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[Misha]

You know the funny thing is, I never advertised my glass gear shift knob for sale, nor did I ever intend to. I made it years ago, for myself! In March (didn't respond) and May of 2005, they had someone contact me to buy a custom gear shift knob. I sold them the knob I had pictured because it had sat on the shelf for so long and hey I could use the money ($120) I've got 2 little kids! I also gave them one for free because I took so long to mail the knob. And here is it January 2006 and I'm getting a letter of demands! Don't these guys have better things to do then try to collect around $30 from me for the ONE knob I sold with a supposed VW logo on it that THEY REQUESTED!!? What is it they think they'll get out of a glass artist? It's not like I make much money, or have anything to take, so I just don't get it!

Michael, thank you for your help earlier today. I can't tell you how much I appreciate you taking the time to deal with a stranger. My lawyer wrote me a letter to send them, but told me not to mail it until I received the certified mail. I'll let you know what happens.

[Admin]

Ok Misha let me know how it pans out. Just like I said to Steve, if you tell them to bug off and they know you can't be scared they will just go find fresh meat. Once they know they got you scared they will keep coming after you until you give into their demands which is what they want so they can get paid from VW. Once I had Eric C. Grimm (an attorney from Michigan who was referred to me by the EFF) email the law firm and told them they have nothing on me is when I stopped getting harrased. But you don't even need to have an attorney write for you all you need is to be firm and let them know you are not scared. They know they don't have a case on someone who made a gear shift knob for herself and one day decided to sell it. The judge would laugh at that. The only way it could ever go to court is if someone was mass producing such an item with the intent of selling it. Then damages could be brought on someone, but for one little knob, LOL nothing is going to happen.

[SteveC]

Misha - what was the name of the purchaser? Wondering if it may be the same person doing this work. The info may help others to identify one of these sharks.

[Misha]

Sure. His name is Nathan Dallas, he sent me emails as Nate and as Nathan.

ndallas (at) execmail (dot) us

[Misha]

In fact I think you should see his emails.

------------------------------------------


-----Original Message-----
From: Nate Dallas [mailto:ndallas (at) execmail (dot) us]
Sent: Thursday, March 03, 2005 1:35 PM
To: eugenerain (at) glasspipes (dot) org
Subject: Your work

Hi.  My name is Nate Dallas.  I was just surfing around glasspipes.com
and just became totally intrigued by your work.  It's very
interesting.  I was wondering if you could email some information on
what you do.  The process and everything.  Where do you guys make your
art and is it for sale right out of your shop?  I would really like to
buy some of your work on top of learning about it.  If you would email
me back I would really appreciate it. 

Thanks in advance,
Nate

---------------------------------------

I did not reply to that email.

---------------------------------------

-----Original Message-----
From: Nathan Dallas [mailto:ndallas (at) execmail (dot) us]
Sent: Tuesday, May 10, 2005 10:18 PM
To: Eugene Rain
Subject: Availability

----------------------------------------
You have been sent a message from the GlassArtists.org Contact Artist Form. You can turn this feature off to prevent messages from being sent to you in the future by going to the Edit Your Account page at http://www.GlassArtists.org/EditAccountForm.asp

The person who sent this message was browsing the following page:
http://www.glassartists.org/gallery.asp?galleryid=1242
----------------------------------------

Hi,  I came across your VW gear shifter and was wondering how many of these you could make.  I am part of a small Volkswagen enthusiasts club and would like to order a few for my friends.  I think its a really great design and the fact that they would all be unique is a really great idea.  If you could get back with me on whether or not this would be possible I would really appreciate it.  Thanks a lot.

Nate

-------------------------------------

That's the email I did reply to, and sold him one knob that like I said, sat on my shelf for a couple years, at $120 (they said $125.84, but $4.85 was shipping and not "gross profit" so if I end up paying the 25% they are demanding, they'll get it from the $120.)

[SteveC]

What state was he from?

[Misha]

The address I shipped to Nate Dallas was in Carmel, IN.

[Gotcha]

was the address  30 Shoshone Drive, Carmel IN 46032 and did they pay by PayPal E-check?

[Misha]

Did they purchase something from you?

[Gotcha]

It was a one off item much like your shifter knob.

[Misha]

Ok, sorry...you just said they did. I am blaming it on the early hour! lol

Care to give any details about your "case" ?

[Misha]

I see. My email is listed above if you care to exchange more info on this privately.

[Misha]

If these guys are going after people for single incidents and ART, are they going after painters for painting the VW logo and then selling it? As far as I know I never broke any laws. I created ART, not finished product. I offer no mounting gear, no attachment to put this piece of glass on your car, no instructions on how to do it, nothing. What's next, tracking down graffiti artists for designing murals with their custom VW rendered in it?

[Gothca]

veedoubleyoo sucks - is that infringement?

[Misha]

I guess if you printed it on a sticker and sold it they might try since they seem to be just going for anything and everything. I would hope that if VW knew this was going on, they would laugh at Howard, Phillips and Andersen. It doesn't make sense that a big, profitable company would go after artists.  :roll:  I wonder if Cambells Soup went after Andy Warhol!