bloc logos | unveil the iron curtain [Submitted by Dorda Brugger Jordis Rechtsanwälte GmbH]

Date: Jun 11, 2015

Sender
[Private]
Dorda Brugger Jordis Rechtsanwälte GmbH
Universitätsring 10
Vienna, Vienna 1010
AT

Sent via online form

Recipient
Kickstarter, Inc.
58 Kent Street
Brooklyn, NY 11222
USA

Re: bloc logos | unveil the iron curtain

Description of copyrighted material: We are representing BLOC BRANDS GmbH and BLOC LOGOS LLC in Miami. On behalf of our clients, we do have to inform you about a serious copyright, trademark and unfair competition infringement by the project "bloc logos/unveil the iron curtain" uploaded by Patrick J. Jankun. In fact, our clients initiated this very project under the title "unfolding the iron curtain" back in March 2013. The idea is to collect, digitalize, assemble and publish old corporate designs from Eastern Europe during the times of the iron curtain. Our clients intended to initiate a series of publications starting with Poland. Fundraising should have been conducted via Kickstarter. Besides founding two companies – one operative in Europe and one especially for the submission with Kickstarters located in Miami, reservation of the domain bloclogos.com, drafting of detailed corporate identity for the project and selection, collection and assembling of the Polish trademarks, clients made the entire project kickstarter-ready including its own Kickstarter video and account (kb@bloclogos.com) including all required details for kick-off months ago. Mr Patrick J. Jankun has been involved in the project right from the start as a freelancer on a work for hire basis. Particularly, he assisted with the concept, data base services, digitalization of the logos and the production of the Kickstarter video of our clients. He is even one of two persons presenting the project in the trailer. Mr Jankun did submit invoices for his work in the total amount of EUR 37,477.80 which have all been paid by our clients. End of 2014, Mr Jankun did secretly register a national trademark for bloc logos in Poland and subsequently applied by co-incident on the very same day like our clients for a com-munity trademark for the term. Not enough, our clients now had to experience that Mr Jankun did take over not only the idea, but the content and work efforts made for and by our clients and uploaded the project on Kickstarter on his own without clients' consent. If you compare the Kickstarter video made for our clients and the actual trailer of Mr Jankun, you will detect that all the technicalities (time period and number of logos cov-ered; number of intended publications; start with Poland) are identical. Besides, in both videos same trademarks and even images of real products and places are used. Our clients will of course not accept the fraudulent behavior of Mr Jankun. A takeover of the work efforts of our clients is a serious infringement of the Austrian Copyright Law. Since most of the trademarks have been available in printed versions only, clients had to digitalize, assemble and build the respective trademarks by handcraft. This work is copyright protected. In addition, clients screened, collected and assembled a number of trademarks following a guiding idea. The work result is thus protected as collecting edition according to Art 6 Copyright Act. By taking over the designs as assembled and collected by our clients, Mr Jankun infringes our clients' copyrights. Even if Mr Jankun would allege that he is co-owner of the work re-sults – which is due to the work for hire definitely not the case – he would not be entitled to exploit the results without consent of all other co-owners which is lacking (Art 11 Sec 2 Copyright Act). Further, the takeover of the work results made for our clients also consti-tutes an infringement of Art 1 Unfair Competition Act (illegal takeover of third party's work result). Besides, also the fraudulent registration of the logo created by our clients and usage on the platform triggers a trademark infringement. We will directly approach Mr Jankun with a cease and desist request for omission of future infringements and will initiate civil and criminal actions in case of non-compliance. However, to avoid further damage to our clients and the envisaged project, it is essential that the actual infringing project of Mr Jankun is removed from your platform as soon as possible. Every single day Mr Jankun is able to present the project as his own, the credibility and future exploitation of the work results by our clients is impaired. Please find supporting documentation under the following download link: http://ftp2.seso.at//data/public/b1b911180deeac01b6581caeac7d9b16.php?lang=en

Description of infringing material: Patrik Jankun did not only take over the idea, but the content and work efforts made for and by our clients and uploaded the project on Kickstarter on his own without clients' consent. If you compare the Kickstarter video made for our clients and the actual trailer of Mr Jankun (see download link: http://ftp2.seso.at//data/public/b1b911180deeac01b6581caeac7d9b16.php?lang=en), you will detect that all the technicalities (time period and number of logos covered; number of intended publications; start with Poland) are identical. Besides, in both videos same trademarks and even images of real products and places are used.