Friday, June 4, 2010

People Inheriting the Brand Would Most Likely Bastardize the Brand


Something about Sigourney reminded Jason of Rocco.

She spoke with a dismissive air, to beat of her curt replys,which were punctuated by drags and puffing out of smoke through her nostrils and mouth.

The drugs seemed to made her a bit less guarded , she now had more space to talk since Viv wasn't around to dominate the conversation.

"Patent law isn't like plumbing. You can't just buy a book and figure it out yourself. It seems accepted at these smaller publishing houses, people think: 'Let's spend thousands of dollars decorating our office suites, contract hours for designing the most forward thinking letterhead. Let's get the best looking cover art as possible produced and execute the best editing of the most meticulously culled writing we can. And now that that's done, and now that we've got $100.00 left over, let's find an attorney who can tell us how much of what were are actually printing can be stretched to constitute fair use. And if we cannot find an attorney who will work for $100.00 ,well then let's do it ourselves.'"

Jay could tell Sigourney hit her first stride of wired-ness because in between her statements and taking drags of her cigarette, Jay noticed how she would suck in extra air when she was breathing- extra breathing that would activate tiny fluffy pin wheels in her nose that helped push along a mild a pleasant shiver throughout her body.

Sigourney was talking fast and using terms Jay wasn't too familiar with. He couldn't tell if she actually expected him to be able to follow all the technical legal jargon she dropped- as if she was used to people in her immediate presence to be savvy enough to know such things, or if Sigourney was just simply showing off to him.

Jay had little choice but to sit back and be almost overly conscious of his composure, just saying the occasional "yeah" or "uh-huh" to punctuate Sigourney's statements. During parts though, his thoughts were drifting off else where- angling: like where they were/ should most likely end up later, how much of a chance he actually had with her, if he was maintaining the proper balance of holding his attention yet not seeming too enthused with just the right display of aloofness, and because he was more on edge, of course he felt overly inclined on focusing on doing the next bump.

Sigourney paused and sipped on her drink in her hand, clearly taking casual pleasure from the alcohol.

"So the business person goes out and finds some 'free' forms, proceeds to cobble together some agreements. The worst contracts are put together this way. They're all bull. It may not be the forms' fault but the self-drafter's fault. Bits and pieces of some agreements are cut and pasted into other agreements without any sense that one clause in a contract is often dependent upon the other and serves to modify or explain other clauses. Without a unifying draft, conflicts often arise between the cut and pasted material, conflicts that can often nullify such rights as the do-it-yourself lawyer/publisher believes it is acquiring. Anyways, instead of ending up with something, the publisher ends up with nothing. And just how "free" is that approach?"

"Yeah-I see what you're saying but sometimes it doesn't matter. Not everyone can afford to get a lawyer anyways. Hell, when we were doing Blind- if we weren't getting at least three cease and desist letters a month we knew we weren't doing our jobs." said Jason, trying to cut down Sigourney's remark.

"Weren't you ever afraid of being put out of business over infringement?- those legal fees and court costs have a funny way of dipping into profits. "

"Nah- we didn't really think about it too much. Sometimes we even kept printing decks after getting the letters. We could even sell them for more money, if they were controversial enough. But by that point we could only ship them to the shops that were just extra down- like, completely on the DL."

Jason took the cigarette out of Sigourney's hand, took a drag and continued.

"Besides, Warner Brothers has bigger fish to fry than trying to take us to court. We weren't taking money out of their pockets and we had almost no effect on their brand recognition anyways."

"But,what if they did take you court and put you out of business? What then would you be left with?" Said Sigourney trying to defend her stance.

"We probably would have just started another small company out of World. Maybe even something tighter than Blind."

"Well, then how would you feel if someone ripped off the name of your company? How would it make you feel if someone acquired the licensing rights to Blind?"

"I really wouldn't be all too worried. The people inheriting the name would most likely bastardize the brand, anyways. Like I guarantee if Blind was still around today and different people were involved, it would suck. Kinda like when Marc Ecko got Zoo York."


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Houston, Texas
Be kind, because everyone you'll ever meet is fighting a hard battle.