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Joined: August 27, 2010
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Main stream chainmaille
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Posted on Tue Sep 25, 2012 4:37 pm
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I was thinking the other day, now that chainmaille is going more mainstream (Versace for instance). How long does the community think it will take for us to start receiving stop orders from lawyers. I realize that they really can't enforce them, but I am thinking that they will try it eventually. What are everyone else’s thoughts on this?

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Posted on Tue Sep 25, 2012 5:18 pm
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I make chain purses, and I would like to see them send a cease and desist letter to me. I will kindly point out that I've been making chain purses since 2006 and then I will send THEM a cease and desist order. Very Happy

ETA: I sent Versace (at least, I think it was them) an email about a year ago about some chain purses bearing their label on ebay that were (IMHO) probably knockoffs because they had horrible craftsmanship and looked like they were made in China. I went on to say that if those weren't knockoffs, they should really look into getting some skilled artisans to make their maille because the stuff pictured was crap. I never did hear back from them. Razz

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Posted on Tue Sep 25, 2012 5:41 pm
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Stop orders for what?

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Posted on Tue Sep 25, 2012 6:03 pm
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Someone has already tried it with scale flowers. I can't find the thread right now, but it was not successful and that is why you can still make scale flowers on your own. There are usually people around who have made it before.


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MailleCode V2.0 T5.3 R4.4 E0.0 Feur MFe.sBr Wg Cwb G.7-5.1 I3.1-11 N20.5 Pj Dcdjt Xa1w2 S08

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Posted on Tue Sep 25, 2012 6:15 pm
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Shirluban wrote:
Stop orders for what?



For instance, I know that currently they have a design out for a euro 4-1 dress. What is to stop them from putting a patent on “dress woven in european 4-1 chainmaille”? Then anyone from that point on making a dress out of that weave would have a fight of it.

Musicman, I truly hope that you are correct. I hope I am just stabbing at ghosts, but big corporations are a little less apt to back down than a single person. I know the discussion you are speaking of, but that was an individual correct?

Again I am NOT stating that this is GOING to happen, and I am not worried about ME personally (I am just a little fish). Was kinda just food for thought.

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Posted on Tue Sep 25, 2012 7:23 pm
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Chained_Vampyr wrote:
What is to stop them from putting a patent on “dress woven in european 4-1 chainmaille”?

AFAIK, you can only patent what you have invented.
They have not invented dresses, neither E4-1, nor maille, and not even “dress woven in european 4-1 chainmaille”, so they have nothing to patent.

If someone invent a particular weave or a new dress design he can patent it, but patenting "using maille" makes as less sense as patenting "making a linen dress".

If I'm wrong, I'll run to the patent office and sue everyone using electricity without my permission.

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Posted on Tue Sep 25, 2012 8:04 pm
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Indeed, they cannot patent it, but they copyright the idea of a dress made out of woven metal fabric. Then they can sue anyone they want.


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Posted on Tue Sep 25, 2012 8:18 pm
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In this instance, they couldn't even copyright a dress made out of E4-1 because there are people who have done it before them. That's why that whole scale flower controversy didn't fly. Lorenzo created them before the crazy chick who was trying to claim copyright...and he could prove it.

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Posted on Tue Sep 25, 2012 8:25 pm
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But would Versace actually do it? I'd be more worried about Apple or some other large, greedy company joining the maille business, not that Apple would make maille.
I'm not so sure about this Versace company though

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Posted on Tue Sep 25, 2012 9:09 pm
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Personally, I think we are pretty safe. People have been making clothing/armour out of maille for quite some time. Now if someone were to come up with a totally new design (notice I said DESIGN, not just a dress made of E 4-1) and then tried to claim it as "MIIIIIIINE", it would be very unlikely to hold up in court. Going to court is expensive and generally foolish when it comes to things like this. I'm not going to worry about it too much myself.


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Posted on Tue Sep 25, 2012 9:58 pm
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That's true, lorraine...and frankly, the big clothing designers have enough trouble going after the chinese knock offs. I don't really think they'd take on us for doing what we do.

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Posted on Tue Sep 25, 2012 10:04 pm
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Martin wrote:
Indeed, they cannot patent it, but they copyright the idea of a dress made out of woven metal fabric. Then they can sue anyone they want.

Patents and copyright are the same fight.
Unless they're from the 3rd century BC or so, it's neither an invention nor original work, so they have nothing to copyright.
At best they can copyright the design, if it's a new one, but certainly not the idea of using rings.

By the way, I see you're using electricity and I've used electricity before you, so I encourage you to contact my lawyer and pay me the due royalties. Coif LoL

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Posted on Tue Sep 25, 2012 10:43 pm
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Nah, I only have to pay you a royalty if you invented electricity. And we all know you didn't do that. Wink

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Posted on Wed Oct 03, 2012 6:07 pm
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I know a bit about copyright from previous experience with someone infringing on my copyrights so I thought I'd chime in:

Per the Copyright Act of 1976, you cannot copyright clothing designs due to the “useful article” doctrine (clothing is considered to be “inherently functional” so you can't copyright it.) You CAN, however, copyright design elements of clothing (such as an original design included ON the piece of clothing: a logo or other image).

Now, under Section 102 of the Copyright act of 1976 copyright automatically applies to "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device."

This applies to literary works, musical works, including any accompanying words, dramatic works, including any accompanying music, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works.

So a fully original artistic design (such as an original jewelry design) would be considered a "pictorial, graphic, and sculptural work" and would be protected by copyright law automatically when the original work is created in a fixed form (finished).

So I could copyright an original chainmaille bracelet design but I couldn't copyright one of my chainmail dicebags (but I could copyright an original INLAY design on one of my dicebags).

This also means you don't HAVE to copyright your original artistic designs as copyright automatically applies...but it's still not a bad idea as it gives you the right to seek statutory damages should your work be infringed upon.

Hope this helps.



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