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Prop Master
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728 Posts
Discussion Starter #1
Well it's the second day of the 2015 and ghosts from the past just slapped me with a cease and disist order for some of my studio props. apparentley some of my props designs that i sell on my PropShop, that i designed were sold without my knowledge by my former business partner. So i talked to my lawyer and until this matter is resolved he has suggested not open the shop or post images on my site store for the time being. This means a lot of revenue i use for my haunt will simply be unavailable this year, so who knows what will happen, i'll i know is i'm not feeling very Haunt minded right now. i hope everyone else is having better luck this year than i'm having.:mad:
 

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Scaring kids everywhere!
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3,702 Posts
What type of props were you selling that he/she would be able to stop you from selling? I only ask because if it were a custom sculpt I could understand but if it was things like tombstones and coffins I highly doubt anyone could claim ownership as those are for the most part in the public domain.
 

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Undertaker
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3,270 Posts
What type of props were you selling that he/she would be able to stop you from selling? I only ask because if it were a custom sculpt I could understand but if it was things like tombstones and coffins I highly doubt anyone could claim ownership as those are for the most part in the public domain.
True dat.....unless you are running production runs of exact copies of tombstones and coffins. I would imagine they would have to be copyrighted or having a contractual agreement not to reproduce or distribute said material for a fixed period of time to bar any further production runs.
 

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Prop Master
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728 Posts
Discussion Starter #5
The Halloween Lady and oaklawn Crematory:

The props i sell are tombstones and caskets i make off a scematic plan that i originally created, so they are all the same in the house stock sense but i have done special orders but those are one of a kind. What they are claiming is that they own the rights to the scematic plans so i will have to talk to my attorney about producing specialized props, like build to order type stuff but it would take longer to produce. I plan on fighting this and my attorney say's i have a good shot at winning since the scematics are my original design and weren't involved in any original deal with my former partner. Just for right now he has advised me to stop production until he can respond next week.
 

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7,208 Posts
Originality, original ideas.. then someone tells you that someone you know has appropriated YOUR concept(s) , Ideas! Really burns the but.
After I did a routine of MINE here, the reaction was very subdued? Then one of the customers spoke up and said, "Oh, that's where (XXXX) got" his" idea for THAT routine!"
Another time some customers didn't realize that I was right behind them as they were watching a funny video I had made. The woman turned to her boyfriend (Who was wearing a SUIT!) and said:"Hey! YOU can use that down at "The Club" next Saturday night!"
I just prayed that he did and someone in his audience would have stood up and said,"You stole that from Jim Warfield at The Ravens Grin Inn, didn't you?"
We can always dream....
Most of the things I do and say here will never be "stolen" by haunters because they take too long to do AND I am trying to make them laugh, not scream.
Everything I build, draw, build, perform, I try to make it as one-of-a-kind as possible, simply because I feel life is too short to waste it trying to simply copy someone else.
Ravens Grin Facebook review pages sort of describe and try to explain what happens here.
 

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Prop Master
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728 Posts
Discussion Starter #9
Thanks guy's, my attorney said the same thing that it looks like my former partner came out of the wood work after all this time to try and make a quick buck now that i'm starting to have some success with my studio. My attorney has a plan to get rid of him that shouldn't involve court but for privacy reasons i can't post it here. Hopefully this matter is resolved soon but until then i will just keep working on my own personal home haunt stuff. Thanks again for all your support guy's.
 

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Insert Witty Comment Here
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4,484 Posts
Thanks guy's, my attorney said the same thing that it looks like my former partner came out of the wood work after all this time to try and make a quick buck now that i'm starting to have some success with my studio. My attorney has a plan to get rid of him that shouldn't involve court but for privacy reasons i can't post it here. Hopefully this matter is resolved soon but until then i will just keep working on my own personal home haunt stuff. Thanks again for all your support guy's.
if you can't say anything for privacy reasons and you already have a solution, why start the thread to begin with?
 

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I hope these issues get worked out for you. I know that when things mess with my halloween I get cranky and sad. If it is helpful, think of how happy your halloween makes you, and those around you. Some of my happiest and most memorable halloweens have happened when I was sure everything was doomed. My earliest, most simple homemade halloweens brought me much joy. The thought of having to deal with a lawyer about halloween would make me want to jump off a cliff- but don't worry. We got your back.
 

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Banned
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186 Posts
How elaborate are the schematics? Are these patented or trademarked or copyrighted in anyway? Is there some kind of mechanism inside? Are there molds or something both of you used or created? Are there similar props on the market that existed before your designs? How similar? What makes them so unique that your former partner can claim ownership or co ownership? I'm not familiar with your work so that is why I ask. I'm trying to grasp it all. As your attorney said if the schematics weren't in the original agreement then it should be smooth sailing in a week after he irons out what must be him with his do diligence? You know crossing the t's dotting the i's.
 

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Patent your designs each and every time. Otherwise, you will have little recourse. I post my work knowing that I am sharing my designs without claim to owernship or design rights. That's the way the world works. It is not always fair, but always C.Y.A.!

Eric
 

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Sorry to hear man.... Keep your head up high, makes it easier for the courts to cut you down like they do to so many for unjustified reasons. Wish you only my best for you and yours
 

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I'm sorry to hear that. Hopefully karma gives your former partner a swift kick in the rear, and soon.
 

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Prop Master
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728 Posts
Discussion Starter #20
OK here's an update on my situation.

From what my attorney say's is that, my former A'Hole partner has no real case because the designs i created for sale props are in the public domain and are not and cannot be registered unless my company name is on the prop, which it is and i am the sole owner of GRIMZI 13 PRODUCTIONS. Which in simple terms my company is trademarked but the designs are free for everyone, i mean how many people build tombstones and caskets etc. What that A'Hole is trying to do is saying is those are his designs (which aren't) that GRIMZI 13 PRODUCTIONS is using so want's 50% ownership of my company. Since the actual designs are in the public domain and my company was registered after we had already parted way's, he's the one who's screwed now. I know, he's an idiot who is only trying to mooch of my hard work.

So in the simple answer, he has no proof or case and i am going to open the PropShop in the later half of Feb. a little later than i wanted but better late than never. oh and i'm counter suing him for legal fee's. i was going to add another charge to it but i just want to get this over with and go on with my life. I believe in karma and that sleaze ball will get whats coming to him one way or another, i'm just happy that my lawyer finally gave me the ok to start my season. i will keep you updated on the progress and hopefully soon, my opening.

Thanks everyone.
 
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