Seller dayecon threating legal action against The Acaeum
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Post Posted: Wed May 09, 2007 10:14 am 
 

deimos3428 wrote: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".


Also, it might actually help your case if you were actually a registered business under the Dayecon Inc., LLC Since his is located in Washington State checking here:

http://www.secstate.wa.gov/corps/search.aspx

Type in the name Dayecon and see what you get.  Strangely, its the exact same result as the US Trademark office....NOTHING. :wink:


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Post Posted: Wed May 09, 2007 10:17 am 
 

Kingofpain89 wrote: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?

(my bold)

Have you forgotten everybody's favorite . . . Cougie? :)

Seriously, if dayecon's "logic" is to be followed, my mom could be sued by Frigidaire because she refers to any refrigerator as a "frigidaire" (I.E. "The milk is in the frigidaire"), just like I could be sued for my use of "Xerox" when I was going to copy something (I.E. "I'm going to xerox those pages").  
Actually, I think Xerox Corp. did try a similar suit years ago, and the court ruled that "xerox" had become a general-usage term in English; I can't remember all of the details, though.

Wait a minute . . . someone help me out here;  isn't there a law (I think the name is "The Digital Communications Act"; the section number is 220) that would protect speech on something like The Acaeum from being actionable in court?

  


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Post Posted: Wed May 09, 2007 10:23 am 
 

sleepyCO wrote:my mom could be sued by Frigidaire because she refers to any refrigerator as a "frigidaire"
Heh.  As you suggested in the second half of your post, it works the other way around.  "Frigidaire" risks losing it's trademarkable status by becoming a generic term for all refrigerators.  Your mom is quite correct in her usage and protected by law.

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Post Posted: Wed May 09, 2007 10:33 am 
 

You know if you do a Yahoo search as a opposed to a a Google search on the name DAYECON, you come up with some other stuff:

http://www.icq.com/search/people_result ... con&ch_id=

and

http://www.icq.com/people/about_me.php?uin=178860030

And also,

http://forums.ngemu.com/misc-console-di ... oblem.html

:lol:


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Post Posted: Wed May 09, 2007 10:38 am 
 

Sardan wrote:How do I block a seller in ebay?


You can't block a seller, actually, but I wish you could.  There's one guy who keeps flooding ebay with counterfeit Grenadier miniatures, and my life would be so much easier if if I could keep his crap out of search results.

Back to topic: Yeah, everybody's right: You can't use a copyright claim to outlaw people writing about you.  If you could, there would be no newspapers left in America -- simple as that.

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Post Posted: Wed May 09, 2007 10:50 am 
 

sleepyCO wrote:(my bold)

Have you forgotten everybody's favorite . . . Cougie? :)


Read my post again.  I asked if people sue people for stupid crap like this in Europe and Canada.  Our ridiculously flawed legal system allows morons like this to sue their neighbors for thousands of dollars because of retarded reasons like their dog pooped in their yard and the neighbor didnt clean it up.

With all of the venom we direct at Cougar there hasnt been any threats (that I know of) from him regarding legal action.  Probably because he knows that the proof is stacked very high against him and he doesnt stand a chance in Hell of ever winning a suit like that.  :wink:

  


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Post Posted: Wed May 09, 2007 11:29 am 
 

If dayecon (okay, I'm congratulating myself for not delving into the obvious bastardization of his name that could be done here) wants to engage in legal posturing, he should expect the same from others.

Like, for example, Stephen, a class-action lawsuit against you by the people you fucked out of ebay auction items.


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Post Posted: Wed May 09, 2007 11:50 am 
 

I am confused, I looked up said seller on ebay but did not find a store under his name? I didn't even find an "about me" page, I saw no reference to Trademarks or copyrights.  Actually I couldn't even find any mention of incorporation (even with limited liability) anywhere on ebay.  If this guy is so interested in protecting his name and business why wouldn't he at least attempt to identify said name and business with....I don't know...something?





Ehh, whatever, keep us informed if he follows suit (no pun intended), too bad you don't live in a state like MA he would only get 14 days to follow through if that were the case.



~jeff

  


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Post Posted: Wed May 09, 2007 12:06 pm 
 

There's no case here; the so-called lawsuit is a complete work of fiction. I think we all know that. The "company" doesn't exist, which is pretty much the beginning and the end of any legal conversation ... and, even if it did, mentioning it by name is protected by concepts that include both free speech and fair use.

As pointed out already a couple of times, this just really seems like an Internet Tough-Guy who doesn't want to be in the Shady Dealers thread any longer. Perhaps he is gearing up to list a huge number of D&D items or something? Perhaps it just really steams him to be mentioned in the thread? Hell, who knows what people like this think ...

The true irony, of course, is that DAYECON, DAYECON, DAYECON could not have picked a worse strategy for trying to clear his name and reputation. Now he's got every single member of these forums not only blocking his bids and not bidding on his items ever again, but he's also got us all on high alert, ready to warn potential bidders and do other fun stuff like jack up his existing bids and/or bring some vigilante accounts down on his ass.

