The problem with Alan Hyatt

  • Thread starter Thread starter ozraves
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But you're still missing the real point. As lots of people are pointing out to Oz, it would cost an awful lot of money to fight this, and it's easier to drop the advertising. Nothing then happens....except no advertising for TFPro. Neat, innit?
 
chessrock said:
Freshmatty: What entity and what decisions are you refering to?

MojoPie.

Basically, my WAG (Wild Assed Guess) would be that by running the ads, MojoPie is responsible for furthering the confusion in the marketplace and the misuse of trademarks. MojoPie states on the website that they exercise control over advertising, and therefore must accept responsibility when one of those advertisers misuses trademarks.

http://www.mojopie.com/advertising.html

Again, I'm a network admin, not a lawyer, so this is just my WAG.
 
Alright, let's pretend TFPro pumps out a defective product, or one that causes bodily harm to young children who swallow the knobs that easily break off or something. :D

Is Mojo Pie now liable for that, too?

Look, media companies can't be held liable for trademark infringements of it's advertisers. That's their issue. Mojo's just running the ad.

I swear, some of you guys are just so far up this dude's ass (Alan's), you think he can do no wrong.
 
chessrock said:
Alright, let's pretend TFPro pumps out a defective product, or one that causes bodily harm to young children who swallow the knobs that easily break off or something. :D

Is Mojo Pie now liable for that, too?

Look, media companies can't be held liable for trademark infringements of it's advertisers. That's their issue. Mojo's just running the ad.

I swear, some of you guys are just so far up this dude's ass (Alan's), you think he can do no wrong.


With a good lawyer and the right judge, you bet your ass they would be held responsible.

You're entitled to think whatever you want about which ass I'm up, but I can assure you it isn't Alan's. For the record, I currently own 2 SP Mics. I have owned as many as 4. That is the extent that I'm up the ass in question.

We have a difference in opinion, based the facts available to us. Let's leave it at that.
 
freshmattyp said:
With a good lawyer and the right judge, you bet your ass they would be held responsible.

Which, in my opinion, is slimy and imoral . . . and anyone who employs that tactic should be slowly tortured unmercifully. :D
 
freshmattyp said:
With a good lawyer and the right judge, you bet your ass they would be held responsible.

You're entitled to think whatever you want about which ass I'm up, but I can assure you it isn't Alan's. For the record, I currently own 2 SP Mics. I have owned as many as 4. That is the extent that I'm up the ass in question.

We have a difference in opinion, based the facts available to us. Let's leave it at that.

The advertising medium is not responsible for anything at all. The advertising space is sold and it is up to the advertiser to fill it. This BBS is space and it is up to us (the users) to fill it up. The BBS holder is not responsible if you blow up your dynamic mics when applying phantom power. If you use the advice on the BBS and kill your mics, that is your problem. However, the BBS owner like the advertiser CAN choose not to accept advertising based on any decision or criteria that they feel. This was covered in one of my law classes very well. The lawyer for SP should be talking to the manufacturer who is doing the wrong. Without court action, it is a moot point and is just a scare tactic.
 
acorec said:
The lawyer for SP should be talking to the manufacturer who is doing the wrong. Without court action, it is a moot point and is just a scare tactic.

aka : bullying
 
regebro said:
I'm sorry, but honestly, what is so "meek-looking" about the Edward? The typical look (what I think the lawyers are calling "dress rights") is that they are green, have a dead ugly joemeek logo that looks like something a kid created with rub-on lettering, and are just in general look "homemade".

The joemeek look is "We don't put any money on looks, only on sound, and we are green".

The Edward is not green. The TFPro logo looks like something an artdirector has come up with. The same goes for that P8 mark on the right, which fits with the TFPro website, and obviously is the idea of somebody that are in charge of designing the stuff. The Edward does NOT look like "we don't care about how the boxes look". I can not in my wildest imagination see how anybody, from looks alone, could think that the Edward is made by PMI Audio. The only similarities are in fact that the VU meters are square, and the buttons are the same. Don't tell me that it's just because of the buttons, because I don't believe it.

By the way, from the looks of the new designs on PMI Audios homepages, they are TOO dropping that "We don't care about looks"-look, including getting all new, cool round VU meters (I do think the new designs look awesome, this is not a critisism, I'm just noting that it's changing). So PMI audio are not going to keep that part of the joemeek "trade dress", either, so why fight about it? It's just silly.

Old joemeek boxes are butt ugly. The new ones aren't, and neither are TFPros. The confusion on the market are created solely by TFPro first making green boxes, and their distributors now selling TFPro stuff under the joemeek trademark, which they shouldn't.

