Cease and desist request - So-Cal Speed shop VS So-Cheap

Read the verbage of the letter. Strong arm tactics - they know they have no solid ground to stand with it. The logo is different enough to fall out of sites of their guns. Never do that state any particular statute or legal refferal in which you are in violation of. Thus even if they took it to civil court would easily dismiss it. As well you aren't causing them loss of money or infringement on retail production.

They're trying to take you as an easily intimidated pee-on, and hoping you would just cow-tow like the website. SPeaking of which, I'm assuming the site provider yanked the site? Under whose authority - they can't just yank the site with renters notification prior at least.

Big bag of worms......

 

To Repeat Mr. Midnight.....could you IMAGINE that if someone, a non HAMBER, was producing HAMB shirts, or a "parody" of it, implying that the HAMB was ANYTHING but perfect - and making money off them, what you guys would THINK? It'd be a fucking riot to get that guys throat slit. How is that any different?
It's OBVIOUS where so-cheap got their logo, and he's lucky to have gotten away with it for so long. I admit it is shitty that this has to happen, but he shoulda taken the proper avenues when getting started. Ya'll KNOW if it was YOUR logo being "ripped off" in some way, shape or form, you'd be wanting to claim it back for yourself again too.

Oh and, I'd defenitely watch what you say on here, if you plan to take any action, SoCheap - we already know there's some So-Cal guys on here - remember the whole UPS/So-Cal shipping post a while back? They're watching.

 

its funny to me that all the artists cry bloody murder if anyone remotely copies anything you draw and yet this is some sort of crime. You tried to make a funny joke and they busted you. get over it.

You cant have it both ways. You ripped them off and got called on it. Without So-cal, there would be no So-cheap. It's not that fucking funny get over it.

the fact that this went to 3 pages is sad. Fuck So-cheap, how about so-stupid.

 

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its funny to me that all the artists cry bloody murder if anyone remotely copies anything you draw and yet this is some sort of crime. You tried to make a funny joke and they busted you. get over it.

You cant have it both ways. You ripped them off and got called on it. Without So-cal, there would be no So-cheap. It's not that fucking funny get over it.

the fact that this went to 3 pages is sad. Fuck So-cheap, how about so-stupid.

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Don't hold anything back man... let's hear how you really feel about this....

HC

 

Phil,

this is a shot across the bow.

Know your rights and leagal responsibilities, hire a lawyer. I use this service for this type of situation. It is a lawyer referal service. Maricopa County Bar Association for $35.00 you get 30 minutes with a specialist. I have used this service before and have been able to solve most of my problems with just the 30 minute appointment.

This could be ugly, if they are correct.

 

oh no, a Hamb boycot..... they may lose 10 bucks on the fucking deal.

YOU RIPPED THEM OFF!

Where are all the artists now? Shouldnt you guys be outraged that anyone ripped anything off? Remember the Weesner post?

YOU CANT HAVE IT BOTH WAYS!

 

Strong arm tactics work when you have a weak foundation...

Truthfully.. to me it looks similar...

I would change the logo.. add another border to it either around the outside or to the edge of the black swoop.

its just easier that way... and cheaper

The similarities are what they are after i think..

you could always change it to So-Stupid... be cause So Cal is so freaking Stooopid

I have never bought anything from So Cal (except for a catalog once.. maybe) and it looks like i never will...

In my opinion So cal is like the Microsoft of the hot rodder world... always there right at the front of the line to capitalize off the hard work and ideas of others ... they are cashing in on all the salt flats tradition and history.. because they are one of the older shops that was around back then... and they convinced the hot rodders of today that that was cool.. and that they were there, and responsible for it... granted its a mom and pop image they have.. but with all that cash they have a marketing and legal department that is corporatizing their market share... hot rodders dont like that. Gold Chainers do though.. So Cal is sort of the gateway for old rich mid life crisis gold chainers to "be cool" with the rat rod thing that everyone is talkng about..

So-Shaft.. thats what we should give them.. the shaft

C'mon SO Cal.. tell me whats cool...tell me what overpriced shit i can put on my coupe to make me cooler..... tell me how i should set up my steering so i can get some patch... what backing plates should i pay too much for so i can get a bit of beave..

