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#246046 - 11/19/03 03:44 PM Re: Honest Dealers [Re: MRP1017]
botn
I am gonna miss that car.


Registered: 06/18/03
Posts: 215
Loc: Santa Monica, CA

Offline
Quote:

Now this is genuinely funny. Stevey V had absolutely nothing to do with this deal. But I doubt whether he would have has the moxie to buy it if it was offered. Makes for a good laugh though....




Marc,
Actually, Verkman disgusts me with the way that he does business so I do not care that you stole the Tyler, TX deal from him. I was just trying to inform the readers, as you were so diligently polishing your halo, that you might not be as pure and righteous as you claim but resemble something closer to month old milk.

Did you not register a website to intercept the person who owned that material that you bought? A website called Clean Sweep that featured nothing but Brooms? Isn't it true that you learned of the existence of this deal based solely on a lead that Verkman had advertised and worked to purchase? Not sure that Verkman’s moxie has much to do with this.

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#246047 - 11/19/03 04:36 PM Re: Honest Dealers [Re: botn]
MW1
veteran


Registered: 07/30/02
Posts: 1358

Offline
Greg,

You are absolutely correct. I recall doing a search for "Clean Sweep Auctions" -- Steve Verkman's Internet company site -- less than a month ago. To my surprise, I came across a site that allegedly sold brooms and featured a prominent link to Marc Perna's site instead.

I believe the site's URL was www.cleansweepauctions.com

Since then, the site has been deleted. Congratulations, Marc! More great business ethics on your part. Care to explain? Maybe it would help if you once again blamed collectors or other dealers.

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#246048 - 11/19/03 04:56 PM Re: Honest Dealers [Re: MW1]
botn
I am gonna miss that car.


Registered: 06/18/03
Posts: 215
Loc: Santa Monica, CA

Offline
Michael,

That was the URL. But remember that Marc told us that he is not a backstabber. So we can now add liar to the growing list of impressive attributes that this self-proclaimed card god possesses.

Greg

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#246049 - 11/19/03 05:39 PM Re: Honest Dealers [Re: botn]
MW1
veteran


Registered: 07/30/02
Posts: 1358

Offline
Greg,

I do not know if Marc Perna set up his site solely with the intention of stealing business from Steve Verkman through tradename or trademark confusion, but the evidence certainly seems to be compelling.

I would be quite surprised if Steve doesn't take legal action against Marc. I saw Marc's fallacious website before he deleted it, and there was no question in my mind that Marc was attempting to use the tradename "Clean Sweep Auctions" to divert business from Steve to his own website.

Specifically, I found the following applicable information regarding domain names:

The rules for understanding whether a legal conflict exists comes from trademark law. Here are the basics you need to understand:
  • Names that identify the source of products or services in the marketplace are trademarks.
  • Trademarks that are clever, memorable or suggestive are protected under federal and state law.
  • Trademarks that are descriptive and have achieved distinction through sales and advertising can be protected under federal and state law.
  • One trademark legally conflicts with another when the use of both trademarks is likely to confuse customers about the products or services, or their source.
  • In case of a legal conflict with a later user, the first commercial user of a trademark owns it.
  • If a legal conflict is found to exist, the later user will probably have to stop using the mark and may even have to pay the trademark owner damages.


    Source citation



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    #246050 - 11/19/03 06:03 PM Re: Honest Dealers [Re: MW1]
    dadaist
    I am gonna miss that car.


    Registered: 10/13/03
    Posts: 201

    Offline
    Quote:

    The rules for understanding whether a legal conflict exists comes from trademark law. Here are the basics you need to understand:

    Names that identify the source of products or services in the marketplace are trademarks.

    Trademarks that are clever, memorable or suggestive are protected under federal and state law.

    Trademarks that are descriptive and have achieved distinction through sales and advertising can be protected under federal and state law.

    One trademark legally conflicts with another when the use of both trademarks is likely to confuse customers about the products or services, or their source.

    In case of a legal conflict with a later user, the first commercial user of a trademark owns it.

    If a legal conflict is found to exist, the later user will probably have to stop using the mark and may even have to pay the trademark owner damages.





