We've spoken about this issue in the past, but in the context of Grey2K violating trademark law by their willfully working to divert traffic away from legitimate websites, such as that owned by the National Greyhound Association (NGAGreyhounds.COM) to their scam of a site, Grey2K USA, by way of the domain name, NGAGreyhounds.ORG (http://www.ngagreyhounds.org). Make no mistake, Grey2K is nothing but a lobbying group concerned with making money, with which they line their pockets, and the destruction of the National Greyhound Association and other gambling institutions.
The rules for understanding whether a legal conflict exists comes from trademark law. Here are the basics you need to understand:
- Names that identify the source of products or services in the marketplace are trademarks.
- Trademarks that are clever, memorable or suggestive are protected under federal and state law.
- Trademarks that are descriptive and have achieved distinction through sales and advertising can be protected under federal and state law.
- One trademark legally conflicts with another when the use of both trademarks is likely to confuse customers about the products or services, or their source.
- In case of a legal conflict with a later user, the first commercial user of a trademark owns it.
- If a legal conflict is found to exist, the later user will probably have to stop using the mark and may even have to pay the trademark owner damages.
Citing the author of the copyrighted material is not enough to allow you to publish or distribute it. To legally publish and/or distribute the copyright protected material, one
MUST OBTAIN EXPLICIT PERMISSION FROM THE OWNER!
So, with that....
On Friday, June 29, GREY2K USA posted on their FaceBook page a picture of a dog, Frenchie - a dog which is in a foster home for the group, Greythounds of Eastern Michigan (GEM). On Friday, GEM informed Grey2K USA on its FaceBook page and also by private messages that the picture is copyright protected. The GEM President, Beth Barnhart, requested that GREY2K remove the photo that GREY2K does NOT have permission to use it. As of this writing, Christine Dorchack, who masquerades as the President and Legal Counsel of GREY2K USA, has yet to remove the copyrighted material. Four days later, it is still there and all the posts calling for its removal have been DELETED. To make it worse, at least 18 other people are now complicit in "sharing" and "distributing" copyright protected material that they do not have permission to distribute!
As posted on GREY2K USA’s facebook page
"Thank you for acknowledging our fine group, GEM, is racing neutral. Please note further that you have used a copyrighted photo without permission. The newspaper you copied this photo from has removed the photo. I hope you will be so kind to do the same. GEM has never had to ask for outside help to find good adoptive homes for the dogs entrusted to our care. GEM does not do out of state adoptions. Neither have we ever had difficulty placing black dogs. Dogs in our care are promoted by personality rather than color. Color shopping for greyhounds is not encouraged."And
"Christine, please understand this photo was taken by a photographer that donates their time for GEM and is copyrighted per the IPTC standard file information specifications. Please remove it immediately."The group that GREY2K ripped off, GEM, has reported the theft of the copyrighted material. It should also be noted that a newspaper, which used the picture without permission, removed it promptly. It's sad that an individual with a law degree and who has passed the bar in MA, Dorchak, can't follow & abide by the law.
Grey2K Feels They Are Above The Law
This is not the first time this has happened. According to another greyhound owner, Grey2K used a photo of one of her dogs, which was submitted to be used in a calendar, on a story about trainers at Victoryland injecting their dogs with cocaine to enhance performance. At that time, her dog had a 'brand image' as a children's therapy dog. To protect his image and hers, she demanded that the photo be removed immediately or else. They replaced the photo with one of their own dogs. Since then, she realizes that GREY2K and its acolytes are wolves in sheep's clothing.
I've been following the thread about the ripped off photo and it seems every time someone asks GREY2K to remove the photo, they are blocked and their comments removed. GREY2K is getting pretty dog gone ballsy if you ask me and it's time that someone either deflates or castrates them.
"Both me and GEM would appreciate anyones comments or support on this thread. It also appears on Christine Dorchek's private page but I can't post to that page. I have advised the photographer that he needs to notify FB of the copyright infringement. He's out for the weekend now and I can't get in touch with him. He is also a board member of our group."What Is To Be Gained...
So, what IS to be gained by their illegal activity?
Money? Of course, they will use this picture to garner more donations, with which to line their pockets and to pay for all the domain names.
What else? Bragging rights? Elaine Summerhill believes, if Frenchie gets adopted due to the publicity on the Grey2K site, Grey2K will use it to say, "See... We do adoptions!" After all, this blog, racing folks, and greyhound adoption folks have been hammering Grey2K left and right on their lack of support for adoption. She believes that Frenchie will be something they can point at to counter the fact that they do NOTHING in adoptions. Of course, IF that is the case, this blog can now point to the fact that Grey2K USA is a den of thieves!
One has to wonder what the Massachusetts Bar would think about one of their attorneys, Christine Dorchak, condoning & participating in an ILLEGAL ACTIVITY!
Other Examples
There was a comment on a forum that went, "a few years back a GREY2K award winning individual used some copyright materials without permission of an individual in Michigan, and a copyright attorney, who I believe has greyhounds, helped this MI person out." That person was involved in the theft of copyright protected designs owned by vendors selling wares at a Greyhounds Reach the Beach event held in Dewey, DE.
Another example of copyright infringement and outright misrepresentation (lying) by one of Grey2K's acolytes is to be found in a video on YouTube. The photo in question is that of a white greyhound sitting in an armchair. That white greyhound bitch is an English Champion show dog - Ch Treetops Ringdove, bred by Judy de Casembroot and owned by Barbara Wilton-Clark (Shalfleet Greyhounds)! I'm not sure how those two distinguished ladies would look upon their greyhound being portrayed as an abused racing dog. For shame!
Summary
One has to ask - is GREY2K USA founded on principles of Honesty, Integrity and Respect and do the daily activities and actions of GREY2K officers and directors reflect a value of Honesty, Integrity and Respect?
I personally think not, but don’t trust me. Look into their behavior yourself. Greyhounds deserve that all of us, regardless of which side of the fence we operate on, do so with Honesty, Integrity and Respect. Our world has no place for people and organizations that willfully disregard those principles nor do they deserve any money. Money that could be used by adoption groups that truly care about the greyhounds and do so with Honesty, Integrity and Respect.
Please share this info and continue to do so until GREY2K USA stops violating copyright law.
Theil continues his rant on two recent sodahead.com poll questions, yet refuses or chooses to ignore a few basic questions. When responding directly to his claims with questions, they go unanswered.
ReplyDelete*Have any adoption groups asked to have their names and web sites links removed from the Grey2K web site?
*When responding to his statement that "we give direct contributions to adoption groups" with the question What percent of total contributions received go to adoption groups? The Grey2K tax return lists Grants as zero. How does this compare to the percent of compensation received by the two executive directors?
*How much was spent on the fancy dinner Grey2K hosted in Tampa in May 2012? The caption on their web site under one picture of Dorcheck and Theil says "The Franciscan Center provided a wonderful retreat!" Looks like a great party (with a lot of wine)!!! Looks like Dorcheck couldn't even drop her cigarette for her photo op!