Ozraves have done none of this and should therefore not get any stupid letters from lawyers trying to sue him.

I don't see how those red boxes appeal more to you than meeks. I'm no meek or tfpro advocate here, but simply stating the obvious. have a look at these 2 designs and tell me the only similarity they share is the square meter (btw, if Iam breaking any laws by posting these pics, please let me know or deleate it)
 

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Hmm.

Apart from the colour, a switch and some writing I'm having a real hard time seeing any substantial difference between those two units.
 
Mark7 said:
Apart from the colour, a switch and some writing I'm having a real hard time seeing any substantial difference between those two units.

And how, exactly, does that make MojoPie liable for trademark infringement for publushing a TFPro advertisement? Sorry, but whether or not Alan has a legitimate claim against TFPro and Ted Fletcher is irrelevant. He does *NOT* have any legitimate claim against MojoPie and ozraves. I'd be very interested to see his lawyer explain the basis of liability. It's certainly not trademark infringement because, even if Alan owns a mark used in the TFPro ad (which is not entirely clear), ozraves is NOT using the mark as a trademark. In order to be liable for trademark infringement you must be USING THE MARK AS A TRADEMARK. Mere publication of the mark doesn't cut it. And I'm quite sure that Alan's lawyer would know that.
 
I'd like to take up a class action suit against both parties for being so cliche by building useless garbage to capitalize on the vintage craze.
 
jslator said:
And how, exactly, does that make MojoPie liable for trademark infringement for publushing a TFPro advertisement? Sorry, but whether or not Alan has a legitimate claim against TFPro and Ted Fletcher is irrelevant. He does *NOT* have any legitimate claim against MojoPie and ozraves. I'd be very interested to see his lawyer explain the basis of liability. It's certainly not trademark infringement because, even if Alan owns a mark used in the TFPro ad (which is not entirely clear), ozraves is NOT using the mark as a trademark. In order to be liable for trademark infringement you must be USING THE MARK AS A TRADEMARK. Mere publication of the mark doesn't cut it. And I'm quite sure that Alan's lawyer would know that.

...and just how does that make Mark reliable for this legal issue? he made a comment on the "look" of these 2 designs and you took out your law book:eek:

Al
 
A1A2 said:
...and just how does that make Mark reliable for this legal issue? he made a comment on the "look" of these 2 designs and you took out your law book:eek:

My point is that people are missing the point. Alan's threats against ozraves can't be justified on the basis that Alan might have a legitimate beef with Ted Fletcher.
 
jslator said:
My point is that people are missing the point. Alan's threats against ozraves can't be justified on the basis that Alan might have a legitimate beef with Ted Fletcher.

I said this on the other board, and I'll say it here. My contention was wrong about the issue of the ads. I'll plead ignorance of the actual case law. I'll leave it to others to determine Alan's motivation. As for the issues between PMI and TFPro, that seems pretty cut and dried to me, but I'm no lawyer.
 
jslator said:
My point is that people are missing the point. Alan's threats against ozraves can't be justified on the basis that Alan might have a legitimate beef with Ted Fletcher.

Maybe I'm missing the point, but I'm really not into the legal rights issues at this moment. My point was, they look identical and sure confuse the hell of me, so, I am actually happy that someone, Alan, is clearing things up here legally or illegally. Steve probably has the right to post ads for tfpro, but, again, that's exactly my point. As long as tfpro advertises their stuff anywhere, someone out there is gonna confuse them with PMI, and PMI nor dumb consumers like myself want that.

I hope you understand that I'm speaking from a consumer point of view here. On a dif aspect, you do have a point.

Al
 
Alright, so I think we all at least have come to an agreement that :

a) TFPro and Ted Fletcher are a bunch of dicks.

and

b) Alan's an even bigger dick.
 
Besides Alan...the infringement hurts his investors, his employees and his coustomers...why do you think the price of his Steven Paul Mic went up so high. Because of all the legal overhead.

Geez, whenever Behringer does that shit every self rightious one of us jumps on the Kill Behringer Bandwagon. why not some support for the victim here.

And Ozraves, if Alan has been a faithful advertiser for you in the past...why would you throw that away for a temporary thing like TFPro:rolleyes:
 
I don't know who is the biggest dick, but I do think that this thread is a bit disrespectful. I mean, Alan is a person too.
Even if you guys think he's the crap, posting it all over a public forum is a bit overkill.... I don't know. Maybe I missed something.

I feel that legal and private issues between individuals shouldn't be blown out in public....no matter who's involved.
 
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