It's true:
https://www.walmart.com/ip/Modern-Vespa-Embroidered-Patch-3-x-3-x-0-1-inches-Logo-Sew-Ironed-On-Badge-Embroidery-Applique-Patch/939493463
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Molto Verboso
Modern Primavera (not pictured); Moto Guzzi V-85 TT
Joined: UTC
Posts: 1840 Location: Los Angeles, CA |
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Molto Verboso
2007 GT200,2008 Yamaha C3,2009 BV250, 2013 GTS300
Joined: UTC
Posts: 1575 Location: Denver |
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Molto Verboso
2007 GT200,2008 Yamaha C3,2009 BV250, 2013 GTS300
Joined: UTC
Posts: 1575 Location: Denver |
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Quite a bit less on Ebay: https://www.ebay.com/itm/314416938275
4 long lines of garbage removed from url - jimc
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Hooked
2005 Vespa PX 150 Serie America #107 of 500
Joined: UTC
Posts: 494 Location: Houston, Texas USA |
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Hobbitus Moderatorus
S50, R1100s, way too many pushbikes
Joined: UTC
Posts: 11685 Location: Hermit Kingdom |
UTC
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Now we've really hit the big time.
Pair with that 946 you thought you couldn't afford. https://www.walmart.com/ip/6V-Vespa-Ride-On-Electric-Scooter-for-Kids-Pink/2377308865
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Veni, Vidi, Posti
2019 GTS 300 HPE w Malossi cylinder & cam
Joined: UTC
Posts: 8847 Location: Batmania aka Melbourne, Aus |
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Veni, Vidi, Posti
2019 GTS 300 HPE w Malossi cylinder & cam
Joined: UTC
Posts: 8847 Location: Batmania aka Melbourne, Aus |
UTC
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znomit wrote: Pair with that 946 you thought you couldn't afford. https://www.walmart.com/ip/6V-Vespa-Ride-On-Electric-Scooter-for-Kids-Pink/2377308865
Positive
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Hobbitus Moderatorus
S50, R1100s, way too many pushbikes
Joined: UTC
Posts: 11685 Location: Hermit Kingdom |
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UTC
Veni, Vidi, Posti
2019 GTS 300 HPE w Malossi cylinder & cam
Joined: UTC
Posts: 8847 Location: Batmania aka Melbourne, Aus |
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Veni, Vidi, Posti
2019 GTS 300 HPE w Malossi cylinder & cam
Joined: UTC
Posts: 8847 Location: Batmania aka Melbourne, Aus |
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UTC
Addicted
2015 Sprint 150, 2018 GTS 300
Joined: UTC
Posts: 894 Location: SoCal |
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znomit wrote: Now we've really hit the big time. Pair with that 946 you thought you couldn't afford. https://www.walmart.com/ip/6V-Vespa-Ride-On-Electric-Scooter-for-Kids-Pink/2377308865 |
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Addicted
PK50XL, PK100S, ET3, Matchless G80S, Honda CBR400RR, Ducati ST4S
Joined: UTC
Posts: 758 Location: UK |
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Addicted
PK50XL, PK100S, ET3, Matchless G80S, Honda CBR400RR, Ducati ST4S
Joined: UTC
Posts: 758 Location: UK |
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Takedown notice for copyright infringement
https://www.copyright.gov/512/sample-notice.pdf For eBay https://www.ebay.com/help/policies/listing-policies/selling-policies/intellectual-property-vero-program?id=4349 Wal-Mart https://www.walmart.com/help/article/claims-of-intellectual-property-infringement/6171b9ac00384f3f920aa14a9c08bdac Both have reporting forms on their website go for copyright violation over trademark unless trademark is registered. Registration not required though preferred for copyright. |
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Atypical Canadian
2009 Vespa S50(LX150 motor swap), 2006 Vespa GTS250ie
Joined: UTC
Posts: 2319 Location: Toronto, Canada |
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jess wrote: Oh, FFS. |
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would be funny if vespa released an actual working (safe to use) pet carrier in the shape of a vespa
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The seller's entire product range consists of other people's logos and brands. Most marketplaces are full of copyists like this. There's no putting the genie back in the bottle. Besides, copyright can't be argued for in this particular case.
Needless to say, the original patch was superior. See how the checked pattern continues under the red script? How the red script extends into the blue circle? And the text at the top of the patch is balanced by the url at the bottom? ![]() Well let's just delete all that difficult stuff and copy what remains:
💩 💩 💩
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adri wrote: Time to trademark the name if you haven't already, sue Wal-Mart, and retire a wealthy man in the Algarve lol ⚠️ Last edited by jess on UTC; edited 2 times
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Ironfoot wrote: Besides, copyright can't be argued for in this particular case. Ironfoot wrote: Needless to say, the original patch was superior. See how the checked pattern continues under the red script? How the red script extends into the blue circle? And the text at the top of the patch is balanced by the url at the bottom? Or maybe that was their attempt at making it appear just different enough to avoid legal issues. |
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Actually you can argue copyright as a derivative work. https://www.copyright.gov/circs/circ01.pdf
Though it wouldn't be worth pursing beyond the procedures in the eBay and Walmart links. Copyright is automatic upon fixing in a tangible form so you don't even need a copyright notice. |
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Yeah, it certainly is a derivative work in its wording and its design arrangement. The checkerboard grid is even divided into the same number of units. But the main focus of both patches is a pre-existing logo belonging to a well known brand.
For the creator of the first patch to make a claim for copyright infringement on the second patch would require a great deal of brass neck, as we say in the UK.
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Hobbitus Moderatorus
S50, R1100s, way too many pushbikes
Joined: UTC
Posts: 11685 Location: Hermit Kingdom |
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UTC
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znomit wrote: So we're all People of Walmart? I get all my meat at the local meat market. Everyone who's anyone knows where that is. |
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Molto Verboso
Modern Primavera (not pictured); Moto Guzzi V-85 TT
Joined: UTC
Posts: 1840 Location: Los Angeles, CA |
UTC
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jess wrote: Even though I did, for the record, coin the phrase "Modern Vespa". |
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MV Santa
GTS250, 1975 VBC, 1980 P200E cutdown, GT200L
Joined: UTC
Posts: 5005 Location: Sedgwick, Kansas |
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MV Santa
GTS250, 1975 VBC, 1980 P200E cutdown, GT200L
Joined: UTC
Posts: 5005 Location: Sedgwick, Kansas |
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Ossessionato
2009 GTS250, Ducati Monster M900, KTM 390 Adventure, Honda CR125
Joined: UTC
Posts: 2114 Location: Oceanside, CA |
UTC
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jess wrote: Or maybe that was their attempt at making it appear just different enough to avoid legal issues. When she looked into legal options with a copyright lawyer she was told that the knockoff looked to be at least 15% different, which pretty much put them in the clear. |
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vintage red matthew wrote: Maybe you should copyright Modern Vespa. |
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Molto Verboso
Modern Primavera (not pictured); Moto Guzzi V-85 TT
Joined: UTC
Posts: 1840 Location: Los Angeles, CA |
UTC
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I think having coined a term that is used around the world, even by people who aren't on this forum, is an achievement. My friend David Cohen coined the word "cromulent" and it's almost my favorite thing about him.
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Modern Vespa is the premier site for modern Vespa and Piaggio scooters. Vespa GTS300, GTS250, GTV, GT200, LX150, LXS, ET4, ET2, MP3, Fuoco, Elettrica and more.
