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> Ed sued for trademark infringement
SJN1279
post Jul 17 2012, 9:57 pm
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QUOTE(OutToDry @ Jul 17 2012, 10:54 pm) *

ouch 2 million, ed might have to find a new place to live for real now

http://www.hollywoodreporter.com/thr-esq/l...zyk-sued-350390


They can sue for whatever amount they feel like, it doesn't mean they will get anywhere near it.

Direct quote from the article:

Lawsuits like this have a way of festering.

The prototypical example is the large amount of litigation that followed the break-up of the original Platters. Singer Herb Reed became the last original member of the group to leave the band in the early '70s and afterwards, the company (Five Platters Inc) that was formed by the original members, hired a new member to continue on as a new Platters group. That led to four decades of litigation which culminated just a few months aga when a judge ruled, "'Only You,' Herb Reed, have exclusive rights to the mark." (Reed died last month.)


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SinfulEyes
post Jul 17 2012, 10:00 pm
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QUOTE(SJN1279 @ Jul 17 2012, 9:53 pm) *

Because you all obsess over silly nonsense like lawsuits. I'm glad I'm an Ed fan because I've gotten to see concerts on a consistent basis since the split. If I was in CCP's camp, I'd be saving money, but having a lot less fun.


I have a good feeling Ed doesn't think that this is all nonsense.


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SJN1279
post Jul 17 2012, 10:02 pm
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QUOTE(SinfulEyes @ Jul 17 2012, 11:00 pm) *

I have a good feeling Ed doesn't think that this is all nonsense.

The only thing that will hurt all four is that their asses will be tied up in court for many years to come and legal fees can be ridiculous. Proving damages is a very hard thing to do.

This post has been edited by SJN1279: Jul 17 2012, 10:03 pm


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OutToDry
post Jul 17 2012, 10:05 pm
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QUOTE(SJN1279 @ Jul 17 2012, 11:02 pm) *

The only thing that will hurt all four is that their asses will be tied up in court for many years to come and legal fees can be ridiculous. Proving damages is a very hard thing to do.




I don't think C&C&P have any problem with paying the legal fees. You see all that failed businesses stuff they do (what you call it), actually does pretty well. Touring & Live is done for the enjoyment of it. I think Ed needs touring to survive.



WD & Maestro, please recall your insightful posts from a few months back, say Dec 2011



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throwing_cheetahs
post Jul 17 2012, 10:07 pm
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http://www.facebook.com/download/225172534...2/Livelegal.pdf Here is the download link for the (old)? lawsuit! I don't know if you have seen it (i hadn't). Found it on The Freaks4live Facebook group page! Tc This post has been edited by throwing_cheetahs: Jul 17 2012, 10:10 pm


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SJN1279
post Jul 17 2012, 10:07 pm
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QUOTE(OutToDry @ Jul 17 2012, 11:05 pm) *

I don't think C&C&P have any problem with paying the legal fees. You see all that failed businesses stuff they do (what you call it), actually does pretty well. Touring & Live is done for the enjoyment of it. I think Ed needs touring to survive.



WD & Maestro, please recall your insightful posts from a few months back, say Dec 2011


Ed got the majority of the LIVE pie, and that is where they all made their money. Last I checked, Another Harvest Moon didn't light up the box office.


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SinfulEyes
post Jul 17 2012, 10:10 pm
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QUOTE(SJN1279 @ Jul 17 2012, 10:02 pm) *

The only thing that will hurt all four is that their asses will be tied up in court for many years to come and legal fees can be ridiculous. Proving damages is a very hard thing to do.


Or the judge can order that Edward stops using the term "Live" and he stops drawing audiences. No one will buy tickets to see Ed Kowalcyzk. No one knows who he is when he is not associated with Live.

There are your damages.


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OutToDry
post Jul 17 2012, 10:11 pm
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QUOTE(SJN1279 @ Jul 17 2012, 11:07 pm) *


Ed got the majority of the LIVE pie, and that is where they all made their money. Last I checked, Another Harvest Moon didn't light up the box office.




Im not talking about the movie. I can do this all night if you wish.



You forget he intended to steal the majority of the Live pie by demanding 70%, then on top of that proceeded with assistance from Levin to draft secret contract to pay $1 mil bonus for SFBM. It was all carefully planned out as it appears now. The only thing C&C&P did wrong was acquiece to their 'friend'.