    MW1

    I have been involved with situations where trademark abandonment was "forced" on companies that were well within the boundaries of rightful ownership, and stripped of them WITHOUT intellectual property lawyers flexing a single muscle. Part of the problem is that trademark laws are weak in areas of domain conflict, and domain ownership disputes. This rings especially true in matters of cyber-squatting, and political power-plays over brand/trademark confusion.

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    #246051 - 11/19/03 06:25 PM Re: Honest Dealers [Re: dadaist]
    MW1
    veteran


    Registered: 07/30/02
    Posts: 1358

    Offline
    dadaist,

    You are correct. There is much gray area. But as far as I know, Marc Perna (VSI) does not own or operate a broom company.

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    #246052 - 11/19/03 07:43 PM Re: Honest Dealers [Re: dadaist]
    the1nderer
    Learning the Ropes


    Registered: 10/03/03
    Posts: 18

    Offline
    My understanding is that legal action has already been filed.

    There are times that trademark disputes are between legitamite entities - the current case of Apple Records (the Beatles) and Apple Computer is a prime example - the case was initially settled with Apple Computer agreeing not to enter the music industry, but since that settlement many years ago they've started selling downloadable music, so the case has been reopened.

    In this instance, there was no company existing or formed by Mr. Perna regarding anything to do with the name, and the reason for the website was clearly related to the presently existing entity of Mr. Verkman's Clean Sweep Auction company/website (csauctions.com). In fact, initially the site simply redirected traffic to Mr. Perna's site, and later he created the website offering a few common brooms in a non-serious auction, with a link at the top to his website.

    Of course, this would have all been moot if he hadn't told half the industry about how he'd made such a purchase through this gag site.

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    #246053 - 11/19/03 09:03 PM Re: Honest Dealers [Re: the1nderer]
    botn
    I am gonna miss that car.


    Registered: 06/18/03
    Posts: 215
    Loc: Santa Monica, CA

    Offline
    By the way, does anyone know who loaned Marc the money to make the Tyler, TX purchase?
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    #246054 - 12/01/03 07:36 AM Re: Honest Dealers [Re: botn]
    Sean_C
    Hobbyist


    Registered: 10/17/03
    Posts: 54

    Offline
    Ok, I've tried doing this the nice way, by contacting both the moderator and Sean (SeanSGC) about this via PM, but after a week I've received no response (with read receipts received) so I'm going public: WHY WAS MY POST EDITED? Please note my post on page 2 of this thread. I made a simple request for clarification about what did or did not happen at the 2002 National Convention, a question I fell that is fair game since Mike was the one that posted a link to the supposed incident in the first place! I wasn't trying to stir up problems, the door was opened by Mike, and after a year and a half of rumors, I just wanted to know once and for all if there was any truth to the story or not! If Mike was unable to comment on the issue due to pending litigation, I'd totally understand and be fine with a "no comment".

    I've never had anything against SGC before, just not a whole heck of a lot for them. If this is the way SGC is going to deal with people though, I'll certainly have a whole heck of a lot against them. If I was blasting SGC the way I was blasting PSA earlier in this thread, I'd understand why they might want to edit my comments, but to remove an honest question? That's pretty weak. I know it's their board and they can do whatever they want, but they would be wise to consider how they treat their customers, potential or otherwise. I don't post here very much (and it sure as heck looks like no one else does either), but as some of you know, I'm a regular over on the Beckett and PSA boards, and I'll make sure that this issue does not rest should I not get an explanation from Sean or the SGCmod as to why they took the action they did.
    _________________________
    Apt reading.

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    #246055 - 12/01/03 08:11 AM Re: Honest Dealers [Re: Sean_C]
    vayank
    The Amazing Card-Man


    Registered: 04/13/02
    Posts: 948
    Loc: Alexandria, Va

    Offline
    I have always appreciated your posts, and I'm sure it is an honest question but you seem to be making this message board issue when you sould simply email Mike Wentz directly. Or call him? Or write a letter? If you have a question about Mike Wentz, simply ask him directly.
    _________________________
    ---- Matthew T. Natale Alexandria, Virginia Completed 1977 Topps Baseball SGC Graded Set, Average Grade 92.89

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