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High Times / High Crimes - Have You Been Ripped-Off?
- Thread starter H.T.ClassAction
- Start date
H.T.ClassAction
Member
In case you haven't noticed, this site is a "commercial venture".
There was a time when H.T. behaved honorably, and treated their contributors with respect and dignity. We're not surprised that you don't understand the principles and values of our generation. You probably weren't even alive in 1976. You never risked your butt trecking through Nepal and Afghanistan to get photos and stories, only to have them stolen outright.
H.T. has betrayed all that was good in the counterculture, and has bitten the very hands that fed it.
We're spreading the message, and if you aren't interested, tune it out.
You probably weren't even alive in 1976
Funny...yep graduated from college in '75...I do remember. That's when it was good...from the '80's on, nope.
A little overbearing perhaps?
does anyone even read it anymore???/ yeehaw,,,cant be that many dumb people without internet
H.T.ClassAction
Member
You might have misread our post.
The statutory penalty for violating the Digital Millennium Copyright act is $140,000.
Depending on when the photo was taken, how they obtained the photos, and when they were published, you could very well have a case.
The D.M.C.A. comes into play because several years ago, H.T. copied every issue digitally, and put them online. That portion of their site is pay-only, and password-protected. But, since they allowed 2 designers to have access to that archive, and to copy images from it, and to remove the "copyright management information" from the images, they have violated the law.
In which issue of H.T. were your photos published, and on what page? Even if the D.M.C.A. is not in play, the Copyright Act of 1985 offers you another way to enforce your rights.
Even if you are not located in the US, or a US citizen, relief is available since the copyright convention treaties are spread over much of the globe, including all of Western Europe.
Send us a PM if you'd like to discuss this further.
H.T.ClassAction
Member
Could be ... but if we are, we've earned it. ; )
H.T.ClassAction
Member
We stopped submitting to them in the 80's.
Our last center spread was in an issue that had a bunch of Cocaine on the cover. We weren't the least bit interested in that crap, and wanted nothing to do with it.
Bold words from the newby member who just registered so as to grind some stone over all us un-deserving plebes. Reap your whirlwind somewhere else...
Well, how about the fact that just yesterday, ICMag was served with a legal request from HT to remove any references to the Hawaii Medical Cannabis Cup that one of our members is involved with. We took down the thread after the organizer of the event said he would change the name. This was after I sent a letter to HT challenging their trademark. We were ready to leave the thread up and help them fight HT.
So yes, WE ARE INVOLVED in the B.S. of HT, since they dragged us into their own legal dispute with a third party.
We protect the rights of our members on ICMag (this includes copyrights, trademarks, etc.)
It also seems that HT tried to mozy in on the Hawaii event, they wanted to use their own software to count the votes (oh, we know how accurate their voting system is, no?) They were sending a couple of employees to the event as well. So when they didn't get their way, they issued a cease and desist to the organizers of the event.
Oh, yes, that's how you play fair according to HT...
I can confirm they were doing it three years ago, I doubt they would give up a successful business model. If you sent a blank money order to a seed vendor from their rag and it was processed by HT, you payed for someone's win.
Two page spread FTW...
I would dispute their claim to the "Cannabis Cup" trademark.
It ONLY applies to food items. Not to events.
In fact, in their trademark record for "Cannabis Cup" (look it up!), they disclaim any rights to Cannabis Cup that does not refer to food items. So it should be possible for ANYONE to hold anything called a "Cannabis Cup". Indeed it is generic and descriptive, which disqualifies it as a trademark.
Here is the letter to the organizer. It also included the takedown request to ICMag.
***LETTER TO HAWAII MEDICAL CANNABIS CUP***
Dear Sir:
This firm is counsel to Trans-High Corporation, publisher of High Times (collectively, “THC”), the world’s leading cannabis culture publication and host of the High Times Cannabis Cup®. THC’s intellectual property rights include trademark rights in and to CANNABIS CUP (U.S. Reg. Nos. 2,581,279 and 2,289,974); MEDICAL CANNABIS CUP (U.S. Reg. Nos. 4,272,627 and 4,259,859); US CANNABIS CUP (U.S. Reg. No. 4,600,525); and NORTH AMERICAN CANNABIS CUP (U.S. App. No. 86/043,189) (collectively, the “THC Trademarks”).
Over the past three decades, THC has invested substantial time and resources in developing and promoting its brand under the THC Trademarks. As a result of these efforts, THC’s Cannabis Cup® has gained enormous popularity within the cannabis community, and is considered the world’s leading marijuana trade show. THC has developed considerable goodwill: consumers readily identify the THC Trademarks as signifying THC’s well-established events, which emanate exclusively from, and which are sponsored and approved by, THC.
