Re: Re: Trademark infringement

Subject: Re: Re: Re: Trademark infringement

Comments:
: : : I write newsletters for my jewelry store and occasionally I award corporate malefactors "Dilbert points" for their actions. For example, the bank that charged me to deposit cash and american Express, which charged me to send me a statement telling me how much they charged me, each got 100 Dilbert points. : : : I applied for permission on Dilbert.com to use a Dilbert image to accompany reprints of these articles, mentioning the Dilbert point business. The next thing I know Dilbert's lawyers are all over me with cease and desist on the Dilbert points. I can't afford to fight them in any case, but I'd like an opinion whether my use of "Dilbert points" protected under fair use, parody, first amendment, etc. Can I switch to awarding Scott Adams points? : : Dear Joe, : : I cannot tell from what you say what ground the legal objections are based. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 3008 Johnson Ave., New York, NY 10463 : : 7185430266, aus@auslander.com : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® : Mr. Auslander : Here's what dilbert's lawyers said: : UFS [United Feature Syndicate]will not grant you permission to use any DILBERT® images or other copyrighted images. Additionally, your communication to our client has made it clear that you have been utilizing the DILBERT® name for your “Dilbert Points” system without license from UFS. This use of the DILBERT® name is an infringement and dilution of our client’s rights and constitutes unfair competition under federal and state laws. : On behalf of our client, we demand your immediate and permanent cessation of any and all uses of the DILBERT® name, likeness and other comic strip characters and works copyrighted by UFS. : Threatening to squash the little guy with ruin-your-life legal bills works. I ceased and desisted and they closed the case. However, I sent the following e-mail to Scott Adams: : Subject: Dilbert points for Dilbert : He hath taken his name in vain, sayeth the lawyer. : Sorry to bother you with this, but it strikes to the heart of everything I think you stand for. : I write newsletters for my jewelry store and occasionally I award corporate malefactors “Dilbert points” for their actions. : For example, the bank that charged me to deposit cash and American Express, which charged me to send me a statement telling me how much they charged me, each got 100 Dilbert points. : I’m doing a composite newsletter and I thought it would be cool to have a little snapshot of Dilbert for the reprints of these articles. So I went on your web site and applied for permission. : The next thing I know, your lawyers are all over me for the Dilbert point business with a bunch of cease and desist legal Mickey Mouse (shh...don’t tell Walt). And here I thought Dilbert would be honored! 1 million Dilbert points to...Dilbert! (And 1000 shyster points to his lawyers.) : Aside from the legal issues – I can’t afford to fight you even if I’m right – I would like to know how you and Dilbert feel about this. This is for the record. My next newsletter will report the details and outcome of this incident. : My next newsletter will quote the lawyers and the Scott Adams e-mail.

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