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I will never understand how the law works...

Discussion in 'General Chit-Chat' started by visual800, Feb 22, 2014.

  1. visual800

    visual800 Very Active Member

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    So we have to be creative.

    a few years ago we sent a vw beetle to be restored to a guy in Texas. I searched and searched and tried to make sure this guy was good. I dug nothing up. Fast forward I got car back and it was the most janky work I had ever seen. I contacted several attoneys, no one would go after him. It was a lost cause.

    exhausted and pi$$ed I took his website, copied it and thats when it started getting attention. I got emails from folks telling me thanks for the warning and others saying how he has screwed them over. For the most part I was happy for what I did, I felt as though I was doing a good deed. I was amazed at how folks did not want me to post their stories cause they were "scared" of getting sued. I told them this is why I got got screwed cause no one would speak up. Oddly enuff I was contacted by an attorney that told me to " cease and desist." I opened letter, read it and wrote FY in bold marker across page and mailed it back to attorney, I have hear nothing since then.

    here is his website
    http://jjvolkswagen.com

    here is mine I created
    http://www.jjvolkswagens.com

    How can an attorney come after me for doing this but do nothing to someone thats screws people over and over again. And why are people so damn "whipped" into not standing their ground and defending what it is right
     
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  2. Pixels Are Bad Mmmkay?

    Pixels Are Bad Mmmkay? Very Active Member

    Wow. What a bad deal. I know nothing about restoring cars, but even to my untrained eye his work looks shoddy. Good for you for taking what action you can against him.
     
  3. WildWestDesigns

    WildWestDesigns Major Contributor

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    It's relatively easy and cheap to send a cease and desist letter. If you follow great, if not, their lawyers didn't have too much effort involved.

    However, initiating a claim and one that goes across state lines that could be something else entirely. Did you contact lawyers in Texas or did you talk to the ones in AL? Depending on the law for this type of claim, determines rather it's dealt with in AL or in TX. It might have just been that the lawyers that you contacted just didn't want to deal with it period, rather it had merit or not. I just know the broad strokes, unless there is just some nuance that is there in this case that precludes you going after them beyond what you have done, I just don't know.

    It is scary, you really do have to watch what you say at times. Rather or not you are justified in saying it is something else, people will still threaten suit. Some will go all the way, even though nothing wrong was done.

    A cease and desist letter was just a hail mary on their part. If they had truly gone after you, you would have heard from them beyond that letter.

    Those pictures there do not look good at all, that is for sure.
     
  4. player

    player Major Contributor

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    How much did the work cost?

    Was there anything he did that had value?

    Maybe a small claims case...
     
  5. visual800

    visual800 Very Active Member

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    Wild he had it in his contract he only uses lawyers in TX. I SPOKE OR CALLED ABOUT 15 attorneys over there and most already knew of him. Damn shame. They all know and do nothing. I posted all this on a VW FORUM and the owner or the forum contacted me by phone and confirmed this guy sucks. I asked if I could put his info on my website and he exclaimed NO! People are pu***s im sorry to say. As far as this guy comin after me, bring it!

    and dude I wouldnt waste time with small claims. What i did was much better. I paid this guy over $16k on this car and sold car on ebay for $1800 to a guy in ga
     
  6. spudstr

    spudstr Member

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    As long as the statements are true, there is nothing wrong really. If you want I have a FANTASTIC first amendment attorney i can refer you to.

    You are mostly protected under 1A. Which in your opinion he did ****ty work. You paid for the work he performed and he did a ****ty job. You are perfectly entitled to tell them to **** off.

    However, you might want to change your design/look of your site. That they can send you a c&d for. But posting information they cannot.

    --Source I work and deal a lot with 1A issues as my main company is a rather large hosting/NSP/MSP
     
  7. visual800

    visual800 Very Active Member

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    Thats sites been up for 3 years now so I dont see them doing anything. As a matter of fact after i replacated the site he changed his to the one he has now so once again copied it.
     
  8. spudstr

    spudstr Member

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    Alternatively he can also take the domain name from you. He would have to file an UDRP with WIPO, ($1500 Filing fee) and whatever lawyer fee's to draft the paper work, or do it himself.

    They might issue the c&d on the domain name itself, stating its "confusing the brand" because you simply put an S on the end of it. So the C&D may be used for several things, the design or the name itself.. which are technically valid claims.

    --Source, we took a competitor to WIPO arbitration that had a variation of our company name for the URL, and we won.
     
  9. WildWestDesigns

    WildWestDesigns Major Contributor

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    Sometimes, it's even less then that. If you believe that it's true that's enough to protect you. It's when you say something that you know is false (particularly libel defamation) that's when they can get you.

    I doubt it will happen on that claim though. Now the design angle, that might be a tricky situation.

    I have to wonder exactly what they knew or what was going on behind the scenes (local politics of the area if you will) as to why they didn't do anything. You are right though, it is very much a shame.
     
  10. shakey0818

    shakey0818 Active Member

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    Why would you pay the guy 1 dime.If you don't live near him i would at very least required pictures of the progress before any checks were sent.As far as the website goes.Keep it up as long as you can.I would just let it go as you did the car.
     
  11. Rick

    Rick Certified Enneadecagon Designer

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    I have a 67 VW, no one touches baby... well except for my kid, and thats why baby is not running right now!
     
  12. Rick

    Rick Certified Enneadecagon Designer

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    WAIT!

    Sooo, you sold the car?

    Did the car have some emotional connection? Or were you investing
    in the car?

    Now a '74 Bug is not a prime year to restore and resell. One remark
    about VW's manufactured 1968 and later is quite offensive. Look at what
    you can get for 14k

    http://www.thesamba.com/vw/classifieds/detail.php?id=1602509

    I know thats not what this post is about, but you can't get everyone
    all up in arms at The Samba when you only posted about this guy and
    not contribute to the site with actual info. You only have 5 posts there,
    and it's only about your story. It's like some newbie coming
    here at Signs101 and having a beef with a sign shop no one really
    knows. This has been going on for 3 years already. Contribute to
    The Samba where you will add to your credibility, and then maybe
    people will want to have their story on your site. No ones is going
    to stick their neck out when you aren't attached to some reputable
    community.

    The other thing, your pics show very little. You need more pics at
    various angles... but it seems like selling the car.. you kinda moved on.
     
  13. visual800

    visual800 Very Active Member

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    montgomery, alabama

    No restorer is going to work on a car without money and as I said I tried to research and found nothing on him. Becuase no one talks.
     
  14. visual800

    visual800 Very Active Member

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    montgomery, alabama

    rick that car was my dads and he gave to me at 16. That car was so jacked up i was done. If you saw my website you could see I was gonna rip back into it and I just was done.

    the samba is one of the places I posted it and was contacted by a dude there. If there are no posts on there by me they took them down
     
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