Seller dayecon threating legal action against The Acaeum
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Post Posted: Wed May 09, 2007 4:36 am 
 

Hi folks,

I thought you should all be aware that seller "dayecon" on eBay (who purports to be Stephen Dayton at [email protected], and who allegedly represents Dayecon Inc, LLC), has informed us of his intent to sue this website for infringement of copyright.

Specifically, he charges that his company name, "dayecon", is used on this website without permission.  I checked, and his name has been used in several forum postings, most notably the "Shady Dealers" thread.  Seeing no violation of copyright in any of the postings, I told him that his name would not be redacted from any messages.

He replied today with the following:

As you have indicated that you have no intention of removing the mention of our company name from your website, which at this time is protected by copy right and is a registered trademark, we have no choice but to notify you of our intention to seek legal action. We will be simultaneously serving a civil suit the details of which will be sent to you by our attorney. We regret that you have chosen noncompliance, but please be aware that we will be also be seeking punitive damages as well as attorney fees and court costs in our civil suit, the details of which will also be sent to you with official notification from our attorney. The notice of violation has been filled with the Clerk of the Court as of today, May 8th, 2007 and we have been notified summons and litigation dates will be issued shortly. Please be aware that violation of copy right and trademark laws can result in not only removal of the offending item, but also destruction and/or decommission of the conveyance of the offending violation. Because you seem to have a very small understanding of legal affairs we will explain this last statement in simple detail; the meaning is that once the litigation has been decided in our favor (as it has several times in similar cases in the past; see Dayecon, Inc. v. T. Jones, Dayecon, Inc. v. Ayex Co. and Dayecon, Inc. v. Webstars.co) instead of being forced to remove our name from your site it could be required by the court that you close it down completely.

Therefore, I'd simply like to let all of you know that I intend to stand by my position that his name will not be removed from the site.  Furthermore, I urge all of you to take the above into consideration when considering whether or not to deal with seller "dayecon" on eBay.

Regards,

Foul

  

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Post Posted: Wed May 09, 2007 4:44 am 
 

thanks for the note + action foulfoot

  

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Post Posted: Wed May 09, 2007 5:01 am 
 

I'm not expert in US Law, but doesn't this apply:

"Some courts have recognized a somewhat different, but closely-related, fair-use defense, called nominative use. Nominative use occurs when use of a term is necessary for purposes of identifying another producer's product, not the user's own product. For example, in a recent case, the newspaper USA Today ran a telephone poll, asking its readers to vote for their favorite member of the music group New Kids on the Block. The New Kids on the Block sued USA Today for trademark infringement. The court held that the use of the trademark "New Kids on the Block" was a privileged nominative use because: (1) the group was not readily identifiable without using the mark; (2) USA Today used only so much of the mark as reasonably necessary to identify it; and (3) there was no suggestion of endorsement or sponsorship by the group. The basic idea is that use of a trademark is sometimes necessary to identify and talk about another party's products and services. When the above conditions are met, such a use will be privileged"


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Post Posted: Wed May 09, 2007 5:04 am 
 

I'm sure we'll all block him. Obviously he has no grounds whatsoever. Even if he was foolish enough to actually hire a lawyer to do it, it falls under the category of frivolous lawsuit.
Internet Conans are a dime a dozen. I will bet my H1 he is bullshitting.


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Post Posted: Wed May 09, 2007 5:09 am 
 

I remember that clown ... he had lots of items get "lost in the mail," including super-modules bought by at least two members here. With all that "lost mail," maybe he should sue the post office ...

Whatever; there's not enough rolly-eyes icons in the entire world to express what a farce this is.

+++++

P.S.: Hey, Idiot Who Can't Be Named: "copyright" is one word. You'd think you might want to get that small detail correct if you're trying to impress people with your legal knowledge.

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Post Posted: Wed May 09, 2007 5:11 am 
 

Just reinforces the fact that he is an A..Hole!
And he has no grounds for litigation!
"dayecon" "dayecon" "dayecon"....sue me, ive got no money!
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Post Posted: Wed May 09, 2007 5:20 am 
 

Thanks for letting us know about this.

