We must defend MGoBlog

Submitted by AnthonyC on

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.

Comments

Sommy

October 4th, 2008 at 1:50 PM ^

I just got laid off, so I have some free time and wouldn't mind heading down to the Union in the middle of the week to give these guys a piece of my mind.

scottcha

October 3rd, 2008 at 10:25 PM ^

I like how the "Worst state ever" shirt says "(ohio)" just below the main text.  You know, in case you couldn't tell by the outline of America's armpit.

Dix

October 4th, 2008 at 12:15 AM ^

That pisses me off! Those babies are copyrighted are they not? This site has some lawyers, someone find out who they are and one of us suits will send a threatening letter on the scary letterhead. (my bar admission isn't Michigan)

gsimmons85

October 4th, 2008 at 2:01 AM ^

now its time to see if i've rubbed off on you at all. Who is going to knock the f'ers out? who among you has the balls to go up to them, and rip that shit down? you guys cant let people take advantage of you like that espically in a football enviornment... am i going to have to take a trip up to michigan, not to see a game, but to kick someone's @ss?

GNM

October 4th, 2008 at 2:57 AM ^

Wow, that is really bad. This is blatant copyright infringement that is taking money out of the copyright holders pocket.

I know Brian mentioned the Bo society had sent him letters demanding he quit profiting from Bo's likeness. This is a much more clear cut example of using images and ideas that are not your intellectual property. I know the blogosphere is all about the open trade of ideas, but that is pretty slimy, especially since the shirts are just about the only content Brian doesn't give away for free.

Anyone think a "cease and desist" would do anything? Is civil litigation even practical from a cost/benefit perspective? Any Michigan law students/alumni on here looking for some pro bono work?

Other Chris

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.

chitownblue (not verified)

October 4th, 2008 at 10:50 AM ^

Don't get me wrong, it's shitty. But everything you say hinges on the shirts being copyrighted. Just looking at my own "Worst State Ever" shirt that I purchased from MGoBlog, it doesn't look like it is. The shirt is subtly different looking.

In short, shitty, yes. Unethical, yes. Illegal? Seemingly no.

MI Expat NY

October 4th, 2008 at 11:00 AM ^

A copyright is automatic.  Under the Berne convention, you don't have to claim protectection to be able to enforce it.  It is my understanding that the problem with not claiming copyright protection is that it may have the effect of limiting infringement damages, meaning it might not be worth it to pursue a civil case.

chitownblue (not verified)

October 4th, 2008 at 10:50 AM ^

So in other words, the only remaining recourse is what Gsimms says - lets light the cart on fire.

WolverineBetwe…

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!

AnthonyC

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.

MechE

October 4th, 2008 at 9:19 PM ^

The white and light blue shirts in the picture say "Freshman Girls: Get Them While They're Skinny". Har Har. I'm going to jingle my keys at them so hard!

chitownblue (not verified)

October 5th, 2008 at 9:18 AM ^

1. The outline of the state of Ohio is not "intellectual property".
2. The Wording on both the Zoltan and Worst State Ever shirts is slighty different.

So, there is no "lawyerly" thing to really do. Someone either reads the site, or saw someone wearing the t-shirt and ripped it off. That's shitty. But I don't see a legal matter.

JDS

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.