Skar Audio crap

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I would stop while I was ahead. You could claim paraody, but there is this thing called tarnishment.
I would say your "SKAM AUDIO" logo is in "context likely to evoke unflattering thoughts about the owner's product."

If you have anything to lose, and he sues, you might lose it.

Not really taking sides, just letting you know what the likely result would be if Kevin did persure this.
He would have to PROVE that any of this has caused a decline in sales or lose of sales... Which he has stated many many times that these threads has gained him sales, he would waste more money than the trouble it would be worth to pursue a slander or defamation suite.

Defamation—also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, religion, or nation a negative or inferior image. This can be also any disparaging statement made by one person about another, which is communicated or published, whether true or false, depending on legal state. In Common Law it is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).[1]

In common law jurisdictions, slander refers to a malicious, false,[2][not specific enough to verify] and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images.[3] Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism. Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. "Unlike [with] libel, truth is not a defense for invasion of privacy."[4][not verified in body]

False light laws are "intended primarily to protect the plaintiff's mental or emotional well-being."[5] If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading, then a tort of false light might have occurred.[5]

In some civil law jurisdictions, defamation is dealt with as a crime rather than a civil wrong (termed a delict in civil-law systems).[6] The United Nations Commission on Human Rights ruled in 2012 that the criminalization of libel violates Freedom of expression and is inconsistent with Article 19 of the International Covenant on Civil and Political Rights.[7]

A person who harms another's reputation may be referred to as a "famacide", "defamer", or "slanderer". The Latin phrase famosus libellus means a libelous writing.

 
I would stop while I was ahead. You could claim paraody, but there is this thing called tarnishment.
I would say your "SKAM AUDIO" logo is in "context likely to evoke unflattering thoughts about the owner's product."

If you have anything to lose, and he sues, you might lose it.

Not really taking sides, just letting you know what the likely result would be if Kevin did persure this.
There is nothing to pursue as far as I am concerned.

1) He didn't even get an actual attorney to draft a letter.

2) The time and cost it would take him to do so, isn't worth it.

3) He knows he has messed enough people over that a class action is looong overdue.

4) He needs to man up as a business owner and clean up his act. This would all stop if he did.

In a way I am trying to challenge him to become a better person.

"How do I reach these KIDDS!!!"

 
This is in response to a cease and desist private message from Kevin. I would like to call it a letter, but it's not that, it's a g-d pm because this is a forum and Kevin has absolutely no legal means of contacting any of us at our personal addresses. That is, unless you were unfortunate enough to order his product...
Anyways here's the letter:

175503_4771162359032_738042477_o.jpg


I am not an attorney. But my response is as follows:

 

If you continue to run a joke of a business we will have no choice but to round up all the people who purchased faulty products from you and launch a class action suit. Please consider this a polite notice to go and fak yourself and quit threatening members because you are butthurt by seeing a logo which clearly reads SKAM (not SKAR). Your logo has no visible trademark stamp anyway, which makes me question if you even took the time to trademark it.

 

Most sincerely,

West
Look... me and the McDonald's people got this little misunderstanding. See, they're McDonald's... I'm McDowell's. They got the Golden Arches, mine is the Golden Arcs. They got the Big Mac, I got the Big Mick. We both got two all-beef patties, special sauce, lettuce, cheese, pickles and onions, but their buns have sesame seeds. My buns have no seeds.

 
Look... me and the McDonald's people got this little misunderstanding. See, they're McDonald's... I'm McDowell's. They got the Golden Arches, mine is the Golden Arcs. They got the Big Mac, I got the Big Mick. We both got two all-beef patties, special sauce, lettuce, cheese, pickles and onions, but their buns have sesame seeds. My buns have no seeds.
HAHAHAHHA

See these things happen everyday.

