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My Opinion On My Experience With Evolution Design, Inc.

Regarding my use of the public domain "Darwin Fish" image.

On May 30th 2006 I was informed by CafePress that Evolution Design, Inc. had contacted CafePress regarding my use of the "Darwin Fish" logo. Because of the structure of CafePress it would be impossible for them to become involved in any legal disputes so they are required to take the path of least resistance. That means my design is taken down until I am able to resolve this issue.

The rub of this is that it costs Evolution Design, Inc. nothing to fire off a letter to CafePress claiming they own the copyright. Because they know CafePress will not be able to get involved and will just shut down the offending images. Evolution Design, Inc. knows that the only way I (and others) can then fight this is to start a legal discourse with them...which then runs up bills quickly. And while any plaintiff is sure to win, it is a question of how much will it cost to simply demonstrate what was established in the courts. Dr. Al Seckel and John Edwards, the originators of the Darwin Fish design, challenged Evolution Design, Inc. over their claimed copyright. The court determined that Seckel and Edwards had allowed the design to fall into the public domain. This cleared the way for anyone to be able to use their design (and its derivatives).

Darwin Fish It's Not - Hey Zeus Fish

Darwin Fish It's Not - Hey Zeus Fish
Darwin Fish It's Not - Hey Zeus Fish is not a Darwin Fish like those sold by Evolution Design, Inc

Hey Zeus! They Can't Sue Me Over This!

Hey Zeus! They Can't Sue Me Over This!
Well at least Evolution Design, Inc who claim copyright to the Darwin Fish design can't sue me over this one!

SLAPP - Strategic Lawsuit Against Public Participa

SLAPP - Strategic Lawsuit Against Public Participa
Read how a company can use a SLAPP - Strategic Lawsuit Against Public Participation to stop an individual from action. In short - the one with more money sues the other.

Back ground on the Darwin Fish

Back ground on the Darwin Fish
You have seen the Darwin Fish everywhere. Now you can read about how it came to be in the public domain.

Darwin Fish in hiking boots? Nope. Its A Hey Zeus

Darwin Fish in hiking boots? Nope. Its A Hey Zeus
Well Evolution Design, Inc made me take my Darwin Fish images down which I derived from the Darwin Fish design Seckel an Edwards put into the public domain. Fortunately Hey Zeus is Not A Darwin Fish.


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