Harassment - your view please!

[CrownCityCorey]

To original poster:

If would seem that you have a legal argument on your hands. Certainly nothing for the public to be concerned with.

I do not see what he is doing as "harassment." Mr. S is simply trying to protect his business interest, and if he is wrong for doing so, the only resolution I could see in one to be determined by the courts. But, I do not in anyway blame him for his actions.

Personally, I can see both sides of it. I for one do see that "PoolRoomTees" is suspiciously similar.

Legally, I do not know, but if "Tiger Billiards" or anything like it one day came to be, from someone other than us, we'd be all over it like white on rice.

 

[JCIN]

I called my friend Eric Yow, Many of you know him as a Pool Trick Shot artist but he is also an Attorney. He called Jake yesterday but of course Jake refused to discuss the situation with him. I am looking at all my options right now. If Jake will make a Public Statement that he will stop the harassment, this will go no further.

This is not only a civil case but according to the FBI this can be a criminal case.

Please stop with the FBI references. It is over dramatic and does you no good. I am sure that the first priority on the FBI and federal prosecutors list is an intarweb dispute between pool tshirt companies. I mean screw terrorism and billion dollar white collar crime, what really matters is someone screwing with somebodies myspace page.

I think you should take some tips from Jake and handle your business in private without involving strangers who know neither of you.

 

[Sweet Marissa]

Just my opinion:

I don't know Angela, but it appears she has been using her logo since the 90s. As for adding the word ROOM to another artist's name/url, I would have come up with a more unique name myself, but it is within her rights to do so, especially since PoolTees does not have a copyright. I did notice a copyright infringement on Angela's site that she may want to alter: one of her designs has "No Fear" on it and that is a copyrighted brand.

Both offer two distinctly different designs in their shirts. I, for one, prefer and have quite a few PoolTees shirts myself. They're clever, witty, original, with great graphics. Many of the designs on PoolRoomTees, to me, look like they were created in MS Paint... except for "Racked and Ready" and "The Corner Pocket". Those look like actual paintings (and they are). From PoolRoomPaintings, the photograph print available for Zig Zag Pool Balls is one of the worst snapshots that one could consider art. Someone obviously just stood above it with their point-and-shoot and clicked the shutter. I do like the Pool Balls on Display design.

Personally, I think they can co-exist, and happily, with the names (and logos) they currently have.

 

[Njhustler1]

What strikes me as strange is that the "personal information" he refers to is all available on his own website. It's not hard to find. That causes me to question his above response to Andrea.

Jay or OrigZaphod, only my business PO Box is posted on my website, not my family's address. I have made every attempt over the years to keep personal information off the internet. I just believe its good practice. If you have seen my personal address elsewhere, I'd appreciate if you could please send me a PM and I'll take it down ASAP.

But again, Angela, please have it removed from your original post. I have nothing against you keeping the post and having an open discussion about the situation, but the personal info. needs to be removed. Thank you.

 

[SUPERSTAR]

If you can win legally, then do it.

Sue whomever into the ground, and take everything they own.

I have no tolerance for business people who feel the need to become abusive.

I have not followed any links to gain a picture of what is actually going on and do not have a perspective on the behavior of either of the parties involved, but i do know that if someone is doing something wrong, and you sue the crap out of them, that usually they now understand what you were trying to say all along, where as before, they were deaf.

I do not know if something has been done wrong or not, and that is not for me to determine but for the courts, but if something HAS been done that is wrong, i personally would sue the daylights out of the offending party till i owned their company.
That's just me.

Some people want to be left alone.
Some look for a public apology and retraction of statements.
Some look for restitution.
I want whoever decides to make my day more difficult, to suffer for all time, and be emotionally scarred and get angry at the very thought of me and how i destroyed them legally and smiled at them in court after the verdict.

To each their own.

 

[KoolKat9Lives]

pooltees.com is bad action IMO

I ran a top ranking website (1 million hits a year). A relative that once had got the passwords and attempted to steal the site & its proceeds, copied it closely. Very similar name, very similar logo, idential market. I'll spare you the details, but this person's actions were despicable.

I hired (in the owner's behalf) an IP attny. Spent @ 4 grand, sent the letters, filed in court, etc. When the rubber met the road, our actions were non-actionable. It was maddening. This IP stuff is a tough road, I tell ya.