Screw Cal

Just change the logo... tell them you did it.. and thats it.. dont tell them shit about what you have done.

Just my 2 cents...

 

does weird al call and ask all those bands before he makes fun of their songs?

 

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does weird al call and ask all those bands before he makes fun of their songs?

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yes, in fact, he does.

 

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Having said that SoCal has the moneypower to make your life miserable Clark, you can try to fight it on principle and I think you would win, but it could cost you dearly.

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This is the reality of the matter. The guy who owns the company that I work for has a philosophy about lawsuits - "keep filing motions until they go broke".

Bottom line, it costs a lot to go to the mat with a large company, unless you can prove that they harmed you (in which case attorneys will descend on you like flying monkeys in the wizard of oz offering to accept your case on contingency!).

Whatever you do, be nice & don't let it turn into a pissing match with the people at SoCal so that it gets "personal" for them. Once you do that and they decide that they don't mind losing money just to prove a point and make you suffer, trust me, it will become very ugly.

Just my 2 cents.

 

wow...i never would have let him,if it were my song...that's crazy

 

If the So-Cal lawyers litigate they way they write letters I wouldnt worry about it! Does everyone with "Speed Shop" in their company name owe to an original copywrite? Of course not, the clarification is subjective as to intent...you have to ask yourself are there enough differences (or similatities existing elsewhere) to set the two apart as "seperate".

Hankcash...that chick is awesome, I'm single, old and fat with some money and all my teeth...think she would move to Maryland?

 

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wow...i never would have let him,if it were my song...that's crazy

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LOL yeah I know....
I remember something happening with Eminem a few years ago, he either wouldn't let him use his song, or something, I don't recall......anyway.

 

I usually don't even reply to stuff like this...and by the 5th page I don't think anyone gives a fuck anyway, but for what it's worth I was a designer at a couple of skateboarding companies in the 90's when all those guys did was rip off designs like you did with the So-Cal logo. We got those letters all the time, and when we did we would just discontinue that wheel or board and go jock someone elses logo. I think it's already been said, but whether or not it's silly for those guys to worry about what you're doing (which I think it is, for the record), you did swipe their logo and they do have the right to tell you to stop. It's the price of being punk rock...or something...

One way you COULD look at this is to say "hey, I've gotten enough notoriety that the "big guys" know about me" and think about getting somebody on here to design you a new original logo. Just a thought...
Curt

 

So I guess ford should do the same to so-cal. Give me a break!

 

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does weird al call and ask all those bands before he makes fun of their songs?

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Yep, he does. There was a problem with Coolio and "gangstas paradise" parody "amish paradise", in that coolio said he never gave permission, but weird al's camp has written proof that he did. He was just wanting to drum up shit because the parody was more popular than his song... (not really, but a hell a lot funnier)

I'm not a lawyer by any means, but it seems like that inner oval is not covered by the copywrite, however any text inside the oval is.. So technically, they're stepping on Ford's toes? I'd speak to someone about parody laws, and if you're covered, have that lawyer send them a letter... The law works on intimidation... the threat of getting pulled over for speeding is enough to get most people to follow the speed limit when a cop is in sight. Proving that you broke the law is a whole other game...

 

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So I guess ford should do the same to so-cal. Give me a break!

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Um ok, that's just stupid of you to say. The only thing they have in common is that stupid fucking oval. It's not like it was SO-FORD. LOL.

 

Im by no means an artist but sounds like time for new logo. Something like this

 

Thanks Grimlok, I'm a dumbass.

Anyhoo, does this mean OddRods with their one Moon eye can be sued by Mooneyes?

I don't know if any of you long time HAMBers remember when my pal staged a fictitous 'discovery' of the fabled SoCal shoe? It was just an old Converse that he painted with the SoCal logo, it was in fun with zero profit motive but I wonder if anyone would get sore at that?

There is the fact that Clark has made some money off his product, but I don't think he's rolling in it.

Gooch, there's a huge dichotomy of your view on this matter. Weesner was being artistically ripped off, SoCal is being parodied. It's a huge difference. This isn't about having it both ways at all.

And it's true that Weird Al does ask for permission to parody songs and certain pompous assholes have not let him.
I can think of no greater honor than to have your song lampooned by him.

