Does Anyone Know Who This Is?

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DWSmith

New User
David
Thank you. I found out the name and address but was curious if anyone here knew the person. Looks like he stole/copied/plagiarized the FAQ I wrote while I was the owner of The BoardSMITH and is now using it as his own complete with a trade name I originated.
 

sawman101

Bruce Swanson
Corporate Member
I know a number of woodworkers in the Hickory area, through Western Piedmont Woodcrafters, but he is not a member, and I haven't heard of him until now. You might want to ask advice of your attorney about this matter David. If you are certain the material he has published is plagiarized from your website, you should stop his illegal practice, and perhaps be financially reimbursed. Just my humble opinion, and good luck.
 

Dan Bowman

New User
Dan Bowman
NC Secretary of State website lists James C. Robinson as the sole member of the now dissolved Top Chop Butcher Block LLC. The address for the LLC is 909 10th St. NE, Hickory, which is/was also the address of Cabinet Door World. CDW is an active corporation with James Christopher Robinson listed as registered agent. CDW may have moved to 1711 11th Ave SW, Hickory NC28602, phone (877) 929-2750
 

Jeff

New User
Jeff
and is now using it as his own complete with a trade name I originated.

Where is he using your tradename in his advertising or in the FAQ which you wrote? I can't find it at the website or at Etsy. BTW, I know little about trademark, copyright, and patent matters but I'm curious as usual. When you owned The BoardSMITH where and how did you display that trademark name on your products or on any printed matter?

The use of "your stuff" may be galling to you but there may be few options to consider, particularly if you haven't continued to pay the trademark fees to retain ownership of what was once your trademark (TM) so it's open season as far as using it.

https://www.uspto.gov/trademarks-maintaining-trademark-registration/keeping-your-registration-alive

http://smallbusiness.chron.com/expiration-trademark-registration-abandonment-37926.html
 

Phil S

Phil Soper
Staff member
Corporate Member
Another ah and as you probably know, if ahs could fly we would not be able to see the sky
 

DWSmith

New User
David
Ah! I know. Just hate to put all that work into something and have some boor copy it and use it as if he created it. Even copied the "Board Butter" name I created but doesn't have a product in his line up like that.

EDIT: I did send an email to the email address he published and haven't received any reply.
 

KenOfCary

Ken
Staff member
Corporate Member
You probably won't get a reply unless you go to the trouble of sending him an Official Take-down request. Not sure how you go about this but it probably involves a lawyer. Just guessing.
 

Pop Golden

New User
Pop
Jeff has got a handle on this. I'm sorry and it would make me hopping mad too. Having been to copyright school and resceared for my own trademark I'll have to agree with Jeff. Question: did you copyright your information & did you reguister your trademark? If it is copyrighted you have rights, but diffcult to enforce. If your trademark is regustered and you've kept up the fees the state will force him to stop using it. Good Luck if you choose to follow up. On the other hand, why bother? His outfit is already gone as I understand it.

Pop
 

Jeremy Scuteri

Moderator
Jeremy
They have a Facebook page. This was the first comment that I read:




Dee Sebree Where is my order? They promised 1 1/2 week lead time. It's been over a month now. They gave me a useless tracking number. Will not actually return phone calls. I feel this is a scam now. I'm working to get my $250 back.
Like · Reply · January 27 at 5:31pm








Joan Roberts Have you been successful in getting a refund? My friend has experienced the same run around as you. Very frustrated







Somehow I am not surprised.
 

Charlottend

New User
Brian
The following is not legal advice. If he copied what you wrote on your site and posted it on his, the simplest remedy is to file a DMCA takedown request with his hosting provider. They're then required to remove access to the identified content within a reasonable time, usually 24-72 hours. Filing one is free and you don't need to be a lawyer to do it as it's just some basic information that has to be included. I'm on my phone today but I'll check tomorrow and see if you need help on what to include or where to send it in this case.
 

cyclopentadiene

Update your profile with your name
User
Perhaps you could provide evidence to ETSY. I assume since they are a legitimate organization, they have rules for their site. It may do enough damage financially to have the etsy sales site remove. If you cut off his cash flow, he should disappear.
 

Jeff

New User
Jeff
It probably needs to be looking into by consumer protection for the state.

What to do and how to do it is largely moot at this point. :icon_scra

1. The OP hasn't responded to the suggestions offered. Go for it or it's not worth it in the long run?

2. As far as I can tell he has abandoned trademark and/or copyright protection for his products when it was "The BoardSMITH". If that's true then there's no legal recourse to prevent someone else from using his data---like the FAQ that he wrote and it appears to have been plagiarized word for word but it's not copyrighted so anyone can use it word for word.
 

DWSmith

New User
David
I haven't been able to reply for a few days, life has prevented that. Thanks to Charlottend for the offer of help. I will be happy to accept it, please reply by PM and we can get started.

Good post Jeff! Not offensive, no matter what anyone says!
 

Charlottend

New User
Brian
I haven't been able to reply for a few days, life has prevented that. Thanks to Charlottend for the offer of help. I will be happy to accept it, please reply by PM and we can get started.

Good post Jeff! Not offensive, no matter what anyone says!


Again, not legal advice in any way, but a quick check shows that the site is using bigcommerce.com for its hosting. They have a standard policy for DMCA claims found here - https://www.bigcommerce.com/terms/

Just follow exactly what it says in 10.1 and make sure to provide links to your FAQ page and his page. If you skip some of the items in that required list they can and often will ignore it. Emailing them the info is probably the easiest as well.

There's no need to get into trademarks etc as the content you're talking about isn't your name or logo, but rather the FAQ questions and answers that you wrote.
 
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