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SJN1279
post Jul 17 2012, 10:13 pm
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QUOTE(OutToDry @ Jul 17 2012, 11:11 pm) *

Im not talking about the movie. I can do this all night if you wish.



You forget he intended to steal the majority of the Live pie by demanding 70%, then on top of that proceeded with assistance from Levin to draft secret contract to pay $1 mil bonus for SFBM. It was all carefully planned out as it appears now. The only thing C&C&P did wrong was acquiece to their 'friend'.


Lead singers(Ed included) generally get a much bigger piece of the touring pie. I am pretty certain that LIVE was no different.


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SJN1279
post Jul 17 2012, 10:14 pm
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QUOTE(SinfulEyes @ Jul 17 2012, 11:10 pm) *

Or the judge can order that Edward stops using the term "Live" and he stops drawing audiences. No one will buy tickets to see Ed Kowalcyzk. No one knows who he is when he is not associated with Live.

There are your damages.


How about proving that Ed using the LIVE name caused CCP any financial damages? Since CCP did not tour at all as LIVE the last 3 years since the split, it will be extremely hard to prove.


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OutToDry
post Jul 17 2012, 10:18 pm
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QUOTE(SJN1279 @ Jul 17 2012, 11:13 pm) *


Lead singers(Ed included) generally get a much bigger piece of the touring pie. I am pretty certain that LIVE was no different.




Do we have to rehash the facts again. Are you stupid?

He gets 25% as it was written up until 2004. Then he asked for 70% of the pie. Which he got when he threatened to leave. The others in wanting to keep the band active for the fans and yet again gave in to Ed. Enough is enough. He kept taking, right up until yesterday!!

And the other suit is now moving forward. Something had to happen recently to make that move forward. whistle.gif

Let's turn the talk to you.....why do you persist here circling but never defending your outright lies and spins? You don't have much to go on or stand on..... Youre being allowed to stay by a gracious admin. Don't you even feel foolish for continuing these debates?

This post has been edited by OutToDry: Jul 17 2012, 10:18 pm


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themaestro
post Jul 17 2012, 10:19 pm
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QUOTE(SJN1279 @ Jul 17 2012, 10:14 pm) *

How about proving that Ed using the LIVE name caused CCP any financial damages? Since CCP did not tour at all as LIVE the last 3 years since the split, it will be extremely hard to prove.


How about brushing up on trademarks like I suggested. It has nothing to do with CCP and everything to do with Ed's financial gain by using the name Live, which is very easy to prove.


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SJN1279
post Jul 17 2012, 10:23 pm
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QUOTE(OutToDry @ Jul 17 2012, 11:18 pm) *

Do we have to rehash the facts again. Are you stupid?

He gets 25% as it was written up until 2004. Then he asked for 70% of the pie. Which he got when he threatened to leave. The others in wanting to keep the band active for the fans and yet again gave in to Ed. Enough is enough. He kept taking, right up until yesterday!!



If true, Ed got 70 percent of LIVE's touring income for the last 6 years of the band's existence(hundreds of shows). That is a huge chunk of change.


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OutToDry
post Jul 17 2012, 10:23 pm
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QUOTE(SJN1279 @ Jul 17 2012, 11:14 pm) *


How about proving that Ed using the LIVE name caused CCP any financial damages? Since CCP did not tour at all as LIVE the last 3 years since the split, it will be extremely hard to prove.




Live announced their lead singer in March and played 2 shows as Live. Both rehearsals, one as a guest. LIVE, get it. Ed continued to use and tell venues Ed of Live. We told you 1000000 times that of Live indicates past tense. Even though Live was officially on a hiatus and were doing TGF, Ed announced solo tours, said he was solo, doing new music, but his concerts were 70% Live tunes and used the LIVE logo in all of his marquees. It was his public movement to the venues doing this after all. Venues which probably didn't know were confused based on what is written in that article I linked.



You told many of us that CC&P were deceiving the public, when it's actually Ed who is doing it. The facts don't lie, but you didn't learn morals, truth and ethics in your house growing up.



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SJN1279
post Jul 17 2012, 10:26 pm
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QUOTE(themaestro @ Jul 17 2012, 11:19 pm) *

How about brushing up on trademarks like I suggested. It has nothing to do with CCP and everything to do with Ed's financial gain by using the name Live, which is very easy to prove.


Says you.

The most likely outcome is a change of billing, but 2 million dollars in damages?! CCP are the kings of filing ridiculous lawsuits.


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