From: Arcadia (arcadia@lynchburg.net)
Date: Tue Apr 30 2002 - 16:59:25 MDT
----- Original Message -----
From: "Eveline Lubbers" <evel@xs4all.nl>
To: <nettime-l@bbs.thing.net>
Sent: Monday, April 29, 2002 10:24 AM
Subject: <nettime> logo war & parody
>
> Interesting case.
> Has anyone heard of other companies trying to fight
> use of their logo on activist' sites?
> (apart from RTmark/Yesmen related cases - those I know!)
> gr
> eveline
>
> Eyeforenergy wants A SEED to remove a parody of their logo from our
website. But
> who the fxxx do they think they are? Why do we have this logo on our site?
And
> why aren't they as 'unbiased' as the say? The full story at
> http://www.aseed.net/eye/conversation.htm
>
> Introduction
>
> Eye for (an) Eye: Defamation and Illegal practices in perspective
>
> On the Tuesday the 23rd April, A SEED received a phone call from
Eyeforenergy
> asking us to remove their logo from our website, citing the reason that we
were
> using their logo illegally and hence contravening trademark laws in the EU
and
> Europe.
>
> Next day, wednesday the 24th of April, they contacted our webserver
Antenna, by
> phone and a lot of emails. If the logo isn't removed within one day they
will
> start a legal action which may result in both our and other Antenna sites
being
> shut down, 'until the problem is sorted out.' And at the end of this email
> shamelessly try to show their good intentions towards the world: "This
would end
> up not only taking down A SEED's presence on the web, but no doubt other
> non-profits as well. It would seem that would be counterproductive to the
aims
> of the organizations you support." Moreover they changed the charge at
bit; it
> is not their logo that is the problem but the version where we changed the
text.
> According to them the A SEED website "contains defamatory and illegal
content,
> the main offender being an altered version of our logo, which contravenes
> trademark laws throughout the EU and Europe."
>
> At this moment we are searching for information about this issue and what
rights
> and choices we have. Quite a few people have been helpful, and for our
'problem'
> we have received different kinds of advice. Another problem is that we
don't
> have money (and don't have people and time) for a court case. For now we
removed
> the pictures from our host, Antenna. They support us but don't have money
for a
> court case either. Instead of hosting the pictures at Antenna we just have
links
> to other places, so the site still looks the same. This will change the
legal
> situation, but we aren't safe yet (see case Deutsche Bahn against Xs4all
and
> Indymedia.nl). Our argument against Eyeforenergy is this is satire and not
their
> logo. As long as you don't use this for making profits, this has never
been a
> problem. But whatever happens afterwards, we will make sure Eyeforenergy
will
> get some bad publicity because of this. (Ha, Ha)
>
> ---cut--
>
> _______________________________________________
> Pandora, being too curious for her own good, opens a forbidden box,
> and all the Evils of mankind fly out...
> Similarly, the Pandora Project intends to crack open the PR industry and
> spread its noxious secrets to people everywhere.
> -
> The Pandora Project - Pandora@oudenaarden.nl
> http://www.oudenaarden.nl/mailman/listinfo/pandora
>
> ------- End of forwarded message -------
>
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