Does anyone know if Weird Al's parodies are subject to licensing fees given to the original artist?

 

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oh no, a Hamb boycot..... they may lose 10 bucks on the fucking deal.

YOU RIPPED THEM OFF!

Where are all the artists now? Shouldnt you guys be outraged that anyone ripped anything off? Remember the Weesner post?

YOU CANT HAVE IT BOTH WAYS!

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read the weesner post AGAIN...

people were pissed off because of bone head comments about taking it in the ass when your work is pilfured.

i followed that weesner post, and dont recall seeing names of the angery few on this thread...????

 

That letter probably cost them more than what you made selling the So-Cheap products.

If you are big enough to be parodied, you should be ig enough to accept it with grace.

 

The only people who would confuse So-Cal with So-Cheap wouldnt matter anyway. So-Cal is retarded, dont they have anything better to do? Like designing some more cup holders, posters and 15 dollar steering stabilizers (that they sell for 75 bucks ). I think I'll have to use my old wolf logo shirt to wipe my ass.

 

Alex Xydias and Pete Chapouris have no doubt paid their dues and should be respected. Especially in this group of people. I personally know someone that profits off their logo (in a very small way) and on one occasion was called on it by one of the so cal guys. I personally saw Chapouris intervene and tell his employee to back off. Would you guys like to be bagged on for profit? <font color="red"> </font>

 

I ll take 2 shirts Xl..Ya know some times you just gotta say Fuck the law, in a way thats what this country was built on. We have about what 5000 people on the HAMB everybody send so cal a shit letter with our discust telling them that were 5000 strong and we all know at least 10 people to tell not to buy their shit Thats 50000 people that we can tell ok maybe 40000 you all know what I mean..

 

So-Cal ripped off the oval Logo from FORD!
and TOYOTA and SUBARU!
I have a freebee-gift tie pin (that the pin fell off of) sitting in front of me that's OVAL with the word HONDA across it!

Half the fucking LOGOs in the World are probably in an OVAL!
Why don't they try to sue OVALTINE!

But we all know that in this LAND of the SO-CALLED-FREE the one with the most MONEY to pay the FUCKING CORPORATE LAWYERS will WIN in this battle over this SO-FUN SO-BRIQUET!

So-Cal thinks they are SO-COOL because they give away free HAMBURGERS at their party before the LA Roadster show, but I don't eat DEAD COW PARTS SO-BIG FUCKING DEAL!

I am NO LONGER saving up SO-I can buy a SO-CAL DUST PAN for my garage!

I DO have a plain white T-shirt though and I AM going to break out the felt markers and PIRATE a SO-CHEAP logo on it and wear it to SO-CAL's pre-roadster show open-house in June !

At least I know I won't get a cease and DE-CIST (is that acne removal?) from germ for using "CAPITALIZED ENGLISH-LANGUAGE WORDS" in my verbal-discourse. HE will meet me in an ALLEY at the Fair GORUNDS and we'll SO-LAUGH about this NON-SENSE

SO-CAL, LISTEN UP! You just got BOYCOTTED FOR LIFE!
YOU ARE ON MY FUCK-WAL-MART LIST!

(And PEDRO, sorry, but I'm not an ass-sucking Corporate LAWYER, I'm a stone carver and militant revolutionary (ret) from the 60's)

And I"m a member of the MIDNIGHTERS CUSTOMS SO-CAL, and it's a legal registered licensed Non-profit COMPANY.
Oh fucking Gee-wizz! are they going to sue our car club next because our name says SO-CAL in it?

SO-FUCKED!!!!!

 

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I usually don't even reply to stuff like this...

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But, just a thought. I bet that Alex and who ever his lawyer that sent you the letter is reading this right now. It is on the web for public view. So just a thought.

Chris Nelson
Kansas

 

That is So-Gay. They must be counting on you not wanting to deal with the hassel and cash involved in fighting it.

I'm not an artist and I dont know what the laws are but but the logo is two freaking ovals, and the names have too different meanings and your using two different colors.

It's the man trying to keep us down, with his legal mumbo jumbo. If it wasn't for the cash invloved in a court case It would be worth calling there bluff.

That worst part is So-Cal is concerened with someone taking there T-Shirts sales away, which is very sad when your suppose to be a Speed Shop