DEADMAU5 SUES VAPE COMPANY FOR TRADEMARK INFRINGEMENT

[Sharrivz]

Deadmau5 and his team filed a lawsuit against West Coast Vape Supply on Thursday, March 31, claiming that their “deadmodz” e-cigarette line was infringing on his trademark and artist brand. Deadmau5, real name Joel Zimmerman, is reportedly suing for “trademark infringement and false association, and is seeking statutory and punitive damages and a permanent injunction to ban West Coast Vape from using deadmodz.”

At first look it seems that the team has a solid case – the original lettering and design of the “deadmodz” logo bears a striking resemblance to the deadmau5.



Multiple cease & desist letters were sent to Alham Benyameen, the principal of West Coast Vape. After February 5, the design of the logo and website were substantially changed.



Unfortunately for Benyameen, deadmau5’s transactional attornery Dina LaPolt wasn’t satisfied with the change.

“Please understand that your attempted changes do not negate that fact that you have violated and continue to violate our client’s rights, and thus are liable for, among other things, trademark and copyright infringement and attendant damages,” LaPolt writes. “In fact, your changes only highlight your acknowledgement and concession of wrongdoing, which admittedly is willful, knowing and intentional.”

The issue seems to stem from Benyameen’s resistance to reply to the cease & desist, opting rather to simply try to remedy the problem on his own without legal intervention. Deadmau5’s attorney Irene Lee was not satisfied with the change.

“Instead of conceding their wrongdoing and agreeing to comply with our requests, they refused to acknowledge deadmau5’s intellectual property rights and their wrongdoing, necessitating this legal action,” she writes in her statement to THR. “We intend to vigorously protect deadmau5’s rights.”

VIA HOLLYWOOD REPORTER

http://www.youredm.com/2016/04/02/deadmau5-sues-vape-company-trademark-infringement/

 

[Cave Johnson]

That's rough.

Maybe Joyetech should have a look at the SMOK VTC mini
Dimensions are exact to the mm.

 

[Waine]

How silly? Do your homework before you create a trade name. Be original! Everyone likes originality.

 

[NewOobY]

mmmm, i don't know man - deadmodz, so are you telling me that deadmau5 has trademarked every single name that starts with dead - this is stupid. The first logo was a direct copy though same font and formatting, but the second one - ai people(deadmau5's lawyer) need to find other things to do. This is just my humble opinion.

 

[Viper_SA]

Trademark, on a font? Typical "the sun shalt not shine on you" attitude of modern day life.

 

[method1]

deadmodz was clearly capitalising on and profiting from deadmau5's brand recognition - a stupid thing to do, and they deserve what's coming to them.
This kind of thing reflects badly on the vaping industry, makes vendors look like they're either ignorant of copyright law or just don't give a damn.
There are some local brands using trademarked/copyrighted names and images, I advise you guys to be careful - just because we're in SA doesn't mean someone won't notice

 

[blujeenz]

Trademark, on a font? Typical "the sun shalt not shine on you" attitude of modern day life.

If you've created the font and use it as your trademark, then its intellectual/creative property.
IMO deadmodz was trying to showboat off deadmau5, not as easily forgiven as a photo bomb.

 

[Viper_SA]

Maybe I just see things differently. Like musicians suing mp3 websites for piracy. Used to be people made music because they loved it and wanted to share it with the world. I fail to see a law suit in a positive light when you already make billions Eve y year.

 

[method1]

Maybe I just see things differently. Like musicians suing mp3 websites for piracy. Used to be people made music because they loved it and wanted to share it with the world. I fail to see a law suit in a positive light when you already make billions Eve y year.

Actually professional musicians cannot survive off love. They need to get paid just like everyone else. Passion is a motivating factor but you cannot realistically expect the music industry to survive off freebies.

Although an unpopular view among those who would just like to continue to download free content, over the last decade, the musical middle class has collapsed. This includes studios closing down, mix engineers going without work, record labels going under, musicians retiring and choosing different careers - and its directly attributable to the collapse of music sales due to piracy. People in the business are not making billions, believe me, deadmau5 is certainly not even close to being a billionaire, even in ZAR. Maybe in Zim Dollars. Part of the reason DM has money is because he know how to protect his brand, and rightfully so.