I do find it astounding. Today there are 100s of thousands of websites that have forums in which the community at large can discuss their interests. Criticism of people and companies is of course commonplace. This is something I believe is called 'free speech.'

The plaintiff in this case is saying that the community here is not allowed to talk about his company in a negative light. Surely this is a ludicrous assertion.

There must be a heap of precedents for this type of case. It would be useful to look into them.

  


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Post Posted: Wed May 09, 2007 5:24 am 
 

How do I block a seller in ebay?

  


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Post Posted: Wed May 09, 2007 5:28 am 
 

FoulFoot wrote:I thought you should all be aware that seller "dayecon" on eBay (who purports to be Stephen Dayton at [email protected], and who allegedly represents Dayecon Inc, LLC)

Foul, ask him if it's some sort of new invisible company or something:

Image

This would have to be the first business in recorded history not to ever be mentioned once in some sort of document. Add rolly-eyes icons here ...

And, for the record, I tried other variations, too: I took out the comma, I took out the "LLC," I took out the "Inc," etc., etc. Every result looked just like the image I posted above.

Oh, and a search for just "Dayecon"? All that turns up is this moron's own My eBay page.

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Post Posted: Wed May 09, 2007 7:35 am 
 

FoulFoot wrote:Hi folks,

I thought you should all be aware that seller "dayecon" on eBay (who purports to be Stephen Dayton at [email protected], and who allegedly represents Dayecon Inc, LLC), has informed us of his intent to sue this website for infringement of copyright.

Dayecon (are you taking notes, Stephen?) is a complete idiot and this warning is laughable at least. Does he really thinks that an US court will ever uphold his 'right' to be not mentioned in free speech? Albeit I'm not from the US, I guess that the first amendment dealt with "Thou shall not speak my name" centuries ago. Hey, Stephen of Dayecon LLC, why don't you check this: http://en.wikipedia.org/wiki/Freedom_of_speech  :D?

  

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Post Posted: Wed May 09, 2007 8:00 am 
 

Just look at his My Space Page.
This kid is quite the winner.. :roll:

  

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Post Posted: Wed May 09, 2007 8:25 am 
 

dayecon.com, .net, and .org are not currently registered with Network Solutions.  An LLC without a web presence is like a Cougar without an M-Bag.

Hmmm . . . cougarrinard.com/.net/.org are also available.  Now that is interesting and unexpected.  Hey, Dave!  Register your fscking domain names before I do.

  


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Post Posted: Wed May 09, 2007 8:39 am 
 

Foul, a good place to start is to block this user:

profile.php?mode=viewprofile&u=1239

This was the person who came on here acting like they didn't know who dayecon was, but was defending him.  Conviently, this individual also happened to log on to the site just two days ago.  Also coincidentally, they are listed from Greenbelt, Maryland which happens to be Dayecon's hometown according to his MySpace page.  :roll:

Secondly, lawsuit for copyright infringement?  The mere fact that this individual contacted indicates that somehow copyright infringement has occured clearly proves that this person is an utter moron.  In order for copyright infringement occur there has to be some sort of copyrighted mayerial for you to infinge upon, which obviously there isn't.   He couldn't even sue you for Trademark infringement because:

 A) In order for trademark infringement to occur, you actually have to have a legally registered trademark which there is no such trademark:

Check here: http://tess2.uspto.gov/bin/gate.exe?f=t ... 61j445.1.1

B) Even if it was the case that he did have one(which he does not), legally you are still allowed to use the trademark in the way that its been used, as Malcolm pointed out.


On top of that the fact that he contacted you as some sort of legal authority from a yahoo email address makes this the most pathetic and lame attempt to have their name removed from the "Shady Dealers thread"....EVER.


"He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." -Neitzche


Last edited by bclarkie on Wed May 09, 2007 8:50 am, edited 3 times in total.
  

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Post Posted: Wed May 09, 2007 8:47 am 
 

This guy obviously has way too much time on his hands.  The only place this jerks company exists is in his mind.  How big of a loser do you have to be to attempt to sue an entity like The Acaeum because its members attempted to prevent said loser from screwing honest people over?  Is it only in America that can someone can sue another person for calling them names?  Does shit like this happen in Canada or Europe?

