]I read some these stories and quite frankly, I have to raise the BS flag on some of them. The story about the Harley banner,[/COLOR] that would've made news- I searched it out, found zilch. Not saying it didn't happen but I'm skepical. Because during that search I did find literally dozens different reports of Harley suing for infringement, and the vast majority of them stated they had issued cease and desist orders, or were suing simply to stop the infringement, NOT for everything someone owns just to destroy it out of spite. Harley has of course been awarded monetary damages, but in these cases (that I found) the infringer was knowingly and blatantly manufacturing and selling counterfeit goods. This is is bit different from someone UNknowingly buying a few hundred bucks worth unlicensed goods and reselling them. This is grounds for a cease and desist order, not a $50k settlement. And it's not like Harley is so innocent:
http://ghiplaw.com/lawsuit-filed-aga...-infringement/
I was hit with trademark infringement about 12 years ago, and during the same period a customer of mine was also hit. We both got cease and desist letters. I ceased and desisted, my customer, who sells over $40k a month worth of the same company's other items, told them fine, but he'll stop selling their items and just sell $40k's worth of someone else's stuff a month. They changed their tune, haven't bothered him since. Ironically, the stuff he sells that "infringes" (debatable)... I think I'll digress
and just yesterday I was hit with a C&D from the ATF, they sited that I was breaking the law since
Of course, they conveniently left OFF a significant, and very important section of the same law they're using against me-- Sections (C) as referenced above (definition of a DEALER), and also section (D) below (definition of a GUNSMITH) reads at the end:
Get that? If I'm only OCCASIONALLY engraving firearms, I am
specifically NOT defined as a GUNSMITH! And this is EXACTLY why Nathan Palmer of our local ATF joint told me 3 years ago that I COULD LEGALLY ENGRAVE GUNS.
But that didn't stop 2 ATF agents from 'setting me straight' yesterday. And as they walked around my shop, they found dozens of various SS plates, a few hundred lamacoid labels awaiting tape, 3 cases of SS radiator covers, about 15 aluminum operator panels in progress, a hundred AB legend plates I'm working on, 2 dozen green lamacoid 'start' buttons, shelves and cubbies loaded with lazersteel, brass, trophy aluminum, countless sheets of Rowmark, a couple dozen motorcycle seat leathers, 100 or so Jetway buttons, 50 or so AV cases the fiber is engraving, an "enter here" sign, some urns, couple of dozen boxes of glass awards, about 500 cowbells, couple of cases of aluminum alloy trays, some stainless trays, about 4 cases of small flashlights and Gerber knives, some brass police badges, a dozen or so rings I need to learn to engrave on the fiber, 2 cases of wood earring and watch boxes---
--and all of ONE AR lower, and TWO shotgun receivers, that remain un-engraved, awaiting the owners to pick them up.
I triple dog dare ANYONE to prove I'm anything BUT an "occasional" engraver of firearms! If I fought this, I would likely win, the law as written is clear....Or, is it, and could I? I've also found some rulings that simply state "if you engrave what we call a firearm, you need a license". But, that's a 'ruling', not a 'law'. And I found another ruling that seems to contradict the last one. The simple fact is, the end result of any legal action is all dependent on how the person(s) with the final say interprets the law. Or the ruling...?
Which is the whole point of my mini-novel here: don't believe everything you read, see or hear when it comes to legal issues, especially those requiring a license or permission to keep someone from suing you or throwing your butt in jail. If you're not sure if you need a license, chances are you do (even if you don't
) Safest route is to just play it safe. And if someone DID actually pay someone $50 large over a few hundred bucks worth of 'innocent infringement', they either didn't have a lawyer, or the one they had was in on the scam. I would love to see some actual news reports on these stories, I'm okay with being proven wrong!
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