Dear Ray,
I have the lawyer working on it now. The Trademark is an issue that I
have been fighting for awhile. Since I was smart enough to put "Copyright
and All Rights Reserved" on my pages at the very beginning that should be
enough at this point.
Since I can prove their "original" logo was stolen right off my page.
Their current logo is a derived work from my original stolen logo. Their
derived work looks a lot like my current logo as well. I think I will win
this one. Plus I was using the logo almost two years before their web site
went up, and when it did it used my logo.
But, if they want to get stupid, I already have a lawyer lined up in
their own backyard to go after them.
Here is the original Nerd Boy:
December 12, 1998
http://web.archive.org/web/199812120...erdboyinc.com/
Theirs:
November 21, 2001
<A HREF ="http://web.archive.org/web/20011128174245/http://www.nerdboycs.com/">http://web.archive.org/web/20011128174245/http://www.nerdboycs.com/</A>
The problem with theirs from 2001 is that was stolen from my website that
was here:
May 17, 2000
http://web.archive.org/web/200005172...erdboyinc.com/
If you do a Properties of the Image that is not loading you will get the
following URL. If you go here, you can see the image that is not loading:
http://nerdboyinc.com/splash_art/Nerboy-splash.gif
This is the page they stole their image from. Which you can get to by
clicking on the big image that is not showing up on the above URL:
http://web.archive.org/web/200010210...om/index1.html
You can see the stolen Logo on their site here:
<A HREF ="http://www.nerdboycs.com/images/NerdBoy%20Logo.jpg">http://www.nerdboycs.com/images/NerdBoy%20Logo.jpg</A>
Thank you,
Nerd Boy
1-573-292-1136
<A HREF ="http://www.nerdboyinc.com">http://www.nerdboyinc.com</A>
<A HREF ="http://www.nbicentral.com">http://www.nbicentral.com</A>
<A HREF ="http://www.crosstowntraffic.net">http://www.crosstowntraffic.net</A>
Your alternative source for Miva Merchant Modules
For Customer Service and Support:
http://support.nerdboyinc.com
or send email to: [email protected]
<A HREF ="http://www.nerdboyproductions.com">http://www.nerdboyproductions.com</A>
<A HREF ="http://www.asmallurl.com">http://www.asmallurl.com</A>
<A HREF ="http://www.nbiracing.com">http://www.nbiracing.com</A>
<A HREF ="http://www.yourlottosite.com">http://www.yourlottosite.com</A>
----- Original Message -----
From: "Ray Yates" <[email protected]>
To: "'Nerd Boy Help Desk'" <[email protected]>; "miva-users"
<[email protected]>
Sent: Monday, February 28, 2005 9:24 AM
Subject: RE: Stolen Logo
>I hope you trademarked the artwork and the name. If you did it, will be
> easier to get them to stop using both the name and trademark. If there
> were
> in some field other than computers you might have trouble getting them to
> stop using the name but since your businesses are similar you have a very
> strong case if you can prove first use.
>
> Ray
>
> -----Original Message-----
> From: [email protected] [mailto:[email protected]] On
> Behalf
> Of Nerd Boy Help Desk
> Sent: Sunday, February 27, 2005 7:36 PM
> To: Nerd Boy Help Desk; Jeff Whitten; 'Miva Lists - IH'; 'Merchant User
> List'; [email protected]; 'Miva Users'
> Subject: [meu] Re: [mrc] Re: [mru] OT: Stolen Logo
>
> Dear Jeff,
>
> I started using the "new" Nerd Boy in 2000 as shown by this link:
>
> http://web.archive.org/web/200010210...om/index1.html
>
> Look familiar....your second link for them has part of my site on it.
> I
> was smart enough to even update the Copyright Date. Something I will now
> be
> checking on all of my sites this week.
>
> Thank you,
>
> Nerd Boy
>
> 1-573-292-1136
> <A HREF ="http://www.nerdboyinc.com">http://www.nerdboyinc.com</A>
> <A HREF ="http://www.nbicentral.com">http://www.nbicentral.com</A>
> <A HREF ="http://www.crosstowntraffic.net">http://www.crosstowntraffic.net</A>
> Your alternative source for Miva Merchant Modules
>
> For Customer Service and Support:
> http://support.nerdboyinc.com
> or send email to: [email protected]
>
> <A HREF ="http://www.nerdboyproductions.com">http://www.nerdboyproductions.com</A>
> <A HREF ="http://www.asmallurl.com">http://www.asmallurl.com</A>
> <A HREF ="http://www.nbiracing.com">http://www.nbiracing.com</A>
> <A HREF ="http://www.yourlottosite.com">http://www.yourlottosite.com</A>
>
> ----- Original Message -----
> From: "Nerd Boy Help Desk" <[email protected]>
> To: "Jeff Whitten" <[email protected]>; "'Miva Lists - IH'"
> <[email protected]>; "'Merchant User List'"
> <[email protected]>; <[email protected]>; "'Miva
> Users'" <[email protected]>
> Sent: Sunday, February 27, 2005 6:27 PM
> Subject: [mrc] Re: [mru] OT: Stolen Logo
>
>
>> Dear Jeff,
>>
>> Hell....your second link is a total rip off of my site over at:
>> <A HREF =/"http://www.nerdboyproductions.com which is where the Nerd Boy Lives now/">http://www.nerdboyproductions.com which is where the Nerd Boy Lives now</A>.