Based on my experience, & based on the limited info provided in this thread, I believe pooltees.com has no legal remedy to have poolroomtees.com alter anything. IMO, furthermore, his interactions with MySpace and Facebook is wrong (and why MySpace and FB would take action based on whatever pooltees.com sent their way is beyond me!).

Again, based on what we see here (& how often do we get less than the hole picture???), I'd be all up in pooltees.com sh*t with loaded barrels.
Yo You! Get yo fingas out my thang!

Judge I.B. Phoney rules for the plantiff and awards $68 (profit on 17 teeshirts) and puts pooltees.com in the timeout corner while unplugging their router for 3 hours.


:smash: the milk dud tipped gavel falls

 

[PoolRoomTeesCOM]

Maybe you can get them to take it down...

Jay or OrigZaphod, only my business PO Box is posted on my website, not my family's address. I have made every attempt over the years to keep personal information off the internet. I just believe its good practice. If you have seen my personal address elsewhere, I'd appreciate if you could please send me a PM and I'll take it down ASAP.

But again, Angela, please have it removed from your original post. I have nothing against you keeping the post and having an open discussion about the situation, but the personal info. needs to be removed. Thank you.

Heads up.... I found this information online, maybe you can get them to take it down.

http://tess2.uspto.gov/bin/showfield?f=doc&state=4003:j7tenh.2.1



just FYI...

 

[jcommie]

No copyright granted, no infringement possible. Why else would there be patents? In this case, if PoolTees wins, the court case will forever referenced to in the future in all sorts of BS lawsuits of individuals claiming they came up with something first but didn't patent it. IMO if PoolTees wanted to keep this from happening they should have come up with a name that would be granted trademark status in the first place.

Angela: I would suggest you change your name too, if only to get a trademark of your own so there's less competition in the future.

 

[macguy]

I called my friend Eric Yow, Many of you know him as a Pool Trick Shot artist but he is also an Attorney. He called Jake yesterday but of course Jake refused to discuss the situation with him. I am looking at all my options right now. If Jake will make a Public Statement that he will stop the harassment, this will go no further.

This is not only a civil case but according to the FBI this can be a criminal case.

It seems like you are already suffering damages. I think you already have a case against the guy you can win. He has no right to try to corner the pool tee market through intimidation. There are laws against this kind of stuff. It sounds like it is more then just the name. He wants a lock on the market. Tooooo F'n bad it is a free market out there. This has little to do with the name in my opinion.

 

[OrigZaphod]

retracted orig. post

What may I ask is the point of posting a non active trademark filing?

 

[Sweet Marissa]

I ran a top ranking website (1 million hits a year). A relative that once had got the passwords and attempted to steal the site & its proceeds, copied it closely. Very similar name, very similar logo, idential market. I'll spare you the details, but this person's actions were despicable.

I hired (in the owner's behalf) an IP attny. Spent @ 4 grand, sent the letters, filed in court, etc. When the rubber met the road, our actions were non-actionable. It was maddening. This IP stuff is a tough road, I tell ya.

Based on my experience, & based on the limited info provided in this thread, I believe pooltees.com has no legal remedy to have poolroomtees.com alter anything. IMO, furthermore, his interactions with MySpace and Facebook is wrong (and why MySpace and FB would take action based on whatever pooltees.com sent their way is beyond me!).

Again, based on what we see here (& how often do we get less than the hole picture???), I'd be all up in pooltees.com sh*t with loaded barrels.
Yo You! Get yo fingas out my thang!

Judge I.B. Phoney rules for the plantiff and awards $68 (profit on 17 teeshirts) and puts pooltees.com in the timeout corner while unplugging their router for 3 hours.


:smash: the milk dud tipped gavel falls

I believe pooltees.com existed first, as well as poolpaintings.com. Angela created poolroomtees.com and poolroompaintings.com after these other websites were already established.

 

["T"]

Please stop with the FBI references. It is over dramatic and does you no good. I am sure that the first priority on the FBI and federal prosecutors list is an intarweb dispute between pool tshirt companies. I mean screw terrorism and billion dollar white collar crime, what really matters is someone screwing with somebodies myspace page.

I think you should take some tips from Jake and handle your business in private without involving strangers who know neither of you.

Tap tap tap!

 

[macguy]

No copyright granted, no infringement possible. Why else would there be patents? In this case, if PoolTees wins, the court case will forever referenced to in the future in all sorts of BS lawsuits of individuals claiming they came up with something first but didn't patent it. IMO if PoolTees wanted to keep this from happening they should have come up with a name that would be granted trademark status in the first place.

