Sunday, September 03, 2006

It's not nice to infringe on baby's intellectual property

I can't believe this! Baby Talk stole my idea! ... (click to enlarge)

Not only did I think of it first (by four months), I came to Baby Talk's defense concerning the whole "boob on the cover" issue. So I am not going to take their advice and "laugh it off"!

I have sent the follow missive to those parasites (oh yes, baby knows how to use Google to find legal letter templates):

Dear Baby Talk magazine:

It has come to my attention that you have made an unauthorized use of my copyrighted work entitled "Maddie-ness" (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in Saturday, May 13, 2006. Your work entitled "Pimp My Ride" in your September 2006 issue is essentially identical to the Work and clearly used the Work as its basis. For example, the large wheels and bottle holder are both referenced in my earlier Work.

As you neither asked for nor received permission to use the Work as the basis for "Pimp My Ride" nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by September 18, 2006 indicating that you have fully complied with these requirements, I shall take further action against you.

Very truly yours,

The Madster

p.s. You are so not fabulous!


Be honest, now -- is the postscript too much?

--Maddie

2 comments:

Anonymous said...

Sweetheart,

I do not think it is enough to talk about a new invention in your blog. I think you have to submit your idea to the patent office. Probably a lot of companies troll your blog, looking for ideas, e.g., a baby-throne. You might aim for a patent each month? Uncle Tim can help you with the paperwork, but he might charge you, since you will clearly get rich quick. Alternatively, you might be able to find another good template on the web. In the future, do not delay sending your patent submissions; rather, as in all other things you do, hurry. Then, if they steal, you sue, and you win, Daddy won't need to accumulate so much in your 529.

I love you!

Madeleine Hays said...

Dear Gram,

I am not claiming that I invented the pimped-out stroller, but that I coined the idea of the pimped-out stroller. Baby Talk benefited from the entertainment value of the idea, not from the production of said stroller. It's as if one of Grandad's students started printing and selling transcripts of his lectures.

So, I'll settle for a healthy percentage of Baby Talk's ad revenue from that issue.

--Maddie