WTF Sanrio? WTF…

On Sept. 29th I recieved this e-mail from Redbubble:

Dear Che,

We have removed the following content from Redbubble as a result of having received a complaint from Sanrio Company, Ltd. and Sanrio, Inc., the claimed owner or licensee of related intellectual property, and in accordance with Redbubble’s IP/Publicity Rights Policy:

Hello Minion: http://www.redbubble.com/people/spiderling/works/11020047-hello-minion

As you will be aware from our IP/Publicity Rights Policy, Redbubble requires a certain amount of information before it acts on such a complaint, including that:

  • the relevant content is specifically named;

  • the complaint came from the owner of the respective rights (or someone authorized to act on their behalf); and

  • they have a good faith belief that the use of the relevant content is not authorized by the content owner, its agent or the law.

If you believe that removal of the above content is the result of a mistake (for example, that you have authorization to use the relevant content from the content owner) or misidentification, you can send us a counter notice. Such counter notice must provide the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter;
  2. a description of the content which we have removed, including the URL on which the content was located on the Redbubble site;
  3. your address, telephone number, and email address;
  4. a statement by you that you consent to the jurisdiction of the Federal District Court, San Francisco County, California, United States and that you will accept service of process from the person who provided notification described above or an agent of such person;

  5. a statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

If you would like to send a counter notice please email the required information above to dmca@redbubble.com.

Please note that in some circumstances, if the work does not comply with our User Agreement and/or IP/Publicity Rights Policy, we may not be able to send your counter notice on to the complainant, rather we may inform you at the time of receipt that we cannot reinstate the work. We may also request further information from you in order to determine whether the work can be reinstated.

However, you should be aware that in most circumstances we will inform the complainant that you have provided a counter notice, as well as provide the complainant with a copy of your counter notice, which will include your personal contact information. The complainant will have 14 days to bring legal action against you in the United States. After 14 days, if they do not bring legal action and you would like your content restored to the Redbubble site, you may contact us to request that we reinstate your work. Redbubble may restore the content at that time if it otherwise complies with our User Agreement and IP/Publicity Rights Policy.

Further information regarding Redbubble’s IP/Publicity Rights Policy and User Agreement can be found here:

http://support.redbubble.com/kb/top20/copyright-trademark-and-dmca

http://www.redbubble.com/agreement

Regards,

Redbubble Content Team

 

Basically Sanrio is shutting down a t-shirt of mine called “Hello Minion”. The art looks like this:

Hello Minion Web Size copy

 

Yes it is a Hello Hitty spoof shirt- however it bears NO resemblance to Hello Kitty or any Sanrio character. The clothes aren’t the same, the coloring isn’t the same. the face shape isn’t the same, the nose shape isn’t the same, the tail isn’t the same. Only the blobby arms and leg shape is the same.

So is it the art that they are objecting too? Or the phrase “Hello Minion”. In which case apparently Sanrio OWNS every single phrase “Hello INSERT WORD HERE”.

Sanrio HAD to be trolling internet for artwork to shut down to even find this thing. Additionally I can’t even defend myself due the threat of immediate legal action! I can’t afford a lawyer, and that is probably what Sanrio is counting on.

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Posted in Art
6 comments on “WTF Sanrio? WTF…
  1. George says:

    dude! Don’t you know a lawyer’s sabre rattling bogus notice of lawsuit when you see it? Counter claim and explain. You don’t need no stinking lawyer (it’s lawyer’s marketing that makes you think only lawyers can understand the law–kinda like plastering ‘Frozen’ onto a cheap lunchbox to make it ‘worth’ $25 as opposed to $1) Look, counter notice. They then have 14 days t decide to bring a lawsuit against you. And ask yourself, what will they sue you for? Do you have major assets they can go after? Did you make a ton of money off the idea? (so that they are damaged because they didn’t get the money?) The fact is they can’t sue you unless they ahve damages. They don’t

  2. George says:

    One other word: do you really think they are going to pay for service from San Francisco to wherever the heck you are? (unless, of course, you live in San Fran) Serving process across the country is expensive enough and they have no damages to pursue. It’s ridiculous method to scare the little guy by the big guy who hired lawyers to write the scary scary legal crapola. Ooooh! I can’t oppose the L A W Y E R unless I, too, have a roll of toilet paper, er, uh, no, I mean l a w y e r. Reality is when you counter claim and you are ‘required’ to submit a statement that says “you consent to the jurisdiction of the Federal District Court, San Francisco County, California, United States and that you will accept service of process from the person who provided notification described above or an agent of such person” you should also type in there something such as: but before I accept service I demand to know on what factual basis I have violated any IP rights or laws and what damages the complainant has actually suffered and claims to pursue against me.

  3. Ginny says:

    I have received the same email, and used a nike logo on my phone cases, I have made 10 cases with it (uh oh) but I didn’t know it wasn’t allowed. I’ve seen someone make something like it before (nike logo—the check mark, with a different name on it) so I took that as a go to make and upload it. I’m 17 and I don’t know all about these and I’m scared by the fact that Nike might bring legal action. Did Sanrio bring legal action on you?

    • chexgilson says:

      No, Sanrio’s claim is bullshit because the character was entirely original and my own.

      Now, using another company’s logo IS a problem because the Nike “swoosh” (literally what it’s called- IS trademarked by the company and they do own it. There is a SMALL amount of wiggle room if you alter the emblem enough and use it in a satirical manner. Otherwise, yes, they can shut you down.

      • Ginny says:

        It’s okay to take down any of my posts tbh, but will they take legal action? Nobody has bought my cases though, I hope they don’t. Cause I really don’t know what to do.

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