Angela: I would suggest you change your name too, if only to get a trademark of your own so there's less competition in the future.

I agree. Am I the only one who thinks both are lousy names?

 

[SUPERSTAR]

That was a little over the top dear, I am sure that everybody knows that there is the information out there, but it would require searching to find. blatantly putting the links there is not right.

That is taking the low road in any view..

Fight fire with fire.

If information is available , what is wrong with posting it.

It available for a reason. i.e., the public is allowed to know. Otherwise, it would be PRIVATE to begin with.

 

[Mark0]

He is a long time, participating member of this forum that happens to be a very nice young man who has given many members of this forum freebies and discounts.

I'm not going to comment on the laws because I'm not schooled in any of it. I will say that trying to file federal charges is very overboard and will waste my tax dollars.

Many, many people here know Jake on a personal and business level. He's not that hard to reach nor should it be that hard to find a neutral party to work through. I can tell you that he is not a stalker/harasser/psycho by any stretch. He's a young, struggling, businessman in this struggling economy that is trying to protect what he has spent years building up.

Maybe he's schooled in copyright law, maybe he isn't. My suggestion, Angela is to not waste tax payer money going after an honest, nice young man in federal court. Use a neutral mediator to school both of you on the laws and then come to a peaceful agreement. (JMO)

Sorry, but I can't disagree with you more. Sounds like your personal bias is showing IMO.

As I have no dog in this race I'll simply say that this is what we have the legal system for. Use it.


-Mark0


=-=-=

 

[hangemhigh]

I know Jake of PoolTees.com. Anyone who goes to Derby or Valley Forge has probably seen his booth. He is a good guy IMO who has always been very friendly to me. He is in a double tough racket trying to make a small business survive in not only a declining economy but in a small industry as well.

The fact that he spends the money for booth fees, travel and what I am sure is a good amount of money for inventory tells me that he is serious and committed to the endeavor. That the OP uses CafePress tells me that it is more of a hobby in her case. I can see where Jake would want to defend what he has sweated for.

You can bet that if someone started a business called Hustlin America, or The Action Report Page, or AZ Billiards Pool Forums there would be some controversy as well. On the other hand I see the OP's point of view as well but to call what seems to be a difference of opinion harassment is going too far IMO.

Hopefully a compromise or solution can be reached without involving lawyers or I suspect it will simply come down to who is willing to spend more money to fight. A lawyers dream.

Shhhh, don't tell anyone:

http://billiards.azplayers.com/players/Z

 

[OrigZaphod]

I agree. Am I the only one who thinks both are lousy names?

Highly un-original, lacks creativity..

Creative Shot Designs.... *Designs you can BANK on...*
Dead Stroke Custom Tee's......*If you can beat em with the cue, kill em with the saying...*

just a couple off my head

 

[Njhustler1]

This post is about as biased as they come... and a complete hoot.

He isn't being a "nice young man" at this point... is he? He is being a hard core shrewd business man and quite frankly IS stalking. He is getting her stuff removed from other websites without contacting a lawyer or this woman for that matter before he does it,what do you constitue as this being then?

There's a few issues at play here. The trademarks and copyright issues I cannot discuss on this forum. What I can confirm is that I have asked the social networking sites (i.e. Facebook, Myspace, and AZB) to remove items containing my personal information.

Attached is a copy of the last email I sent to myspace and their response. It contains no language about copyrights or trademarks. How people consider this ME HARASSING HER, is beyond my comprehension!!! :scratchhead:

 

[Sweet Marissa]

An example of two companies in the same industry using similar names:

I have a lot of clothing from Hustlin. They have a name that closely resembles Hustler, who also manufactures clothing.

Can't we all just get along now? PoolTees, you have better designs and huge fan base. If someone wants to be unoriginal and add a word to your established name, it isn't illegal for her to do so, but it won't go unnoticed.

You are both going to have people take your sides, and those people will end up boycotting the other. Then no one wins. This is bad press for both of you.

 

[Cuebacca]

Why should I change my name? I want people to find me... When I chose the name for my art website, PoolRoomPaintings.com, I did the trademark research as to not to infringe on Arthur Robins (a great pool artist) art website PoolPaintings.com Now deciding to create T'Shirt designs so my customers would be able to find me with ease, PoolRoomTees was the only choice I considered.

I am starting a new venture selling art and t-shirts. Please visit PoolHallPaintings.com and PoolHallTees.com to see my work.