Fail Campaign Friday: Cease and Desist Woes

Permit ’s Talk About Trademarks

Below are a couple of screenshots from our conversations. You can obviously see that since I pushed into really get the trademark ID # to search it ends up they don’t possess a signature they have a Service Mark. As I say at the mails which they simply stop reacting to to them this is different than the usual signature. Certainly it was a complete B.S. C&D that they were trying to enforce by threatening corporations over a trademark they don’t actually hold.

Facebook T-Shirt Insight

Promoting the Product

Although I was very upset at the time of the happening I do still believe that they have a fairly good program within at Tee Spring and may envision myself working with them later on if I saw the chance to sling a little more tees. I was definitely a power seller at the tee-shirt arena it was just an area I had been experimenting on an Aff Playbook 30 Day Follow Together (Forum Members can go search for Mike’s 27 Day Challenge to see all of my top designs).
My final Fail Campaign Friday post Neighborhood Town T-Shirts promised a follow up t-shirt campaign so here it is! This post is all about a fast shirt design which ended up losing me over $400 within an infringement case.

 Would I Use Tee Spring Again?

I then encouraged the T-Shirt

Ultimately in the 7 day t-shirt effort I ended up promoting like 65 T-Shirts at $20 a piece.
Below there are trademarks for the “ Ultimate Warrior ” that do not call out clothing in any respect you are able to see in the pictures. They tried to find this trademark and were rejected. So although they do have a situation for “Ultimate Warrior” not being on a top it isn’t possible for them to claim possession. They further assert that they have the signature to the face paint image when the trademark on the list that had some relation to my shirt’s facepaint picture is a trademark. That specific trademark had an illustration of the Ultimate Warrior onto it and may be deemed that the drawing in his face could hold trademark relevance over my picture …but waitit’s an expired/dead trademark so that’s irrelevant. Unless you live in the make believe world of legislation that Ultimate Creations (that the supreme Warrior’s licensing company) and Tee Spring live in.

So I basically made a fast design using a digital assistant I worked with. It had been the outline of the facepaint the wrestler would wear with the words “Warriors. Now I don’t really remember this being a tagline or something but I remember hearing a couple times in movies.
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Let’s Try Not To Repeat Truth

I want to be apparent that Tee Spring did exactly what I would expect a corporation to do. They got an overall petition in from your Ultimate Warrior’s licensing firm who threatened to sue and made a broad bullshit claim about trademark violations, so Tee Spring axed a bunch of campaigns. What Tee Spring probably should have done would be pickup the phone or send an email and allow folks who’d receptive campaigns (particularly those with earnings ) and straighten out things. I harbor an effort runs because because it pissed me off a lot.
Can you see my previous post Fail Campaign Friday: Local Town Shirts?
Warrior T-Shirt
Warrior Likeness
Now I asked to get a copy of the C&D (they refused to provide me) and tried leaving my situation which they didn’t care for. They were kind enough to provide me the licensing company’s information that complained though. Tee Spring gave me the recommendation “Well in case you’re not in any violation just relaunch the campaign”… These men know the affiliate product and in the time would honestly talk with you about the way to prevent trademark issues, yet they demonstrated zero remorse for the $400 in ad spend I only ate because their legal group didn’t have the balls to invest 15 seconds and listen and make an educated choice.
I am no stranger to getting cease and desists (C&Ds) and over the years I have gotten fairly good at understanding what you can lawfully can and can’t perform if it comes to this type of material. I’Id had my own fair share of digital millennium copyright act (DMCA) asks I have fought with valid support or adhered to accept downs if they were justified. The important thing to note is that just because somebody thinks you did something incorrect, doesn’t believe you actually did. Regrettably Tee Spring had shown me they didn’t give a crap for their affiliates and only axed my effort.

More Tee Shirts

WW Capture
Facebook Page Insights
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So Steve essentially says they own a Service Mark not a Trade Mark….ugh. There’s a massive difference between SM & TM. To makes claims which a TM when you own a SM is owned by you are two very different beasts. Clearly this guy didn’t understand exactly what he talked about and only tried to frighten people away.

I am well aware of the dangers of violating a trademark (I mention that in my preceding t-shirt posts) and before I launch anything that I do a solid search from the governments handy dandy  Trademark Electronic Search System. This instrument from the United States Patent & Trademark Office makes it simple to learn for what applications and what’s trademarked.
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Please remember that a trademark must define applications. For instance “Ultimate Warrior” is a legitimate signature for amusement purposes (specifically in professional wrestling). This means that they have the right to use the wording “Ultimate Warrior” in those specific cases. However that use trademark does not signify that it protects out of being the name of a food item or something of another character “ Ultimate Warrior ” beyond what’s defined in the trademark.

So that the morning after the departure of one of my childhood heroes I opted to start a top campaign. Now I want to be clear that I think it is possible to be classy and in an event such as a death of a public figure which may be trashy. Attempt to deceive people or I wouldn’t ever attempt to gain off a passing by making claims like “ He died with you with a shirt to him ”. Personally, I overlook ’t find something wrong with boosting products which could be during a departure of someone of a greater interest. I do however believe you shouldn’t embellish on things that are negative. As an instance when a second Wrestler stated and passed away folks were making shirts “Don’t do Cocaine” and the likes. That is pretty trashy in my view and that I wouldn’t endorse such activities.
Promoting the top cost more money which I anticipated but I turned a profit.
warrior-stuffed-dollAbout April 8th of 2014 a wrestling fanatic out of my previous, The Ultimate Warrior, passed off. I can’t even begin to tell you how much my friends and I had been into pro wrestling if we’re younger. Practically every t-shirt we possessed featured a wrestler (besides the obligatory Dragonball Z t-shirt of course), walls had been covered with posters of Wrestlers, we attended tons of live events, watched every Pay-Per-View, etc.. My friends and I had filled pillow that we would practice wrestling slams with. One year, my friend got a size Wrestlefest arcade system, his parents have been the greatest.

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As mentioned before I understand from a compliance/risk view why this effort was cancelled by Tee-Spring on me. I was just very mad that they had been pitched as the affiliate place that is and when I wanted some support beyond a ‘ change this colour ’ petition, they didn’t care.

To foster the shirt since you can see below, I launched a facebook that was quick and encouraged a single post. I had been getting $0.01 costs per engagement and I think I ended up paying like $100 boosting the first page article that got about 3,000 page enjoys.
So the campaign was about over and that I was looking at earning the $700 range and I’d spent about $400 complete in advertisements. I literally had like 4 hours left on the campaign and I received an email saying all orders will be cancelled and that the campaign was suspended because of a trademark violation.

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In an effort to have this happen. I tried speaking to Steve from Ultimate Creations. Steve was quick to try and threaten and belittle me. “Why would you wish to exploit someone. Allow me to clarify that Steve has zero problems exploiting somebody ’s passing, he wants to be certain that he is the one making topics not you and the money off it.
SAAAAAY WHAT!?!