Re: logos, etc

[bearbvd@domain.elided (Greg Hermann)]

At 5:07 PM 2/29/00, mcosgrove@domain.elided wrote:
>As long as somebody else brought up The Gallo Winery, they also sued a small
>Hispanic artist in South Texas for copyright infringement.  Seems the guy
>painted pictures of roosters and his company was called El something-or-other
>Gallo.  The wine folks went after him.  Makes sense to me.
>
>As for why it took ARDONA so long to complain, why did it take so long for
>people to decide the Confererate Flag was offensive to them?

How many years has the web site in question been up?? Sounds as though it
may have been for a while!

There IS a statute of limitations on how long most things can go before an
aggrieved party is legally barred from taking any action! A web site is a
public enough thing that the clock on such a statute would likely start
ticking as soon as the site went up.

In Colorado, I believe the statute of limitations would be six years.  I am
damn sure not an attorney, and the limit on this KIND of issue may well
fall under a federal statute, and may have a different limitation, or none
at all, but it's sure worth exploring!

Again in Colorado---If somebody files an action after the statute has
expired on something, you have to note that fact in your first response in
order to avail yourself of the defense without automatically waiving it,
BUT, if you claim the statute of limitations AS your defense and the court
finds that you did so properly, you are entitled BY STATUTE to claim and BE
AWARDED a judgment for YOUR attorney's fees from the filing party.

Regards, Greg
>
>Mike in Houston

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