Michael Donohoe

The technical, trivial and interesting things I find

January 25, 2012 at 7:46pm
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I was asked to “cease and desist” today

On Wed, Jan 25, 2012 at 7:30 AM, Kirk Gray wrote:
> Dear Michael:
>
> I am writing to ask that you stop using the “Facebook Classic” image that
> you have on your website.
>
> I developed a very similar image that was posted on my facebook page on
> September 23, 2011.
>
> Please cease and desist on using this image any further, and remove it from
> any sites where you have the image for sale. Additionally, I am requesting
> that any income received by the selling of the rights for this image be
> remitted to me.
>
> Thank you so much.
>
> Kirk R Gray
>
> —
> K  I  R  K    R.    G  R  A  Y
> 1450 Church Street, NW
> Unit 203
> Washington, DC 20005
> 202.230.——
> kirk@browserspencer.com
> http://blog.browserspencer.com
>
> Follow me on twitter: kirkrgray

Hello Kirt,

I’m sure you mean well but you can’t call foul on a “similar image” and go into cease/desist mode and then ask for money. Thats a bit much. I almost didn’t respond because I thought you were kidding at first.

I would start by saying that my logo is far from original and very simple:
“Facebook” text + Coke-like font + Ribbon

I did not copy your logo. It did not act as a source of inspiration.

For the record I have NEVER seen your logo - I have yet to see it because you never included a URL or even an attachment of the image. When you are going to throw accusations its a good idea to actually demonstrate them.

But lets move on from that. I think I can settle this quickly…

> am requesting
> that any income received by the selling of the rights for this image be
> remitted to me.

This is the part where I go “are you fucking kidding me?”. This was a free browser extension. Free. Basic research makes that clear.

You also said the following:

> I developed a very similar image that was posted on my facebook page on
> September 23, 2011.

Well I developed my logo on Sep 20th, 2011 (if not earlier). If you like some basic proof just go to the extension page on the Google Chrome Webstore. The oldest comment (which was the day after I uploaded the extension) is Sept 21st - still two days before your claim. You have to dig a bit but its there:

https://chrome.google.com/webstore/detail/ffdodpcdalagnkbkojidmmcehlnhniad/reviews

See the attached screenshot to save you some time.

I could also dig up my Dropbox history if I wanted to but that would take more time then I care to spend on this.

Now I guess I should ask you to “cease and desist” from using this and that “any income received by the selling of the rights for this image be remitted to me” but I don’t think that would be helpful.

I’m sure you genuinely though I was ripping-off your work but I think you could have emailed me a normal email to talk about it without the threats, inappropriate legal terms, and demand for money.

I’m a nice guy (if you can believe that) but the whole threatening-email thing is unnecessary and pisses me off - as I would expect it would you if you were in my shoes.


-Michael

Attachment:

Screenshot

Notes

  1. injurylawyerblog reblogged this from donohoe
  2. pure-green-coffee-extract reblogged this from donohoe
  3. jimray said: Perfect response
  4. bensk said: I love that he asks you to follow him on Twitter in the email. Not only didn’t he bother to do research, he couldn’t be bothered to edit his signature.
  5. donohoe posted this