What a genius.

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Post Posted: Wed May 09, 2007 12:45 pm 
 

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.

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:


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


Doesn't Dayecock realize in this wonderful internet age of ours you can look stuff up?  Like legal cases? Oddly I find no "Dayecon" vs anyone in any online database. Huh.  Maybe they were all settled out of court?  

Sigh.  Time to bring out the fake id I had that I was going to use on Jonb....the one where I was going to buy all his stuff and give him like 100 negs. Guess he/she has a new purpose...bomb Dayecock back to the Stone Age.  :twisted:

At least he gave me a new quote from one of his postings on a website...see below....

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Post Posted: Wed May 09, 2007 12:55 pm 
 

bclarkie wrote: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:

.


BC is right...this id needs to be nuked, and the entire town blocked from having anyone ever join.  As it is said, I like my coincidences not to coincide so much.....

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Post Posted: Wed May 09, 2007 1:02 pm 
 

And note that the last visit here listed is for May 6 ... that's pretty dedicated lurking for someone with two posts.

Let's see if we can figure out this difficult puzzle:

1. That Acaeum ID is obviously DAYECON â„¢;

2. He logged in the other day in a bad mood ... maybe he was feeling all emo or something;

3. He got miffed at still being listed in the Shady Dealers thread;

3A. (Possibly because he has some D&D items he'd like to off-load);

3B. (Including the "lost in the mail" items that he shouldn't even still have);

4. He invented a fake company ...;

5. ... and a fake lawsuit;

6. And pretty much guaranteed the eternal wrath of every member here.

Does that about sum it up, DAYECONâ„¢ ?

Man, forget public relations — I should be a detective!  :)

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Post Posted: Wed May 09, 2007 1:06 pm 
 

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



My sweet Lord. What a big wankfest that is.  Gee, thanks Lordan for making me waste time READING that pile of manure he's written....just for that M-Bag Biatch is OFF the quotes list!!!!!! :wink:

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Post Posted: Wed May 09, 2007 1:17 pm 
 

Hmmm ... this is really weird. Some guy appears to be attempting to jack up DAYECON'S â„¢ current bids. What a strange coincidence.

+++++

Oh, man, I crack myself up. No, really, I slay me.

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Post Posted: Wed May 09, 2007 1:20 pm 
 

Xaxaxe wrote:Hmmm ... this is really weird. Some guy appears to be attempting to jack up DAYECON'S â„¢ current bids. What a strange coincidence.

+++++

Oh, man, I crack myself up. No, really, I slay me.


Did he already pull his auctions?  I can't find any under his seller ID.

  


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Post Posted: Wed May 09, 2007 1:20 pm 
 

Badmike wrote:
Doesn't Dayecock realize in this wonderful internet age of ours you can look stuff up?  


I have a perfect picture for this guy:

Image


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Post Posted: Wed May 09, 2007 1:21 pm 
 

The e-mail sent to Foul makes it obvious to anyone with an IQ above 50 that he is lying. The first thing a lawyer will tell you when you file a lawsuit is to shut the fuck up and say NOTHING to the other party. Nothing. Nada. Zip. Zilch. Cougar. Zero.
Any noob can write up a fake e-mail like his, and millions do. This thread should really be locked...............


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Post Posted: Wed May 09, 2007 1:25 pm 
 

Xaxaxe wrote:Hmmm ... this is really weird. Some guy appears to be attempting to jack up DAYECON'S â„¢ current bids. What a strange coincidence.

+++++

Oh, man, I crack myself up. No, really, I slay me.


I'd join you, but I might accidentally win some of that crap. Can magic cards be used as toilet paper?  Seems the edges would....OUCH.

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Post Posted: Wed May 09, 2007 1:25 pm 
 

Kingofpain89 wrote:Did he already pull his auctions?  I can't find any under his seller ID.

No, not his listings. This random person (wink-wink, nudge-nudge) is attempting to jack up some bids that he's placed on other sellers' stuff.

DAYECON â„¢ has no current listings. I really think that's part of his whole deal ... he's got a box full of D&D items and he doesn't want to be listed on the Shady Dealers thread. I'm almost totally convinced that that is what this entire episode is about.

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Post Posted: Wed May 09, 2007 1:27 pm 
 

Xaxaxe wrote:No, not his listings. This random person (wink-wink, nudge-nudge) is attempting to jack up some bids that he's placed on other sellers' stuff.

DAYECON â„¢ has no current listings. I really think that's part of his whole deal ... he's got a box full of D&D items and he doesn't want to be listed on the Shady Dealers thread. I'm almost totally convinced that that is what this entire episode is about.


Ahh...I see.  Read that wrong....dyslexia must be acting up again.  :)

BTW Xax, that avatar is hilarious!  :lol:


Last edited by Kingofpain89 on Wed May 09, 2007 1:28 pm, edited 1 time in total.
  
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