THC has recently learned that you have created, are promoting, and intend to host the Hawaii Medical Cannabis Cup (the “Infringing Trademark”) in May of 2016. Such use of the Infringing Trademark in connection with highly similar (and, indeed, directly competing) services violates THC’s valuable intellectual property rights by creating the false impression that THC endorses or is affiliated with you or your event. As you are aware, you are neither affiliated with THC, nor has THC sponsored or endorsed your event. Moreover, your infringing use will contribute to the dilution of THC’s distinctive and well-known Cannabis Cup® brand in violation of the federal dilution statute.
Please be advised that these aforementioned acts and instances of confusion or association, and the injuries resulting therefrom, give rise to claims for trademark infringement and unfair competition under federal, state and local laws, including: (1) trademark infringement in violation of Section 32 of the Lanham Act, 15 U.S.C. §1114; (2) unfair competition in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), which prohibits any “false designation of origin” or “false or misleading representation of fact” that is likely to “cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person. . . ”; and (3) dilution of THC’s famous Cannabis Cup® trademarks in violation of Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c), prohibiting dilution of another’s mark or name.
Accordingly, to avoid the risk of consumer confusion and other injury to the public and to THC’s well-known brand, on behalf of our client we must demand that you immediately cease and desist, now and into the future, from using the THC Trademarks (or any variation thereof) in connection with the promotion, sale, or offer for sale of goods or services that our client provides, anywhere in the world, including but not limited to promoting and hosting a cannabis-focused event under the name “Hawaii Medical Cannabis Cup.”
THC has authorized this firm to take any and all appropriate actions against you without further notice, including the commencement of formal proceedings against you, in order to protect its valuable intellectual property rights. However, THC may be willing to forego legal action if—and only if—its foregoing demand is met. We ask for your written assurances of your intent to fully comply with the foregoing demand by no later than May 5, 2016, along with full compliance by May 9, 2016.
If we do not receive such written confirmation, THC will have no choice but to consider all of its available legal options. This letter does not constitute a complete statement of THC’s claims, rights, or remedies with respect to this matter, all of which are hereby expressly reserved.
We look forward to your prompt response and anticipated cooperation.
It ONLY applies to food items. Not to events.
In fact, in their trademark record for "Cannabis Cup" (look it up!), they disclaim any rights to Cannabis Cup that does not refer to food items. So it should be possible for ANYONE to hold anything called a "Cannabis Cup". Indeed it is generic and descriptive, which disqualifies it as a trademark.
Here is the letter to the organizer. It also included the takedown request to ICMag.
***LETTER TO HAWAII MEDICAL CANNABIS CUP***
Dear Sir:
This firm is counsel to Trans-High Corporation, publisher of High Times (collectively, “THC”), the world’s leading cannabis culture publication and host of the High Times Cannabis Cup®. THC’s intellectual property rights include trademark rights in and to CANNABIS CUP (U.S. Reg. Nos. 2,581,279 and 2,289,974); MEDICAL CANNABIS CUP (U.S. Reg. Nos. 4,272,627 and 4,259,859); US CANNABIS CUP (U.S. Reg. No. 4,600,525); and NORTH AMERICAN CANNABIS CUP (U.S. App. No. 86/043,189) (collectively, the “THC Trademarks”).
Over the past three decades, THC has invested substantial time and resources in developing and promoting its brand under the THC Trademarks. As a result of these efforts, THC’s Cannabis Cup® has gained enormous popularity within the cannabis community, and is considered the world’s leading marijuana trade show. THC has developed considerable goodwill: consumers readily identify the THC Trademarks as signifying THC’s well-established events, which emanate exclusively from, and which are sponsored and approved by, THC.
THC has recently learned that you have created, are promoting, and intend to host the Hawaii Medical Cannabis Cup (the “Infringing Trademark”) in May of 2016. Such use of the Infringing Trademark in connection with highly similar (and, indeed, directly competing) services violates THC’s valuable intellectual property rights by creating the false impression that THC endorses or is affiliated with you or your event. As you are aware, you are neither affiliated with THC, nor has THC sponsored or endorsed your event. Moreover, your infringing use will contribute to the dilution of THC’s distinctive and well-known Cannabis Cup® brand in violation of the federal dilution statute.
Please be advised that these aforementioned acts and instances of confusion or association, and the injuries resulting therefrom, give rise to claims for trademark infringement and unfair competition under federal, state and local laws, including: (1) trademark infringement in violation of Section 32 of the Lanham Act, 15 U.S.C. §1114; (2) unfair competition in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), which prohibits any “false designation of origin” or “false or misleading representation of fact” that is likely to “cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person. . . ”; and (3) dilution of THC’s famous Cannabis Cup® trademarks in violation of Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c), prohibiting dilution of another’s mark or name.