 
Im actually in a Bus law class at school right now and we were talking about something similar to this. People are doing is accusing skar of shady practices (I havnt bought anything skar so I dont know for sure) and are using their rights to express there feelings about it. Unless skar can prove all of your accusations are untrue then he has no chance in court. This i believe would tie into this whole "skam" logo you guys put together. Also no one here owns a business that is trying to make false accusations about skar to gain money or what have you. You are aloud to do what ever you want to logos trade marked or not if you are simply a consumer with an opinion as long as it is not used for any business gains for another company. You see crap like this all the time. People are always tearing down company logos and configuring them to say whatever. Im no attorney, but this is my basic understanding.

 
Im actually in a Bus law class at school right now and we were talking about something similar to this. People are doing is accusing skar of shady practices (I havnt bought anything skar so I dont know for sure) and are using their rights to express there feelings about it. Unless skar can prove all of your accusations are untrue then he has no chance in court. This i believe would tie into this whole "skam" logo you guys put together. Also no one here owns a business that is trying to make false accusations about skar to gain money or what have you. You are aloud to do what ever you want to logos trade marked or not if you are simply a consumer with an opinion as long as it is not used for any business gains for another company. You see crap like this all the time. People are always tearing down company logos and configuring them to say whatever. Im no attorney, but this is my basic understanding.
If I had anymore thank you's left today I would give you one.

 
There is nothing to pursue as far as I am concerned.
1) He didn't even get an actual attorney to draft a letter.

2) The time and cost it would take him to do so, isn't worth it.

3) He knows he has messed enough people over that a class action is looong overdue.

4) He needs to man up as a business owner and clean up his act. This would all stop if he did.

In a way I am trying to challenge him to become a better person.

"How do I reach these KIDDS!!!"
1. He can represent himself.

2. If he can prove a fairly large loss, and some of the people doing this have anything to take, or as I suspect, some of them are minors whos parents could be brought into the picture financially... it might be worth his time and effort.

3. How many people has he actually "messed over" vs. how many people bought something used, that had been repaired, then wanted him to take care of the issue? Serious question... I'm betting it's less than 10... which is too many... but still... when it comes down to it you aren't buying a product much different than Sundown. Everybody loves Sundown right?

It's not like everybody who has ever purchased a Skar product is entitled to whatever they want for free. If he attempts to settle with the squeaky wheels (and for all you and I know, he has) with a new amp, subs, whatever, a judge will likely find that he has satisfied his obligation. He does not have to warranty murchandise on it's second or third user, and I don't believe they warranty user error.

4. I can't see anything he can do short of paying these people off to get them to stop. They are enjoying it too much.

 
Im actually in a Bus law class at school right now and we were talking about something similar to this. People are doing is accusing skar of shady practices (I havnt bought anything skar so I dont know for sure) and are using their rights to express there feelings about it. Unless skar can prove all of your accusations are untrue then he has no chance in court. This i believe would tie into this whole "skam" logo you guys put together. Also no one here owns a business that is trying to make false accusations about skar to gain money or what have you. You are aloud to do what ever you want to logos trade marked or not if you are simply a consumer with an opinion as long as it is not used for any business gains for another company. You see crap like this all the time. People are always tearing down company logos and configuring them to say whatever. Im no attorney, but this is my basic understanding.
You are correct, you are not an attorney. You might look into this a little more closely. Their defense would be parody, he would nail them on tarnishment. They could deny that... but "fak skar" etc. is all over this forum... and if Kevin has any sense he has every one of those posts saved.

Parody is legal, parody so similar to the original that it could be confusing is illegal, tarnishment is illegal. Talk to one of your professors about that.

By the way, I worked for a large Telco at one point in time. A group of employees put together a PRIVATE forum that had a parody of said Telco's logo on it. **** hit the fan for those employees... private forum or not, it was tarnishment.

 
1. He can represent himself.
2. If he can prove a fairly large loss, and some of the people doing this have anything to take, or as I suspect, some of them are minors whos parents could be brought into the picture financially... it might be worth his time and effort.

