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Poll

Should have they recived a cease & desist?

Yes. They were using somebody else's design and thats not right.
Yes and No. While yeah they were taking somebody else's design, they were not really doing anything wrong. It's all for cosplay... They won't make millions.
No. They took the photo. They should have the right to reproduce it however they please.
No. It's just carpet. Jeeze....
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Marriott carpet designer threatens cosplayers with legal action.

Offline KPK

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All over the internet are pictures of the two carpet camo cosplayers. Apparently the designer of said carpet is not happy about it, or the fact that they offered the fabric up for sale. Now they are threatening legal action. Thoughts??


You can read about here.
http://www.dailydot.com/fandom/marriott-hotel-carpet-cosplay-legal-action/

Offline Charismaryllis

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #1 on: September 20, 2013, 03:26:33 PM »
so those two guys had spoonflower make the fabric for them?

can you trademark or somehow copyright protect a pattern?  hmm.  may have to run this by the trademark guy downstairs.

at any rate--this is idiotic.  remind me not to buy any couristan products.  (hell, i didn't even know they were still in business.)
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Offline Trathor

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #2 on: September 20, 2013, 03:28:46 PM »
Wow... talk about people being sensitive.  They should be grateful.  Before these guys, if you gave me a list of prints and said 'tell me where you have seen any of these prints', I never, never EVER, would have picked out that pattern and said 'Marriott Marquis hotel carpet'.... EVEN IF I WAS STANDING ON IT. 

Just wow. 
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Offline Confused Mortal

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #3 on: September 20, 2013, 03:33:20 PM »
There are attorneys out there that will send cease and desist letters for anything just because they can.   This seems ridiculous and I would bet be the attorney realizes that too. 
« Last Edit: September 20, 2013, 03:42:32 PM by Confused Mortal »
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Offline Charismaryllis

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #4 on: September 20, 2013, 03:44:39 PM »
pesky single quotes...

ah, spoonflower s fine print:

Respect and support for copyrights, both yours and those of others. You cannot upload designs to Spoonflower that you don t own or have permission to reproduce. Whether or not you have legal permission to reproduce a design is not something we can determine for you. It is your responsibility to understand the permissions associated with any design you upload

it's still stupid.  couristan is a private co so i can't find out right off how much they make, but i'm sure it's still a pile, and the sensible way to handle this would have been to email the guys and say "totally cool!  just don't sell anymore, OK? thanks."

ok, manta says they're in the $20-50m range.  yeah, a couple guys in camo fabric will *not* break them.
« Last Edit: September 20, 2013, 03:47:20 PM by Charismaryllis »
"You and I remember Budapest very differently."

"I like feet."

"Am I being tangible? ...Gary?"

"How quickly can we buy this building?"

"...doors and corners..."

"Whatever just happened, blame it on the pig."

Offline Vayliya

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #5 on: September 20, 2013, 03:53:31 PM »
Maybe they can halt the sale of fabrics but I'm not sure they can actually halt the cosplayers.
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Offline KPK

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #6 on: September 20, 2013, 03:59:28 PM »
so those two guys had spoonflower make the fabric for them?

can you trademark or somehow copyright protect a pattern?  hmm.  may have to run this by the trademark guy downstairs.

at any rate--this is idiotic.  remind me not to buy any couristan products.  (hell, i didn't even know they were still in business.)

Yes. It's like art. It keeps people from mass producing someone else's work without giving them profits.

Offline Cortana

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #7 on: September 20, 2013, 04:46:14 PM »
I don't think they were trying to stop the cosplayers, just trying to stop somebody from selling a pattern that they own.  I think maybe it's a little silly but honestly I don't have have a problem with them sending a C&D letter, it's their responsibility to protect their intellectual property.

If the pattern had belonged to a small-time artist and Couristan tried to sell it, people wouldn't be upset about that artist trying to protect him/herself.

Offline Confused Mortal

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #8 on: September 20, 2013, 05:04:54 PM »
I don't think they were trying to stop the cosplayers, just trying to stop somebody from selling a pattern that they own.  I think maybe it's a little silly but honestly I don't have have a problem with them sending a C&D letter, it's their responsibility to protect their intellectual property.

If the pattern had belonged to a small-time artist and Couristan tried to sell it, people wouldn't be upset about that artist trying to protect him/herself.


Was it the exact pattern?   It just seems that with this type of thing that you could just change one or two lines in the pattern and it becomes something totally different.
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Offline Cortana

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #9 on: September 20, 2013, 05:13:42 PM »
I don't think they were trying to stop the cosplayers, just trying to stop somebody from selling a pattern that they own.  I think maybe it's a little silly but honestly I don't have have a problem with them sending a C&D letter, it's their responsibility to protect their intellectual property.

If the pattern had belonged to a small-time artist and Couristan tried to sell it, people wouldn't be upset about that artist trying to protect him/herself.


Was it the exact pattern?   It just seems that with this type of thing that you could just change one or two lines in the pattern and it becomes something totally different.


Yeah, if you saw them up close you could see that the fabric was like a screen printed photo. 

This is a quote from the person who was served the C&D letter's facebook:

"Courtisan, the copyright holder for the design of the pattern, is fully within their rights to issue a C&D and I absolutely support that action. I wouldn't want anyone recasting my props and they should take similar actions to protect their designs. "

I think this was just a case of poor judgement on his part (or just not realizing that carpet pattern art is just like regular art). It's not like they're going to sue him, they just don't want anybody making money off of their patterns but themselves, which is totally understandable.

Offline KPK

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #10 on: September 20, 2013, 07:01:45 PM »
Added a poll. Also here's another article.

http://www.geekosystem.com/cosplay-carpet/

TheDrunkenJedi

Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #11 on: September 20, 2013, 07:53:08 PM »
Well, on one hand, the cosplayers made a costume...no harm done, flattery yatayatayata.

On the other, they printed up the pattern for revenue...that changes things.

Offline basheesh

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #12 on: September 21, 2013, 08:45:05 AM »
I don't think they were trying to stop the cosplayers, just trying to stop somebody from selling a pattern that they own.  I think maybe it's a little silly but honestly I don't have have a problem with them sending a C&D letter, it's their responsibility to protect their intellectual property.

If the pattern had belonged to a small-time artist and Couristan tried to sell it, people wouldn't be upset about that artist trying to protect him/herself.

^-- This

Anyone who's ever been on the IP defense side of things (myself included) understands that this is all a very important and legally required process to protecting your IP. There is no room for being "friendly" or else you risk issuing implicit license to use your work for any number of unknown or unforeseeable purposes. Couristan took the very best approach here with a C&D. I'm glad the guys who made the costumes did not fight back, but in all honesty they should not have said anything like "Couristan was right." The best response is just, "Ok. We'll stop."
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Offline Palantir

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #13 on: September 21, 2013, 01:51:36 PM »
To reiterate Basheesh's crucial point about defending your patent/copyright etc... if you don't do it whenever it comes up you can't do it when it really counts. So if I started selling Mickey Mouse dolls and Disney found out and did nothing, then they would have an extremely hard time stopping Hasbro from doing the same thing on a massive scale. If the carpet guys don't go after the guys selling prints of their carpet there's nothing stopping another carpet company from selling that pattern. You have to defend your IP against everybody, no matter how small.

The only thing Couristan has to be ashamed of is making that carpet pattern in the first place.

Offline basheesh

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Re: Marriott carpet designer threatens cosplayers with legal action.
« Reply #14 on: September 21, 2013, 02:33:53 PM »
The only thing Couristan has to be ashamed of is making that carpet pattern in the first place.

Hahahahahahah!
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