[Nettime-nl] logo war & parody

["Eveline Lubbers" <evel@xs4all.nl>]

Interessante zaak. Bedrijf stuurt dreigbrieven aan aktiegroep
Aseed om bedrijfslogo van aktie-site af te krijgen.
Het gaat om parodie-gebruik van het bedrijfslogo op de website
van de aktiegroep.
Het is in het engels maar het gaat om een zaak in Nederland..
gr
eveline


Eyeforenergy wants A SEED to remove a parody of their logo from our website. But
who the fuck do they think they are? Why do we have this logo on our site? And
why aren't they as 'unbiased' as the say? The full story at
http://www.aseed.net/eye/conversation.htm

Introduction

Eye for (an) Eye: Defamation and Illegal practices in perspective

On the Tuesday the 23rd April, A SEED received a phone call from Eyeforenergy
asking us to remove their logo from our website, citing the reason that we were
using their logo illegally and hence contravening trademark laws in the EU and
Europe.

Next day, wednesday the 24th of April, they contacted our webserver Antenna, by
phone and a lot of emails. If the logo isn't removed within one day they will
start a legal action which may result in both our and other Antenna sites being
shut down, 'until the problem is sorted out.' And at the end of this email
shamelessly try to show their good intentions towards the world: "This would end
up not only taking down A SEED's presence on the web, but no doubt other
non-profits as well. It would seem that would be counterproductive to the aims
of the organizations you support." Moreover they changed the charge at bit; it
is not their logo that is the problem but the version where we changed the text.
According to them the A SEED website "contains defamatory and illegal content,
the main offender being an altered version of our logo, which contravenes
trademark laws throughout the EU and Europe."

At this moment we are searching for information about this issue and what rights
and choices we have. Quite a few people have been helpful, and for our 'problem'
we have received different kinds of advice. Another problem is that we don't
have money (and don't have people and time) for a court case. For now we removed
the pictures from our host, Antenna. They support us but don't have money for a
court case either. Instead of hosting the pictures at Antenna we just have links
to other places, so the site still looks the same. This will change the legal
situation, but we aren't safe yet (see case Deutsche Bahn against Xs4all and
Indymedia.nl). Our argument against Eyeforenergy is this is satire and not their
logo. As long as you don't use this for making profits, this has never been a
problem. But whatever happens afterwards, we will make sure Eyeforenergy will
get some bad publicity because of this. (Ha, Ha)

---cut--

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