ThemeForest

I just got sued by Ken Burns

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OriginalEXE says

Make something like this with “Ken”, and send it to his lawyer.
http://dandandan.net

Lol hahaha this made me laugh, thank you :)

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felt_tips moderator says

It’s not impossible that it’s genuine. A film-maker wanting to protect his reputation googles his name and finds that a $40 template is crawling slowly up the rankings. That’s the price of fame…. If it weren’t for the Ken Burns effect, I guess many people might not have heard of Ken Burns at all.

It could also be freelance lawyers, scouting for a bit of work. Working on behalf of NY city laws and not on behalf of client, Ken Burns??? Maybe you just have to settle with them for a bit of money and they’ll drop the case….i.e. SCAM… or at least dodgy legal practice. Who knows?

I’d ask them to demonstrate their association with the real Ken Burns, or find out on whose behalf they’re acting. If it’s off their own bat, they’re chancers. If it’s not film-maker Ken Burns, then I don’t see why you can’t continue to use the name. If you’re not in the States, it’s going to be quite a tough call for any lawyer to get you extradited to answer some wobbly case based on a local state law. Quite apart from the dubious Ken Burns association, the non-compliance with NY State law is not exactly in the spirit of the world wide web. :-)

But anyway, that’s all conjecture… I’m no lawyer. I’d try and find out more and then speak to the Envato legal guys about it, if I were you.

Looking forward to hearing the outcome of this.

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fifty_tons says

If the problem doesn’t go away, I’d fight it with this: http://en.wikipedia.org/wiki/Generic_trademark

+1 In Romania we call any sneaker an adidas. We simply don’t have another term :D

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lifwanian says

Maybe rename it “Active Burn” effect? :P

HAHA! Never forget..

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fifty_tons says

If it weren’t for the Ken Burns effect, I guess many people might not have heard of Ken Burns at all.

+1 we should be suing him :D

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VF says


Maybe rename it “Active Burn” effect? :P
HAHA! Never forget..

You mean “Flash Burns”... burnt enough already :P

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contrastblack staff says


If the problem doesn’t go away, I’d fight it with this: http://en.wikipedia.org/wiki/Generic_trademark
+1 In Romania we call any sneaker an adidas. We simply don’t have another term :D
eh no… “bashchetzii” ce mai sunt?

<—we do have multiple options, just had to add this to the case, for comedy purposes :D

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Pricop says

I guess it would be safer and much simple for you to remove the item since you’ve said that you already planned to do that. :)

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themebros says

Hope John Doe doesn’t get the same idea as Ken did.

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greenline says

So…it means I have to move out too the ”...google maps…” from my item’s name…just to be careful? OMG – people nowadays went crazy about licensees & trademarks and so on…I really have the feeling we are all in the middle ages when everyone protects its own territory….

Just verify with tess http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4002:ol5ixd.1.1 I do not think ken burns is a registered trademark

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