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.
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.