I swear this country is becoming more pathetic every day because of people like this.  All these greedy people know how to do is sue and whine when they dont get their way or feel slighted in the least little bit.  At the least the guy probably needs to see a shrink.  But what he really needs is to spend a few weeks getting shot at in Iraq or Afghanistan to appreciate what he has.  People in other countries dont have time to sue each other because they are too busy cleaning up debris caused by suicide bombers and hiding from snipers.

What a frickin' wuss.  :evil:

  


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Post Posted: Wed May 09, 2007 8:54 am 
 

Thinking about this even further, I suspect that this means all of those lost packages have been "FOUND!!" like I suspected back months ago.  Now he is looking to be selling them again here soon, so he wants his name removed from the "Shady Dealers thread" hoping that no one will be able to warn other people off from his auctions.  

Did I happen to mention how weak this was yet?


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Post Posted: Wed May 09, 2007 9:19 am 
 

I can't see how he could have a valid complaint for copyright infringement, since he has no copyrighted materials to distribute, and anyone can talk about his "trademark" to the best of my knowledge.  On the other hand, if the public discussion about him in Shady Dealers consisted of untrue statements that actually damaged his reputation (i.e., eBay sales), there might be grounds for a libel suit.  But in such a case, I think he'd have to sue the individual(s) who made the statements, not the website as a whole, since this is an unmoderated forum.

(Armchair legal musing courtesy of my attorney, the wifey :).

  


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Post Posted: Wed May 09, 2007 9:19 am 
 

Last post for now and Dayecon, this one is just for you:

http://www.bitlaw.com/trademark/infringe.html

Make sure you read that pal before filing your lawsuit, because if you are actually dumb enough to file a lawsuit in protection of a trademark that doesn't actually exist(even if it did exist and you lose the case which is inevitable), you are responsible for the defendant's attorney fees and court costs.  Now, I know that they don't tell you these things on People's Court, but it something that you should consider prior to filing your lawsuit.


"He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." -Neitzche

  


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Post Posted: Wed May 09, 2007 9:49 am 
 

bclarkie wrote:  A) In order for trademark infringement to occur, you actually have to have a legally registered trademark


Not entirely true.  I'm not a lawyer, but when my company, which currently holds an unregistered trademark, looked into stopping other organizations from riding on our coattails we were told roughly the following.

If you don't have a registered trademark, you can still sue someone for trademark infringement, but you'll have a much harder time proving infringement.  You need to prove that your use of the mark predated the use by the defendant, that the mark is "famous", that the defendant is using the mark in bad faith, and that consumers are confused by the two marks.

If you're able to do all that, it is very unlikely (probably impossible) that you'll be awarded anything other than an injunction forbidding the defendant from continuing to use the mark.


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Post Posted: Wed May 09, 2007 9:50 am 
 

Foul, I just realized something:

adagary4jj's lost super modules


In his auction desctiptions he used the Acaeum domain name without your expressed written and/or verbal  consent,  maybe you should file a countersuit against him.  :P


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Post Posted: Wed May 09, 2007 10:10 am 
 

Perhaps he'd also like to sue Google.  :lol:
http://www.google.com/search?q=dayecon& ... lz=1I7IBMA

The lack of legal ground has already been pointed out, but let's sum up:

1.  'dayecon' is not a work, it's a word.  Copyright law does not apply at all.  'dayecon' might be considered a trade name under trademark law.  

2.  The trademark 'dayecon' is not registered.  This significantly limits its protection globally, but not in the USA.  However, it doesn't qualify as a trademark, as there are no good/services related to the term 'dayecon'.  No trade=no trade mark.

3.  Even if it did qualify, fair use covers the nominative use of the mark anywhere, anytime.  The "TM" or (R) following a valid trademark is optional best practice, incidentally.  It's not required.

You're lucky I don't send you a bill for the lesson; next time try typing "US trademark law" into google instead of "dayecon".

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