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The ColtSport Intellectual Property Defense Fund


Mac the Knife

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As some of you may know, my amateur sports organization is currently involved in an intellectual property dispute with another organization based out of Ontario.

After consulting with our attorneys on the matter today we've learned of the expected cost to pursue this matter to conclusion. While the potential for financial damages award (Canada for instance has something called "statutory damages" that awards between $200-20,000 per use) far exceeds these costs, the up-front costs are somewhat daunting to an organization whose gross annual revenues are less than $10K a year.

To adequately defend our organization's intellectual property rights and, hopefully, to send a message throughout the sports community that our works cannot be taken without retribution, we need the financial help of others interested in preserving these rights for all.

In the past many of you have stated a desire to do something to fight this type of theft. Today, I offer you the chance to do your part by, quite literally, putting your money where your mouth is. Statements of support are great, but unfortunately I can't use them to pay our expected legal fees. :)

If you can make a contribution, of any size, please drop me a PM.

The only thing I could offer (for certain) in return for this assistance would be my thanks for aiding us in a time when we desparately need it. There is a remote possibility that any donation could be refunded if we were to receive a judgment award, but the ability to stop this type of theft is our first and foremost reward.

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man.........so its come to that huh? not the soliciting but the team refusing to stop?

Unreal.

Listen dude, I wish that I could. Just not a possibility.

Question...wouldn't the firm take it on a contingent basis if they thought it was open and shut?? Cause it sounds open and shut. And you could sue for court costs to boot.

Like........you know."Hey, Mr. Lawyers, we dont have any upfront money, but you can have half or 3/4 or all of anything you settle for?"

Either that or a firm uses it as an opportunity to advertise.....championing the rights of the amateur organization........turn the whole affair into a commercial for them......go to the press.

I'm afraid my support will have to be moral........but I'm with ya all the way.

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Just so happens I am going to be handling a banking transaction for an individual with the Nigerian government, so I might have some cash to help you out.

Alright, alright, unfortunately, I don't have any sheckels to share at this point in time. And the reason it might be hard to find a contingent fee lawyer to handle the case is because the most likely settlement that is going to come out of this is an agreement not to use the logos any more. Unless there is proof that the logo thieves have profited in some way from the use of the logos, there would be no cash to disgorge. A settlement agreement might provide for a future financial penalty if there is continued or resumed use of the forbidden logos, but that's too contingent for a contingent fee lawyer to consider.

I do wish you the best of luck with this pursuit. As I had mentioned in a prior case, I cannot offer my services pro bono (as I would like to do) because the terms of my firm's insurance agreement prohibit me from practicing certain types of law - even for free - or I risk losing the whole firm's coverage.

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Just so happens I am going to be handling a banking transaction for an individual with the Nigerian government, so I might have some cash to help you out.

Hey.....Im part of one of those.Gonna net me 10s of millions :rolleyes:

Anyways,Good luck Mac.

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And the reason it might be hard to find a contingent fee lawyer to handle the case is because the most likely settlement that is going to come out of this is an agreement not to use the logos any more. Unless there is proof that the logo thieves have profited in some way from the use of the logos, there would be no cash to disgorge.

Actually that'd be true under U.S. law, but Canada's is slightly different. The attorney referred to something he terms "statutory damages" which, if we were to win a suit, would result in an award in our favor ranging from $ 200 to $ 20,000 per use. Even at $200 a pop, that would be a helluva lot of money in this case.

But aside from that yeah, I don't blame them for not taking it on a contingency - I'd give any Canadian attorney willing to take it on that basis the entirety of anything collected. We aren't out for revenge or money, simply what's right.

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