Re: Brinks Items For Sale Everyday On Ebay

[Frank Olson <use_the_email_links@xxxxxxxxxxxxxxxxxxxxxx>]

Jim Rojas wrote:
> I presented that argument to the court several times concerning eBay and
> the everyday sales of Brinks branded equipment. If I purchase these
> items off eBay, am I guilty of copyright infringement? No. Am I engaging
> in Tortious interference? No.


Actually, they could argue that since you now *know* they only rent
"their" equipment *you* (specifically) shouldn't be purchasing anything
with the "Boinks" logo on eBay.


> Brinks doesn't have the nerve to sue eBay
> or ADT, or any other alarm company will pockets just as big as theirs.

As I've said a number of times...  Boinks didn't get what they wanted
when they sued you.  They didn't expect you would just "roll over" and
allow them to obtain a default judgment.  They wanted to "test" their
assertion that anyone that provided "their" manuals or possessed "their"
programmers was violating "their" intellectual property rights and
tortiously interfering with their customer's PSA.  They didn't get that.
  It was a very "hollow" victory and certainly not worth the expense
they incurred.  Heck, a $25000 judgment doesn't even cover their legal
expenses (but probably covers the time Mr. Yorkie spent on preparing
their "case").