>>
>> Thank you,
>>
>> Nerd Boy
>>
>> 1-573-292-1136
>> <A HREF ="http://www.nerdboyinc.com">http://www.nerdboyinc.com</A>
>> <A HREF ="http://www.nbicentral.com">http://www.nbicentral.com</A>
>> <A HREF ="http://www.crosstowntraffic.net">http://www.crosstowntraffic.net</A>
>> Your alternative source for Miva Merchant Modules
>>
>> For Customer Service and Support:
>> http://support.nerdboyinc.com
>> or send email to: [email protected]
>>
>> <A HREF ="http://www.nerdboyproductions.com">http://www.nerdboyproductions.com</A>
>> <A HREF ="http://www.asmallurl.com">http://www.asmallurl.com</A>
>> <A HREF ="http://www.nbiracing.com">http://www.nbiracing.com</A>
>> <A HREF ="http://www.yourlottosite.com">http://www.yourlottosite.com</A>
>>
>> ----- Original Message -----
>> From: "Jeff Whitten" <[email protected]>
>> To: "'Miva Lists - IH'" <[email protected]>; "'Nerd Boy Help
>> Desk'"
>
>> <[email protected]>; "'Merchant User List'"
>> <[email protected]>; <[email protected]>; "'Miva
>> Users'" <[email protected]>
>> Sent: Sunday, February 27, 2005 6:08 PM
>> Subject: RE: [mru] OT: Stolen Logo
>>
>>
>>>I just love their cheesy "Nerdboy" following my mouse.
>>>
>>>
>>> Here's you a little proof for your lawyer.
>>>
>>> Your's
>>>
>>> 12/12/1998
>>>
>>> http://web.archive.org/web/199812120...erdboyinc.com/
>>>
>>> Theirs:
>>>
>>> November 21, 2001
>>>
>>> <A HREF ="http://web.archive.org/web/20011128174245/http://www.nerdboycs.com/">http://web.archive.org/web/20011128174245/http://www.nerdboycs.com/</A>
>>>
>>>
>>> There is a little difference but not much. Theirs has much more of a
>>> Johnny Bravo look to it...I will donate to your defense fund if we
>>> set one up...
>>>
>>>
>>> Good Luck
>>>
>>> Jeff
>>>
>>>
>>> -----Original Message-----
>>> From: [email protected]
>>> [mailto:[email protected]] On Behalf Of Miva Lists - IH
>>> Sent: Sunday, February 27, 2005 5:49 PM
>>> To: 'Nerd Boy Help Desk'; 'Merchant User List';
>>> [email protected]; 'Miva Users'
>>> Subject: RE: [mru] OT: Stolen Logo
>>>
>>> Oh My Gawd - You should check out their "warning".. I've pasted it
>>> below..
>>>
>>>
>>> <meta name="warning" content="Don't be a jack@ss and copy our meta
>>> fields, keywords, trademarks, services, or any other intellectual
>>> property. Trust Me, We WILL find you! We do NOT take kindly to
>>> thieves!
>>> These pages represent very hard work! These meta fields are protected
>>> by copyright.">
>>>
>>>
>>>
>>> Michelle
>>>
>>> -----Original Message-----
>>> From: [email protected]
>>> [mailto:[email protected]]
>>> On Behalf Of Nerd Boy Help Desk
>>> Sent: Sunday, February 27, 2005 5:24 PM
>>> To: Merchant User List; [email protected]; Miva Users
>>> Subject: [mru] OT: Stolen Logo
>>>
>>> Dear All,
>>>
>>> These guys have stole my Nerd Boy. They use him in a commercial
>>> even.
>>>
>>> <A HREF ="http://www.asmallurl.com/2B">http://www.asmallurl.com/2B</A>
>>>
>>> I have had the various domains and the Nerd Boy since 1997 and 1998.
>>> So
>>> now I have to call my lawyer I guess. They have only had their
>>> domain since 2001. This could get interesting and expensive. I paid
>>> a lot to have him made in the first place.
>>>
>>> They are in the DC area and I spoke there for Verio at a
>>> conference as a Keynote Speaker and had a about 10 or 12 Nerd Boys
>>> that I used for one of my presentations. I wonder if they got the
>>> idea then.
>>>
>>> Sheesh!!!!
>>>
>>> Thank you,
>>>
>>> Jeffrey R. Collins
>>> 1-573-292-1136
>>> <A HREF ="http://www.nerdboyinc.com">http://www.nerdboyinc.com</A>
>>> <A HREF ="http://www.nbicentral.com">http://www.nbicentral.com</A>
>>> <A HREF ="http://www.crosstowntraffic.net">http://www.crosstowntraffic.net</A>
>>> Your alternative source for Miva Merchant Modules
>>>
>>> For Customer Service and Support:
>>> http://support.nerdboyinc.com
>>> or send email to: [email protected]
>>>
>>> <A HREF ="http://www.nerdboyproductions.com">http://www.nerdboyproductions.com</A>
>>> <A HREF ="http://www.asmallurl.com">http://www.asmallurl.com</A>
>>> <A HREF ="http://www.nbiracing.com">http://www.nbiracing.com</A>
>>> <A HREF ="http://www.yourlottosite.com">http://www.yourlottosite.com</A>
>>>
>>>
>>>
>>>