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Company complaint?

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Oldfast

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Post Fri Jan 20, 2012 4:34 am

Company complaint?

Received an email from youtube today in regards to one of my videos. In it I pick an MMF money deposit bag. MMF Industries has filed a complaint.
I'm not sure how I should respond to this... or if I should respond at all. I just enjoy this hobby. I'm really not out to ruffle any feathers.
but by the same token... it seems to me, if something is put on the market and available to the public... IT'S FAIR GAME :D is it not?

I get to the money bag at about 1:50 into the video.... http://youtu.be/-JMN48yQqXU

I'm sure some of you have experience with this same scenario... and I'd really appreciate any advice you may have for me.
Here's the email I received (minus any personal info of the company... names, email address, etc.)

Hi there,

This message is to inform you that YouTube has received a complaint from a party claiming that you are using their trademark without permission on your YouTube account. Details of the claim are as follows:

-------------------------------------------------------------

Claimaint’s full name: ............
Title: Product Marketing Manager
Company name: Block and Compnay
Trademark owner: MMF Industries
Relationship to trademark owner: Brand manager
Contact email address: ............

------------------------------------------------------------
Trademark: MMF Industries
Brand: wordmarkandlogo
Registered: userights
Registered Country: us
Application or Registration No.: N/A
------------------------------------------------------------
Trademark: Ultima Seven
Brand: wordmark
Registered: yes
Registered Country: us
Application or Registration No.: 1,770,064
------------------------------------------------------------

Additional Information: www.mmfind.com
http_//www.mmfind.com/Products/Bags/Locking-Security-Bags/Details/12324-233110808-7-Pin-Security-Bags-in-Retail-Packaging-11-x-8-1-2
http_//www.staples.com/MMF-Industries-Nylon-Locking-Night-Deposit-Bag-Navy/product_513457
Video URL(s): http://www.youtube.com/watch?v=-JMN48yQqXU
Clarification of infringement: Published use of trademarks, images,
products, graphics, and packaging materials without permission.

-------------------------------------------------------------

The trademark owner has requested that the complaint be submitted to you in order to resolve the matter directly. Remember, you are responsible for content you post to YouTube. Please note that YouTube cannot provide you with legal advice - we recommend you contact your own counsel for guidance.

Sincerely,

The YouTube Team
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mister sour

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Post Fri Jan 20, 2012 5:09 am

Re: Company complaint?

WOW, Is this some SOPA shit? Seriously, its in ur hands, its their product. What is the big deal with mentioning what ur holding by name? I can kinda see where they might b pissed that their name/trademark is in ur vid w/o their permission, but u cant censor real life! I would considet removing it to avoid being sued. But I would also leave it up to propagate my point.
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ChemicalRobot

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Post Fri Jan 20, 2012 5:31 am

Re: Company complaint?

I'd say keep it up. You didn't "use" their trademark in any sense which would imply infringement. This is just a scare tactic to get you to take down your video because it shows how poor their locking system is.
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Riyame

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Post Fri Jan 20, 2012 6:01 am

Re: Company complaint?

Perhaps try contacting them and finding out exactly how they think you violated their copyright and if they feel you should take down your video to have then send a formal written request explaining in detail exactly what you did wrong and what they would like you to do about it.

If they say "if you don't take it down we will sue you".. Well, they could get into a lot of trouble for something like that.

Published use of trademarks, images, products, graphics, and packaging materials without permission.... While you did show the packaging and labels etc, you did only to show what company they came from, and I am not sure if that is against any trademark laws since you were not claiming it as your own.

Like Chem said, I think this is just a scare tactic.
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exiluxis

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Post Fri Jan 20, 2012 6:04 am

Re: Company complaint?

Have you heard from them agend after this message?
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Thedonofdeath

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Post Fri Jan 20, 2012 7:09 am

Re: Company complaint?

