Posts Tagged ‘kelly hutchison’

Busted by Cyber Police. – Fair Use law – Parody?

// January 6th, 2011 // No Comments » // News

Round 1.

On December 22nd 2010, I recieved a cease and desist letter from Jack in the Box lawyers and also recieved numerous emails informing me that a couple paintings I did and my Etsy store was in violation of  copyright/trademark infingement.



At first I thought it was all a joke… until I recieved an email from Etsy’s legal department.

– In honor of their request… I went ahead and have taken the images down and they will no longer be for sale.

–I am doing this… not because I feel the artwork I did was in violation of their trademark.   —The artwork was done in 2009 as a parody I feel was within the fair use law.


Within the letter… It claims the artwork “…bears marks or designs that clearly infringe upon and tarnishes, Jack in the Box’s registered trademarks”


tarnishes? – hmmm. I don’t know about that.

As If my artwork is not a dead give away… —I have nothing against the consumption of Marijuana. (Prop 215 California law.)  However… I have to question a bit their advertising department for their promotion of their food with a young adult “high” behind the wheel.   

–uncool.     :( 


Sponsers of the 2009 Guerilla Union Smoke-Out Cannabis Cup Medical Marijuana Expo.


I like Jack in the Box.  I live 3 blocks away from the historic first Jack in the Box Fast Food Restaraunt.

I eat there maybe once a month. –Anymore than that… I don’t trust it won’t kill you.


What I find the most troubling about all this… is not the cease and desist letter. ( This is my third one I have recieved since I have started painting “pop surrealism” imagery. )

What I find more troubling is that I was reported by an individual by the name of Kyle Shipley ( self proclaimed “Hacker”) who purchased the artwork from me and then turned me in. After more research online…

“Kyle Shipley – is some ass-hole that works for Continental Enterprises through its front company SALVO Inc. He orders stuff from web sites on the internet, inducing them to infringe upon someone’s trademark by ordering an item, and then WHAM an extortion letter from Continental Enterprises. We’re so proud of you, Kyle, words escape us.”



sigh… what a fuckin’ joke.

–preparing for Round 2.

Scion x-CHANGE

// June 12th, 2010 // No Comments » // Art Shows, Awards & Features, Events, Press

Kelly has been selected as San Diego’s featured artist by Scion.  On Saturday June 26th, and Sunday June 27th, 2010 from 11am to 7pm an event will be held at Urban Mo’s Bar & Grill in Hillcrest at 308 University Ave. to help raise money for A Reason to Survive (ARTS) through Scion x-CHANGE.  Scion has pledged that they will match up to $1000.  There are many ways you can get involved and help.  You can find more info about the event and RSVP by clicking here.  You can also find out more about the program and featured artists at Scion’s website:

Regretsy – Where DIY Meets WTF

// June 12th, 2010 // No Comments » // Books, Press

Artwork and quotes from Dark Vomit aka Kelly Hutchison is featured in the Regretsy book which was released on April 6th of this year. 

The book is available at all major book retailers and can be found by clicking here or visit

Visual Art Supply- Art Exhibition & Reception

// March 28th, 2010 // No Comments » // Art Shows, Events

Visual Art Supply Grand Opening and Group Art show.
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The Infusion Project – Bar Basic – Art show

// March 28th, 2010 // No Comments » // Art Shows, Events

Bar Basic

Bar Basic Show - Downtown - San Diego, California - 2010


Dark Vomit – The Killer Clown Revue @ Copro Gallery

// October 7th, 2009 // 1 Comment » // Art Shows

Dark Vomit’s Killer Clown Revue opening reception at Copro Gallery took place on October 3, 2009 from 8-11:30 pm in Santa Monica, California.  Artists included Winston Smith, Rachel Bess, Chet Zar, and Dark Vomit aka Kelly Hutchison.

For those who missed the show – we brought back some photos and a bit of video footage for you which we managed to get before the battery died.  Check ‘em out below – and it’s not too late to see it in person – the show runs through October 24, 2009.  Enjoy!

Video: Dark Vomit’s Killer Clown Revue

New Video Games:

// October 1st, 2009 // No Comments » // Links, Video Games

For the latest video game projects, please visit the new sister site –  This site hosts the new Video Game projects including the most recent: You Call That Art? Part I and Part II.  You Call that Art? features fourteen local San Diego artists: 

Bret Barrett, Brian Dombrowsky, Dark Vomit, David Russell Talbot, Paul Brogden, Lindy Ivey, James Ivey, Kim Riot, Sean Brannan, Dan Allen, Bobby Lane, Celene, David Gough, Shayna Yates, and the late Larry “Kosmo” Barnes ( co-creator of the Necronomicon).