Furthermore regardless of how one may "feel" about it - copyright infringement is actually against the law, and that's the bottom line.

 

[Stosta]

I agree with @method1 on this one. Hands down it's a copyright infringement, and regardless of our opinions on it, it's illegal. Its the same thing the judge told me last week really

I remember watching a movie with a friend, and the pre-amble to the DVD came on, "You wouldn't steal a purse! You wouldn't steal a car!", and my friend says, "No, but if I could replicate someone's car and leave the original as I found it I would.". That had me laughing for a long time.

 

[Viper_SA]

I'll just zip it

 

[Stosta]

I'll just zip it

Well where's the fun in that?

 

[Duffie12]

For what it's worth if you don't actively defend a trademark or brand you can actually lose it.

 

[Ezekiel]

Used to be people made music because they loved it and wanted to share it with the world.

As do lawyers, doctors, engineers and any other profession I suppose... next time Ill just ask my doctor to give my a checkup for the love of it.

Really not being antagonistic, as I understand the sentiment of your post...

I get its aggravating when Kanye West with his city wide cash stockpiles sues some torrenter or DJ out of all his money for copyright infringement, but quantity unfortunately doesn't change the nature of the act.

And while the open source movement does wonders for the IT industry, the industry itself cannot survive without paid services. The same goes for the vaping industry. While the DiY scene overall expands the knowledge base for mixologists - both amateur and professional - the industry (and vaping awareness) gains much more by professionals selling most of their juices behind closed recipes than releasing all of their creations free of charge.

On a related side note: Had a bride tell me the other day that she cant pay me for a gig, but at least Ill get recognition since there were a lot of people attending her wedding... good lord. Thats like me asking a mixologist for a year supply of juice because Ill tell a friend or two, and expecting the guy to still be in business a year later.

Sent from my SM-G920F using Tapatalk

 

[Stosta]

As do lawyers, doctors, engineers and any other profession I suppose... next time Ill just ask my doctor to give my a checkup for the love of it.

Really not being antagonistic, as I understand the sentiment of your post...

I get its aggravating when Kanye West with his city wide cash stockpiles sues some torrenter or DJ out of all his money for copyright infringement, but quantity unfortunately doesn't change the nature of the act.

And while the open source movement does wonders for the IT industry, the industry itself cannot survive without paid services. The same goes for the vaping industry. While the DiY scene overall expands the knowledge base for mixologists - both amateur and professional - the industry (and vaping awareness) gains much more by professionals selling most of their juices behind closed recipes than releasing all of their creations free of charge.

On a related side note: Had a bride tell me the other day that she cant pay me for a gig, but at least Ill get recognition since there were a lot of people attending her wedding... good lord. Thats like me asking a mixologist for a year supply of juice because Ill tell a friend or two, and expecting the guy to still be in business a year later.

Sent from my SM-G920F using Tapatalk

I hope you told the bride to essentially go and enjoy her wedding night?

 

[Mike]

Did Deadmodz benefit from Deadmau5? Seems to me like not only did they capitalise on his brand, but they had the audacity to even "clone" his logo.

That's not part of the public domain, that's not creating something new, that's riding someone's coat tails. Good on him/his lawyer - the sooner this starts getting taken seriously, the better for the vape industry.

 

[Viper_SA]

Aww @Mike, a 'disagree' rating. Thanks man, needed one of those

 

[Mike]

Aww @Mike, a 'disagree' rating. Thanks man, needed one of those

I'm happy to give them to you. You could have just rated my post thanks, but I appreciate you making the effort to thank me personally.

 

[Lord Vetinari]

I knew Deadmua5 on the old SectionZ forums. Allow me to call him out for being a bit of a .... yeah.. He isn't very nice.

 

[Lord Vetinari]

Did Deadmodz benefit from Deadmau5? Seems to me like not only did they capitalise on his brand, but they had the audacity to even "clone" his logo.

