5385 posts The Dude Abides
  • Located in United States
  • Elite Author: Sold more than $75,000 on Envato Market
  • Has sold $125,000+ on Envato Market
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CodingJack says

Seeing as how you have made part of $250,000 + while using his name he probably sees you as a large enough target to squeeze for money. Im not saying your guilty of anything, I am saying that because you are a big enough fish they are either going to sue you or make you an offer to settle ouf of court for $$$$.

30k total and 21k earned. Not sure that’s enough to start a big lawsuit over. And seems like this would be small potatoes to someone famous like KB.

On a side note, I’m wondering, how Envato fits into the equation? I could only find this:

http://themeforest.net/make_money/become_an_author

But doesn’t say anything about liability. Maybe it needs to be added somewhere.

6072 posts
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VF says

Thanks for your message Tyler.. I understand the risks, but how does this apply if i’m not a citizen of the US? I see only two options: either they come in my country to open a lawsuit against me, either my country extradites me so that i can go on a lawsuit in the US. Wouldn’t this be a bit too extreme in this case? Anyway..i’m removing the file now :D

From your original post, it seems they are just asking for name change and a message to public about your product not being affiliated with ken Burns. If that is the only request from them, I would just alter the title and add a 2 line message on description about how it is not related to Ken Burns :D

I say this because by removing your item, you miss a way to add the message they requested. And secondly the 2500+ sales item still can be good asset for your portfolio even without future sales.

5492 posts
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Australia says

From your original post, it seems they are just asking for name change and a message to public about your product not being affiliated with ken Burns.

If you were to provide a name change.

Then why would you ALSO add a note to state we are not affilliated with Ken Burns.

Unless he titled it:

Bob Jones effect ( formerly Ken Burns™ effect© )

The Bob Jones effect looks a lot like Ken Burns™ effect but it really isnt and any comparison is wholly incidental.
6072 posts
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  • Has sold $125,000+ on Envato Market
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VF says

^ I just repeated the original post. I guess the KB guys want such declaration as a way to inform recent viewers to be concretely clarified about previous name and name change.

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graphic4444 says

If it were me, I would contact legal counsel for advice.

3602 posts Ruben Bristian
  • Sells items exclusively on Envato Market
  • Elite Author: Sold more than $75,000 on Envato Market
  • Has sold $500,000+ on Envato Market
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KrownThemes says

@VF in the OP i also said that i wanted to remove the file sometime soon(and i have a good reason for this – the file needs to leave the marketplaces before then end of the month anyway). The truth is, this issue came like a real coincidence..

@graphic444 . there are litearally dozens if not hundreds of applications with the exact same name on the interlnet. Only ActiveDen hosts about 15 files with the name “Ken Burns”. Because it is not his name, but his effect..

590 posts
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CodeSwift says

He and his company should be sued for having a crappy website full of iframes and table layouts. It’s a crime against the internet and should be punishable by a life-long ban from having a website.

Jokes aside, does he have permission to use this photo as his twitter profile background.

8291 posts Community Moderator
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MSFX Moderator says

should rename the file Burn Ken :P

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wickedpixel says

or Kurn Ben.

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sevenspark Moderator says

Just a few observations here:

1. We don’t actually know that this originated with Ken Burns. Let’s not attack a guy who may also be the victim of a shady lawyer. And attacking his creative contributions? That’s just silly.

2. Even if this did originate with Ken Burns, let’s not attack a guy who is just trying to protect his name – a name he has invested a lot in. I’m certainly not saying Ruben deserves to be sued, but let’s not attack a guy who is just protecting his trademark – to which he has a legal right. We all deal with intellectual property issues every day. I’m a little surprised by the hypocrisy here.

3. Let’s assume this thing is real – discussing it in a public forum and being flippant about the whole thing can only work against Ruben if it actually ended up in court. I’d strongly recommend ending this now if you expect to be facing any legal action.

I personally also find our “sue-happy” culture distasteful, especially because it tarnishes legitimate cases, just as “ambulance-chaser” lawyers give respectable attorneys a bad name. However, from what I can tell, Ruben wasn’t sued – he was sent a cease and desist essentially. It doesn’t sound like they’re looking to pursue action against him; they’re just saying “hey, stop doing this or we will exercise our legal rights”. Sounds a bit like a DMCA notice…

There seems to be way too much unwarranted nastiness here. Nobody wants to be sued, that sucks. It’s an awful position to be in, and I’m sure it’s an awful feeling, and I hope nothing bad comes of this for Ruben (best of luck, man!). But I think this conversation could use an injection of reason and a little less hypocrisy. Put yourself in the other person’s shoes – if someone was using your famous name for commercial gain, without license and without sharing profit with you, wouldn’t you ask them to stop? We’re all professionals here – we should act like it.

And just on a side note: keep in mind that these forums are public; it’s not like talking around the water cooler. The way you represent yourself here reflects on you as an individual and on us as a community, whether we like it or not. You’re obviously free to express your opinion, whatever that may be; I just ask you to be aware of your audience, seen and unseen. Don’t think that just because there aren’t a lot of customers commenting here that they aren’t reading what you write.

Overall, it’d just be great to see these forums be a more positive place. While the community support for Ruben in this thread is fantastic, the uncalled for nastiness toward a guy we’ve never met who isn’t here to defend himself (and might not be involved at all!) is just … sad. Come on, guys, we’re better than that :)

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