| Darkrazor | 07 Mar 2017 3:14 p.m. PST |
I have commissioned many ship models for selling in recent years. I have recently found a guy on ebay selling my miniatures at highly inflated prices. I looked at the amount he has sold and see it far outweighs what he has purchased from me. It is obvious he has made molds and is recasting my items. What are your thoughts? What would you do? |
| Toaster | 07 Mar 2017 3:36 p.m. PST |
Nuke him from orbit, it's the only way to be sure. Or you could send him a threating letter on a legal firms letterhead demanding he pay you royalties on everything he's sold. Robert |
| stumer | 07 Mar 2017 3:37 p.m. PST |
Report him to ebay, consult a lawyer to see if it is worth it to at least take them to small claims court, and basically shut this pirate down. I have no patience for recasters. |
| Darkrazor | 07 Mar 2017 3:55 p.m. PST |
@ Toaster Yeah man your right only way to be sure..
@ sterner I sent him a message stating I knew he was recasting my stuff I have proof that I commissioned these items and he was to cease and desist selling my Items or I would report him.
I hate re casters as well I paid a lot for these masters and he's making money off my items. |
| nvdoyle | 07 Mar 2017 4:37 p.m. PST |
What's the place to buy them legit? Always looking for new ships (to paint and play, not to cast and sell!) And yeah, contact eBay, have your legal ducks in a row. |
| LostPict | 07 Mar 2017 5:10 p.m. PST |
If he he is in the U.S., file a complaint with the U.S. Postal service for mail fraud. |
| haywire | 07 Mar 2017 5:23 p.m. PST |
Since it is a commission job that you did for him… What were the terms of the commission? Do you have it in writing with his commission that your items were not to be resold or recasted? |
| Darkrazor | 07 Mar 2017 5:39 p.m. PST |
@hayire I did no job for him he bought an item off me and re cast it many times over, by commissioning I commissioned the builds from B-3 for masters molded as per my agreement with B-3 then he bought one off me and is recasting away. @nvdoyal Starfightershipyards.com @ lostpic I don't live in the US how would one do that I am way north of the US |
| David Manley | 07 Mar 2017 6:42 p.m. PST |
Are the models you are selling from Battlestar Galactica? |
| TheDesertBox | 07 Mar 2017 6:45 p.m. PST |
Honestly, I think your legal claim is sketchy, at best. If the models were fully your own designs, you would have recourse. But following the link provided above, you are selling BSG models under the BSG name, presumably without a licensing agreement with Universal/NBC. Of course, maybe you do have a licensing agreement with Universal/NBC. But if not, I'd be careful pressing a legal case, as it's more likely to get you shut down than help your cause. I would think you'd be safe to file a dispute with ebay, though. |
| stumer | 07 Mar 2017 7:15 p.m. PST |
Name and shame I say, and list all pertinent information of who they are and their location. that way, if any of us live close enough to pay them a visit, they might provide some persuasion… |
| Part time gamer | 08 Mar 2017 5:01 a.m. PST |
TheDesertBox
Honestly, I think your legal claim is sketchy, at best. ..following the link provided above, you are selling BSG models under the BSG name, presumably without a licensing agreement with Universal/NBC. @Darkrazor IF thats the case, YOU are / have been doing the very same thing your accussing someone of "doing to you". "Recasting" BSG merchandise. (possibly w/OUT Legal permission). IMHO… again IF thats the case, you've got no right to be mad at anyone.
To be honest, I am 'amazed' that Corporate Lawyers arent lined up going after what some people have put on Shapeways. |
 Virtualscratchbuilder   | 08 Mar 2017 6:44 a.m. PST |
To be honest, I am 'amazed' that Corporate Lawyers arent lined up going after what some people have put on Shapeways. No kidding. There was a time when Paramount was very aggressive about IP infringement but over the years they seem to have become less concerned about garage operations. I suppose with the legal issues of the franchise changing ownership, etc, small fry are the least concern. |
| TheBeast | 09 Mar 2017 5:31 a.m. PST |
I suppose with the legal issues of the franchise changing ownership, etc, small fry are the least concern. I'm neither a lawyer, nor do I play one on TV, but I seem to recall some changes in applicable laws such that you don't have to be as aggressive in protecting IP to retain IP. Makes my head hurt. Doug |
| Part time gamer | 23 Mar 2017 5:45 p.m. PST |
@Virtualscratchbuilder Good point(s).
And a bit more thought.. IF this sort of case 'were' even brought before a judge. The FIRST question he would ask "Darkrazor":
"Where is your copy of the Agreement that gives you Legal Right to RECAST and sell -Paramount- merchandise?" |