I say we all pass the lock around and post videos. I think they are just upset you owned there lock and made them look bad but can't call you out on it. I wouldn't worry about it. If you take it down every lock company will be pulling this crap.
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mister sour

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Post Fri Jan 20, 2012 7:42 am

Re: Company complaint?

Thedonofdeath wrote:I say we all pass the lock around and post videos. I think they are just upset you owned there lock and made them look bad but can't call you out on it. I wouldn't worry about it. If you take it down every lock company will be pulling this crap.

:agree: what do u say oldfast? i will stick my neck out with u. im loyal to my friends on here and we are soldiers of information.
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NNFAK

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Post Fri Jan 20, 2012 8:48 am

Re: Company complaint?

Hell yeah, pass the lock around Oldfast! If you do I call being third after Thedonofdeath and mister sour. This would be pretty funny.
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Thedonofdeath

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Post Fri Jan 20, 2012 11:00 am

Re: Company complaint?

Yeah, this is seriously what that is about. Its not like you were claiming its your product of even selling it as yours. Someone from the company saw this and went O S*** and is trying to cover it up. I say keep it up and pass it along :)
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whizdumb

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Post Fri Jan 20, 2012 12:56 pm

Re: Company complaint?

If this logic actually applied, then every product review on youtube would be subject to an infringement lawsuit. I'm really starting to get upset that the internet is starting to suck (well not really the internet but mostly corporations and governement that have direct influence over the internet). I say take down the video and repost it without specifying the name brand in the title or details. Just say money bag or be really vauge like "Watch me pick locks".
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xeo

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Post Fri Jan 20, 2012 1:35 pm

Re: Company complaint?

ChemicalRobot wrote:I'd say keep it up. You didn't "use" their trademark in any sense which would imply infringement. This is just a scare tactic to get you to take down your video because it shows how poor their locking system is.


:agree:
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nhoj_yelbom

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Post Fri Jan 20, 2012 2:21 pm

Re: Company complaint?

What bs, see if they will send a new version with high security assa desmo or something to test LOL
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MacGyver101

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Post Fri Jan 20, 2012 3:01 pm

Re: Company complaint?

They don't have a valid Trademark claim in this case: you're not trying to make money from this, you're not selling a competing product, and you're making a grass-roots consumer product review. There's are a number of "fair use" exemptions in Trademark law, and they were established precisely to allow people to publish things like your video. The Chilling Effects website is a great resource for this sort of thing (and the advice there at least comes from a law center, staffed by folks with a keen interest in Intellectual Property law, so the free advice is higher-quality than you'll find most places):

Chilling Effects: Nomimative Fair Use

You're not trying to sell a competing product using their trademark, you're not claiming that they're endorsing you, and consumers wouldn't be confused into thinking that you're talking about something other than their product. Ultimately that's what Trademarks protect: your product's name can't be applied to some other competing product or service. I can't sell a cola called "Tastes Like Coke", but I'm 100% free to hold up a can of Coke in a video and say "this is a can of Coke, and this is why I don't like it". Trademarks make sure the name is being applied to the right thing, they don't prevent consumers from saying something critical about a product.

The choice is ultimately yours, and clearly nobody likes to receive legal notices... but you'd be well within your rights to reply that their Trademark violation claim is without merit: a personal, non-commercial consumer product review is a well-established form of non-infringing "fair use" of a product's Trademark.
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mdc5150

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Post Fri Jan 20, 2012 3:02 pm

Re: Company complaint?

Thedonofdeath wrote:I say we all pass the lock around and post videos. I think they are just upset you owned there lock and made them look bad but can't call you out on it. I wouldn't worry about it. If you take it down every lock company will be pulling this crap.


:agree: Put me on the list I want to pick it. In fact I think there should be a lovely little note inside the bag so once it's picked open we can read the note on camera and sign it!
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vienessewaltzer

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Post Fri Jan 20, 2012 7:59 pm

Re: Company complaint?

I'll pick it too and upload a video. This is just the kind of corporate BS that needs to end. You're doing nothing wrong by picking your own lock in your own home that you purchased with your own money.
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