baseball player or anything to do with baseball, which mine does not, which constitutes it as a "parody". Thus legal.


Just kidding. Should have put a smiley

 
Link Posted: 5/14/2012 10:25:52 AM EDT
[#24]
Quoted:
Quoted:
I thought I read somewhere a couple years ago that Canada honors US copyright and vise versa. Is this true or did I get my info mixed up?


Not a patent guy; but I did watch a Canadian company sue a U.S. company in what looked like a blatant case of patent trolling to me.  So I would assume it works both ways.



Patents are national in scope.  If the Canadian company had a U.S. patent on their tech, or if the U.S. company was infringing in whatever countries the Canadian company had patents in, then the Canadian company could sue.

Copyright is different.  I didn't realize these folks were in Canada.  I'm not up on international aspects of copyright, but you get international rights automatically in Berne Convention countries (most of the world, including Canada, so you're good there).  If their sales are going into the U.S. market, though, then they'd still be infringing Dan's registered U.S. copyright here, so U.S. courts would have jurisdiction (as would Canada's, if you'd prefer to sue up there).
http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works

For U.S. courts, the $150,000 in statutory damages is well above the legal requirement for diversity jurisdiction (first prong of diversity is satisfied by them being Canadian), and anyway copyright is a federal issue, so you should be get them into federal court either way (in case you can't claim willfulness in the complaint for some reason), which is nice.

ETA: oh, shit, I almost forgot to disclaim any attorney-client relationship, this should not be construed as legal advice, talk to a lawyer in your jurisdiction.

EATA:  oh, crap, remember to claim attorney's fees too.
Link Posted: 5/14/2012 1:29:27 PM EDT
[#25]
12345678
Link Posted: 5/15/2012 9:53:04 AM EDT
[#26]
From OML to me:

My daughter (the artist) did a sketch of the zombie from a movie she saw years ago.  In any event, we digitized it and added the glowing eyes to make it look scary.   Did you want the zombie modified in any way?  we can't do much but maybe change the eye colors.
 
We will have a few more zombie patches coming up soon.
 
thanks.

OML Patches


They aren't aware of me knowing yet.
Link Posted: 5/15/2012 9:55:06 AM EDT
[#27]
I hope the O in OML doesn't stand for original.
Link Posted: 5/15/2012 9:56:07 AM EDT
[#28]
Draft cease and desist letter.

Send via registered mail.

Profit.
Link Posted: 5/15/2012 9:58:41 AM EDT
[#29]
that absolutely sucks. the dull will always ride the backs of the creative.
Link Posted: 5/15/2012 10:01:51 AM EDT
[#30]
I hope you get OPM from OML with this.
 
Link Posted: 5/15/2012 10:06:12 AM EDT
[#31]
tag
Link Posted: 5/15/2012 10:10:54 AM EDT
[#32]
Quoted:
From OML to me:

My daughter (the artist) did a sketch of the zombie from a movie she saw years ago.  In any event, we digitized it and added the glowing eyes to make it look scary.   Did you want the zombie modified in any way?  we can't do much but maybe change the eye colors.
 
We will have a few more zombie patches coming up soon.
 
thanks.

OML Patches


They aren't aware of me knowing yet.


lol
Link Posted: 5/15/2012 10:17:38 AM EDT
[#33]
Keep getting them to give you info without them knowing. It will make the lawsuit oh so much more enjoyable.
Link Posted: 5/15/2012 10:18:55 AM EDT
[#34]



Quoted:


Keep getting them to give you info without them knowing. It will make the lawsuit oh so much more enjoyable.






 
Link Posted: 5/15/2012 10:21:10 AM EDT
[#35]
Tag to see where this goes. Good luck!
Link Posted: 5/15/2012 10:25:11 AM EDT
[#36]
Taggage for beat-down hilarity to ensue.....
Link Posted: 5/15/2012 10:25:58 AM EDT
[#37]
Link Posted: 5/15/2012 10:27:57 AM EDT
[#38]
Good luck.
Link Posted: 5/15/2012 10:29:51 AM EDT
[#39]
IN




Link Posted: 5/15/2012 10:31:22 AM EDT
[#40]
Boomarkred
Link Posted: 5/15/2012 10:36:28 AM EDT
[#41]
Quoted:
Boomarkred


Dog-eared.

Link Posted: 5/15/2012 10:55:37 AM EDT
[#42]



Quoted:




much better standard of quality via MilSpec Monkey.


MSM makes good stuff. Send him your business.
 
Link Posted: 5/15/2012 11:02:09 AM EDT
[#43]
Tag for outcome.
Link Posted: 5/15/2012 9:47:33 PM EDT
[#44]
I take every opportunity that OML comes up to post a link to my ordeal (review posted 7/22/2010) with them so that everyone knows how much they suck and to avoid them.

Here's to sticking it to them!
Link Posted: 5/15/2012 10:38:30 PM EDT
[#45]
Quoted:
From OML to me:

My daughter (the artist) did a sketch of the zombie from a movie she saw years ago.  In any event, we digitized it and added the glowing eyes to make it look scary.   Did you want the zombie modified in any way?  we can't do much but maybe change the eye colors.
 
We will have a few more zombie patches coming up soon.
 
thanks.

OML Patches


They aren't aware of me knowing yet.


Nice, I'm keeping an eye on this one. Good luck.
Link Posted: 5/15/2012 10:43:52 PM EDT
[#46]



Quoted:


From OML to me:




My daughter (the artist) did a sketch of the zombie from a movie she saw years ago.  In any event, we digitized it and added the glowing eyes to make it look scary.   Did you want the zombie modified in any way?  we can't do much but maybe change the eye colors.



We will have a few more zombie patches coming up soon.



thanks.



OML Patches




They aren't aware of me knowing yet.


Till some ratfucker here gives um a heads up

guess if it was me I wouldn't have started a thread about this myself



 
Link Posted: 5/15/2012 10:47:22 PM EDT
[#47]
Tag for lifetime supply of bagged milk

Posted Via AR15.Com Mobile
Link Posted: 6/18/2012 5:15:49 AM EDT
[#48]
No update?
Link Posted: 6/18/2012 5:22:07 AM EDT
[#49]
Dangerdan, DangerJ wishes you the best in getting these thieves.

ETA: Didn't we have this issue a year or two ago? I feel like another member had a patch design ripped off by some other company?
Link Posted: 6/18/2012 5:28:10 AM EDT
[#50]
good luck buddy..... thieving fucks
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