Accordingly, to avoid the risk of consumer confusion and other injury to the public and to THC’s well-known brand, on behalf of our client we must demand that you immediately cease and desist, now and into the future, from using the THC Trademarks (or any variation thereof) in connection with the promotion, sale, or offer for sale of goods or services that our client provides, anywhere in the world, including but not limited to promoting and hosting a cannabis-focused event under the name “Hawaii Medical Cannabis Cup.”
THC has authorized this firm to take any and all appropriate actions against you without further notice, including the commencement of formal proceedings against you, in order to protect its valuable intellectual property rights. However, THC may be willing to forego legal action if—and only if—its foregoing demand is met. We ask for your written assurances of your intent to fully comply with the foregoing demand by no later than May 5, 2016, along with full compliance by May 9, 2016.
If we do not receive such written confirmation, THC will have no choice but to consider all of its available legal options. This letter does not constitute a complete statement of THC’s claims, rights, or remedies with respect to this matter, all of which are hereby expressly reserved.
We look forward to your prompt response and anticipated cooperation.
H.T.ClassAction
Member
Skip, thanks for bringing that up.
The reason that H.T. is so protective of their questionable "Cannabis Cup" trademark is that those "Cups" have evolved into trade shows. All those large ads you see in the magazine are required in order for a company to participate in the "Cup" events. They have no choice .. it's strictly "pay to play".
In fact, we have it on very good authority that the magazine itself ( High Times ) doesn't make much money at all, ( if any ). The biggest money-makers for Trans High Corporation, by far, are the "Cannabis Cup" events.
Would you please post, or send via PM, the name and address of the law firm that sent those letters on behalf of H.T.?
We'd like to see if it's the same firm that has contacted us in regarding our dispute.
I's possible that the recent death of Michael Kennedy, the attorney who had total control of T.H.C., has changed the way that they do "business".
We've been told that several months ago there was a wholesale firing of employees at High Times. There's no telling exactly why, but the New York Times ran an article recently about how H.T. was planning to expand their brand into clubs, bars, and other areas, and had hired new staff to implement it.
The reason that H.T. is so protective of their questionable "Cannabis Cup" trademark is that those "Cups" have evolved into trade shows. All those large ads you see in the magazine are required in order for a company to participate in the "Cup" events. They have no choice .. it's strictly "pay to play".
In fact, we have it on very good authority that the magazine itself ( High Times ) doesn't make much money at all, ( if any ). The biggest money-makers for Trans High Corporation, by far, are the "Cannabis Cup" events.
Would you please post, or send via PM, the name and address of the law firm that sent those letters on behalf of H.T.?
We'd like to see if it's the same firm that has contacted us in regarding our dispute.
I's possible that the recent death of Michael Kennedy, the attorney who had total control of T.H.C., has changed the way that they do "business".
We've been told that several months ago there was a wholesale firing of employees at High Times. There's no telling exactly why, but the New York Times ran an article recently about how H.T. was planning to expand their brand into clubs, bars, and other areas, and had hired new staff to implement it.
I must say I haven't seen a copy of "High Times" in at least 20 years.
H.T.ClassAction
Member
By the way, the letter sent by those attorneys that quoted from section 43 of the Lanham Act brought us a rueful smile.
That's one of the very laws that H.T. has violated themselves! Not only did they use our images in their book, but they used it in advertising as well. Since they used someone else image, and claimed it as their own, showing it off as one of the images in the book, they committed an intellectual property offense that's called "reverse passing off".
That's one of the very laws that H.T. has violated themselves! Not only did they use our images in their book, but they used it in advertising as well. Since they used someone else image, and claimed it as their own, showing it off as one of the images in the book, they committed an intellectual property offense that's called "reverse passing off".
I heart you Skip!
I am gonna have to frame the copy we got....
We are in the process of getting the "updated" name trademarked before we start carrying on more about the event... which we were having a few HT heads come and be guest judges...
Alls I know is you can buy a cup... but you gotta win the belt!!!!! HMCC2016!!!!
I am gonna have to frame the copy we got....
We are in the process of getting the "updated" name trademarked before we start carrying on more about the event... which we were having a few HT heads come and be guest judges...
Alls I know is you can buy a cup... but you gotta win the belt!!!!! HMCC2016!!!!
they are showing their true colors now.
sending letters like that is the method of sponging coorporations and other low lifes who can't make it on a level playing field. trademarking cannabis cup my ass, i shit on their cannabis cup trade mark.
sending letters like that is the method of sponging coorporations and other low lifes who can't make it on a level playing field. trademarking cannabis cup my ass, i shit on their cannabis cup trade mark.