That's not part of the public domain, that's not creating something new, that's riding someone's coat tails. Good on him/his lawyer - the sooner this starts getting taken seriously, the better for the vape industry.

Or rather their graphic designer should get the stick...

 

[Lingogrey]

Maybe I just see things differently. Like musicians suing mp3 websites for piracy. Used to be people made music because they loved it and wanted to share it with the world. I fail to see a law suit in a positive light when you already make billions Eve y year.

Actually professional musicians cannot survive off love. They need to get paid just like everyone else. Passion is a motivating factor but you cannot realistically expect the music industry to survive off freebies.

Although an unpopular view among those who would just like to continue to download free content, over the last decade, the musical middle class has collapsed. This includes studios closing down, mix engineers going without work, record labels going under, musicians retiring and choosing different careers - and its directly attributable to the collapse of music sales due to piracy. People in the business are not making billions, believe me, deadmau5 is certainly not even close to being a billionaire, even in ZAR. Maybe in Zim Dollars. Part of the reason DM has money is because he know how to protect his brand, and rightfully so.

Furthermore regardless of how one may "feel" about it - copyright infringement is actually against the law, and that's the bottom line.

As do lawyers, doctors, engineers and any other profession I suppose... next time Ill just ask my doctor to give my a checkup for the love of it.

Really not being antagonistic, as I understand the sentiment of your post...

I get its aggravating when Kanye West with his city wide cash stockpiles sues some torrenter or DJ out of all his money for copyright infringement, but quantity unfortunately doesn't change the nature of the act.

And while the open source movement does wonders for the IT industry, the industry itself cannot survive without paid services. The same goes for the vaping industry. While the DiY scene overall expands the knowledge base for mixologists - both amateur and professional - the industry (and vaping awareness) gains much more by professionals selling most of their juices behind closed recipes than releasing all of their creations free of charge.

On a related side note: Had a bride tell me the other day that she cant pay me for a gig, but at least Ill get recognition since there were a lot of people attending her wedding... good lord. Thats like me asking a mixologist for a year supply of juice because Ill tell a friend or two, and expecting the guy to still be in business a year later.

Sent from my SM-G920F using Tapatalk

 

[Lord Vetinari]

Actually professional musicians cannot survive off love. They need to get paid just like everyone else. Passion is a motivating factor but you cannot realistically expect the music industry to survive off freebies.

Well... I helped turn SectionZ into SectionZ Records (you can look them up, it was me and Shannon McGill who started it before we both got shafted)... and I can tell you people are getting paid. Just not musicians. 'Pro' music as in it is your only job? Thing of the distant past. I mean we had to use free music as a part of our business model. And only Savant as an artist made money in the beginning.

If a musician wants to get paid he needs a day job.

Because the label owner is sitting on a beach in Thailand and he ain't leaving... He will actually ASK you to release for free.

Musicians cant survive off love for the simple reason they don't get any. Really happy to be away from the business. Really poor too I mean I don't even play DJ sets any more. BUT getting better treatment with other creative hobbies so rather focusing on that. Played my first paid gig at 13 ears old in The Green Door in Robertson. Been fighting for pay ever since.

 

[Papa_Lazarou]

Well... I helped turn SectionZ into SectionZ Records (you can look them up, it was me and Shannon McGill who started it before we both got shafted)... and I can tell you people are getting paid. Just not musicians. 'Pro' music as in it is your only job? Thing of the distant past. I mean we had to use free music as a part of our business model. And only Savant as an artist made money in the beginning.

If a musician wants to get paid he needs a day job.

Because the label owner is sitting on a beach in Thailand and he ain't leaving... He will actually ASK you to release for free.

Musicians cant survive off love for the simple reason they don't get any. Really happy to be away from the business. Really poor too I mean I don't even play DJ sets any more. BUT getting better treatment with other creative hobbies so rather focusing on that. Played my first paid gig at 13 ears old in The Green Door in Robertson. Been fighting for pay ever since.

Respect, brother