Aftermarket services

[Lawrence P. Mikeska]

Jurisdiction

Other

I have a cut and sew operation with primary target services throughout the music industry for "weekend warrior" musicians. We make their embroidered protective slip covers for stage gear: amps and pro audio gear. We make available a range of fabrics within their budget.

My question: are their any laws preventing us from listing manufacture names and models of equipment on our website? Example, "Xsonics DB212xl" Your cover made by us will fit, 24" x 15" x 35"

We have been in business for 29 years. Our website serves many musicians across this great nation, but recently I've been served with a cease and desist request. I have cooperated with images that I have pulled from the site. I just don't know if I have to rename the manufacture product as a workaround? Hopefully not!

 

[army judge]

I have a cut and sew operation with primary target services throughout the music industry for "weekend warrior" musicians. We make their embroidered protective slip covers for stage gear: amps and pro audio gear. We make available a range of fabrics within their budget.

My question: are their any laws preventing us from listing manufacture names and models of equipment on our website? Example, "Xsonics DB212xl" Your cover made by us will fit, 24" x 15" x 35"

We have been in business for 29 years. Our website serves many musicians across this great nation, but recently I've been served with a cease and desist request. I have cooperated with images that I have pulled from the site. I just don't know if I have to rename the manufacture product as a workaround? Hopefully not!

Before you do anything further, I suggest you take the ALLEGED "c & d" letter to a licensed attorney in your jurisdiction.

Many of those letters are scams used to demand tribute from unsuspecting "dupes".

This is your business, and a darn profitable one, too, I suspect.

Advertising the fact that you create custom covers for a BIG BANG DRUMS XXX111, or a custom cover for LIBERACE PAPA GRANDE PIANO isn't violating any copyright or trademark laws, as long as you offer proper attribution where required.

Goodyear, Firestone, or Pirelli make automobile and car tires. Such information is provided on their respective websites.

I suggest you see your attorney and seek real, legal advice from an attorney licensed in your jurisdiction. Your lawyer will protect your interests.

Good luck, mate.

Please return and let us know what you learn. Thanks.

 

[Michael Wechsler]

I second @army judge with the question of whether this letter might be a scam but it doesn't seem to be. You mention images that you had to pull from the website and a naming issue.

I'd like to introduce a couple of different possibilities. (1) The company believes that your sales lend the appearance as though you are associated with their company. (2) The company sells their own covers and perhaps your product has become so popular that it is cutting into the sales of their own products and they are looking for lost revenues.

Obviously the only way to get a superior answer is to speak to an attorney who can hear and review all the facts and circumstances of the issue. But let's talk generally. If you're not using your own photos, e.g. a photo they have taken and in their online catalog, I can understand that objection. But taking your own photos should usually be fine, barring potentially some limits. And stating that your product should fit a certain product should carry with it no issue - it's a fact. But you mention what you name your products. I wonder whether this is the line upon which you may be treading. If you make it clear that you are not associated with the company and state as such on your product pages that this is the case then it would probably be difficult for the company to find a bona fide legal right to enforce against you by making your own covers.

It would probably be best to find out their specific objection without stating anything to them about your own business. By identifying the exact objections and basis they believe for filing a cease and desist, you'll be able to ascertain whether they have a real bona fide legal case or are just blowing hot air trying to scare a vendor into some type of submission -- perhaps hoping to sell their own custom products and push you out. It's a common tactic.

 

[Lawrence P. Mikeska]

I second @army judge with the question of whether this letter might be a scam but it doesn't seem to be. You mention images that you had to pull from the website and a naming issue.

I'd like to introduce a couple of different possibilities. (1) The company believes that your sales lend the appearance as though you are associated with their company. (2) The company sells their own covers and perhaps your product has become so popular that it is cutting into the sales of their own products and they are looking for lost revenues.

Obviously the only way to get a superior answer is to speak to an attorney who can hear and review all the facts and circumstances of the issue. But let's talk generally. If you're not using your own photos, e.g. a photo they have taken and in their online catalog, I can understand that objection. But taking your own photos should usually be fine, barring potentially some limits. And stating that your product should fit a certain product should carry with it no issue - it's a fact. But you mention what you name your products. I wonder whether this is the line upon which you may be treading. If you make it clear that you are not associated with the company and state as such on your product pages that this is the case then it would probably be difficult for the company to find a bona fide legal right to enforce against you by making your own covers.

It would probably be best to find out their specific objection without stating anything to them about your own business. By identifying the exact objections and basis they believe for filing a cease and desist, you'll be able to ascertain whether they have a real bona fide legal case or are just blowing hot air trying to scare a vendor into some type of submission -- perhaps hoping to sell their own custom products and push you out. It's a common tactic.

 

[Lawrence P. Mikeska]

Thank you for your informative responses.
I will add that this is an email with a pdf attachment (C&D) demand with a first class mail (not yet received) mentioned to be sent. So I will take it more seriously when I do receive the documents in the mail?
The .pdf document seemed official from a law office with law jargon, exhibits A,B and demands with a (7) day response time required. Also, there is a mention of a possible licensing agreement possibility.
I am new to your forum, but I believe I saw there was a way to search for a lawyer in my area? What should my search for a lawyer include: business, internet, intellectual property....?