We must defend MGoBlog
Hello,
I have been reading this blog for about 3 years. I appreciate everything that Brian has done for the community, and in a way, he is an important part of this community's fandom. Brian's hard work is never taken for granted by myself and many others on a daily basis.
I am writing this because last week on the way to my tailgate I saw a tent selling knock-off MGoBlog shirts. I've attached a picture so you can see. This was on Hoover on the south end of Elbel Field. Please check it out.
Brian puts his heart and soul into this site. Someone, who's obviously been to the site, is ripping off his ideas and profiting off of them. If you are this person, or know this person, please do the right thing. Also, spread the word about this to anyone who needs a new shirt. Don't let them buy a knock-off from these fools. Brian's income is earned, well deserved I might add, from T-Shirt sales, book sales, and ad revenue from this site. These folks are stealing Brian's ideas and taking money out of his pocket. Let them know this is not acceptable.
Brian does a lot for us, lets repay the favor.
Also, I don't think e would appreciate one of his ideas hanging next to a "Buck the Fuckeyes" shirt. Never in a million years.
October 3rd, 2008 at 9:53 PM ^
October 4th, 2008 at 1:50 PM ^
October 4th, 2008 at 10:56 PM ^
October 3rd, 2008 at 10:11 PM ^
October 4th, 2008 at 1:04 PM ^
October 4th, 2008 at 2:07 PM ^
The supersonic jingling virbations disrupt their thought patterns.
Sorta like a dog whistle.
October 3rd, 2008 at 10:25 PM ^
October 4th, 2008 at 2:09 PM ^
October 3rd, 2008 at 10:41 PM ^
October 3rd, 2008 at 10:42 PM ^
October 4th, 2008 at 12:11 AM ^
October 3rd, 2008 at 10:53 PM ^
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October 4th, 2008 at 12:26 AM ^
October 4th, 2008 at 2:01 AM ^
October 5th, 2008 at 6:08 PM ^
October 4th, 2008 at 2:57 AM ^
October 4th, 2008 at 9:25 AM ^
I see that cart pretty much weekly across from the Union and I hadn't seen those rip-offs before. True, I don't exactly study his wares, but I think I'd have noticed.
Do we have a way to find out who this is? Does he or does he not need a license to be vending on University property? If there are any attorneys here willing to pursue, I'm willing to assist with a little research.
Or, y'all could take the more immediately satisfying gsimmons85 response, but I'm not much help there. I hit like a girl.
October 4th, 2008 at 10:50 AM ^
October 4th, 2008 at 11:00 AM ^
October 4th, 2008 at 10:50 AM ^
October 5th, 2008 at 12:59 PM ^
October 4th, 2008 at 12:03 PM ^
October 4th, 2008 at 3:36 PM ^
That is like saying you can't copyright poetry because the letters are public domain.
October 4th, 2008 at 1:30 PM ^
Before we break out torches and pitchforks, are we reasonably certain the clothing wasn't purchased from Brian and simply is being resold at mark up?
Some quick observations:
Short phrases and elementary graphical shapes are not copyrightable. A combination of these might be protectable, however. So some of the clothing content may be subject to copyright while the rest may be public domain.
Did Brian originate the phrases/designs? If not, does he hold an assignment (title transfer) or exclusive license (permission) from the authors/designers? He'll need to qualify under one of these prereqs else he won't have "standing" to do anything about the situation directly.
Also, while copyright does vest instantly upon the creation and fixation of a protectable "work" in a tangible medium, a copyright claimant cannot sue or take any other action under US copyright law unless he has at least applied for a federal copyright registration. No exceptions.
Only federal courts can entertain copyright infringement actions. This costs money - probably a lot more than Brian could hope to recover even if he decided to proceed as his own lawyer.
Brian may have trade identity (trademark) claims available to him. He would have to show the content functions as a distinctive mark in commerce but wouldn't need to apply for registration - the common law and state statutes should be sufficient. Still this costs money.
Unfortunately, there are wrongs that cannot be remedied by law. This may be one of those situations.
Let's make sure the goods aren't genuine before we get all lawyerly.
Go Blue!
October 4th, 2008 at 8:04 PM ^
"Before we break out torches and pitchforks, are we reasonably certain the clothing wasn't purchased from Brian and simply is being resold at mark up"
Take one look at the picture. They are not the same ones Brian made.
Whether or not its infringement the issue is that someone who reads this site made shirts to rip Brian off. I hope he's man enough to come forward.
October 4th, 2008 at 11:11 PM ^
October 4th, 2008 at 9:19 PM ^
October 4th, 2008 at 9:26 PM ^
October 5th, 2008 at 9:18 AM ^
October 5th, 2008 at 10:57 AM ^
I've met the guy who runs these tents. He's the short filipino guy who is usually hanging out nearby while a couple of girls in school sell the shirts. He always rips off the t-shirt ideas, and is pretty unapologetic about it.
I think the real solution to the problem would not be to kick the guy's ass or burn up his cart, but for someone to hook up with Brian about setting up a tent of his own; it's been like two years or something since I talked to the guy, but I seem to recall that's the shirt salesman's biggest fear.
I mean, if you look at the shirts they're just shitty knockoffs; if you give the fans the choice between Brian's shirts with the better design and the un-watered-down joke (seriously, where's the "{of space}"), it's easy to see which they'd pick. It all depends how much Brian wants to get into shirt sales as a means of income.
October 31st, 2008 at 8:28 AM ^
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