X Marks the Scot - An on-line community of kilt wearers.
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6th February 09, 05:09 PM
#1
 Originally Posted by Pleater
That type of person should be given what is known as 'a Scarborough warning' in my native Yorkshire - Scarborough is a coastal town which was famous for hanging for a first offense.
I would suggest alerting UK and suggest putting in a joint complaint to eBay - here in Britain they have been known to take such things very seriously.
If you can get them kicked off eBay at least it cuts off one source of customers for their copies and might make them think twice about trying the same trick with your kilt again.
Anne the Pleater
In our Scarborough the "Scarborough warning" is to accidently spill their latte, appologize profusily and offer to replace it with a cappocino. McMurdo is from Scarborough.
Unfortunatly I hardly think that this would get them kicked off of ebay.
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6th February 09, 08:22 PM
#2
 Originally Posted by ccga3359
In our Scarborough the "Scarborough warning" is to accidently spill their latte, appologize profusily and offer to replace it with a cappocino. McMurdo is from Scarborough.
Unfortunatly I hardly think that this would get them kicked off of ebay.
Correction
I hail from North York, as anyone from North York knows never the twain shall meet when we are forced to talk about Scarborough.
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6th February 09, 08:34 PM
#3
I'm not a lawyer, but there are a couple of legal issues.
Firstly, you own the copyright in your photo, and if they photoshop it that makes it a 'derivative work', but AFAIK that doesn't save them from copyright infringement.
Secondly, if they try to "pass off" their product as yours, that is a separate tort, if you can prove it.
I'm assuming Ontario law is somewhat like England. The Americans talk about a "trade dress" action instead of a "passing off" action, although it's much the same thing. Canada? It's hard to say.
Find an Ontario lawyer before you sue them, and I agree that pursuing them through eBay is easier than going to law.
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9th February 09, 10:28 AM
#4
 Originally Posted by ccga3359
In our Scarborough the "Scarborough warning" is to accidently spill their latte, appologize profusily and offer to replace it with a cappocino. McMurdo is from Scarborough.
Unfortunatly I hardly think that this would get them kicked off of ebay.
You will be in for a strongly worded rebutal if you spill that cappocino as well. I miss the pub crawls in the Beaches area.
Sorry to hear of the hassle Robert. I was surprised to hear this guy was from Ontartio and not Minnesota...
Last edited by Colin; 9th February 09 at 10:35 AM.
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