3. How many people has he actually "messed over" vs. how many people bought something used, that had been repaired, then wanted him to take care of the issue? Serious question... I'm betting it's less than 10... which is too many... but still... when it comes down to it you aren't buying a product much different than Sundown. Everybody loves Sundown right?

It's not like everybody who has ever purchased a Skar product is entitled to whatever they want for free. If he attempts to settle with the squeaky wheels (and for all you and I know, he has) with a new amp, subs, whatever, a judge will likely find that he has satisfied his obligation. He does not have to warranty murchandise on it's second or third user, and I don't believe they warranty user error.

4. I can't see anything he can do short of paying these people off to get them to stop. They are enjoying it too much.
He couldn't prove a Loss as he has claimed these Threads has helped his sales... coming from his mouth/fingers etc..

also might be why he had Goob close the other thread cause he was saying that in there.

also I doubt he would really want to start an Actual Law Suite against any of the car audio people on here.. Way to many things that will start popping up about his Actual Business practices that would get him sued.

 
1. He can represent himself.
2. If he can prove a fairly large loss, and some of the people doing this have anything to take, or as I suspect, some of them are minors whos parents could be brought into the picture financially... it might be worth his time and effort.

3. How many people has he actually "messed over" vs. how many people bought something used, that had been repaired, then wanted him to take care of the issue? Serious question... I'm betting it's less than 10... which is too many... but still... when it comes down to it you aren't buying a product much different than Sundown. Everybody loves Sundown right?

It's not like everybody who has ever purchased a Skar product is entitled to whatever they want for free. If he attempts to settle with the squeaky wheels (and for all you and I know, he has) with a new amp, subs, whatever, a judge will likely find that he has satisfied his obligation. He does not have to warranty murchandise on it's second or third user, and I don't believe they warranty user error.

4. I can't see anything he can do short of paying these people off to get them to stop. They are enjoying it too much.
Its not about the money...

 
He couldn't prove a Loss as he has claimed these Threads has helped his sales... coming from his mouth/fingers etc.. also might be why he had Goob close the other thread cause he was saying that in there.

also I doubt he would really want to start an Actual Law Suite against any of the car audio people on here.. Way to many things that will start popping up about his Actual Business practices that would get him sued.
My point entirely.

 
He couldn't prove a Loss as he has claimed these Threads has helped his sales... coming from his mouth/fingers etc.. also might be why he had Goob close the other thread cause he was saying that in there.
If he's stated on these forums that he has not experienced a loss, you might want to find that page and save it. It might save somebody or their parents a decent amount of money.

I'm not on "either side." I just hate to see a man's living destroyed by a group of people that likely have never even DELT with the man before.

 
You are correct, you are not an attorney. You might look into this a little more closely. Their defense would be parody, he would nail them on tarnishment. They could deny that... but "fak skar" etc. is all over this forum... and if Kevin has any sense he has every one of those posts saved.
Parody is legal, parody so similar to the original that it could be confusing is illegal, tarnishment is illegal. Talk to one of your professors about that.

By the way, I worked for a large Telco at one point in time. A group of employees put together a PRIVATE forum that had a parody of said Telco's logo on it. **** hit the fan for those employees... private forum or not, it was tarnishment.

The thing that makes this capitalism great is that the people can make these shady companies rot and show there true colors. If a company does everything right (like sundown) they dont have issues. Kevin did something to **** off numerous numerous people. It doesnt matter if they tarnished anything if kevin had shady business practices to start with by sending b stock as a stock a bluntly lying to customers. He tarnished his own company...

 
My point entirely.
Do you have an estimate of the number of people with a legit claim? 10? 20? So he sends out a few thousand in free merchandise. It's not like you can go after him for any financial loss beyond what you paid for the product. And believe me, you'd have to prove that the product was defective when recieved to even get that...

I don't know why you guys are on such a witch hunt over this. I've seen maybe 5 people who have had legit bad business with Kevin. If those 5 want to try to put together a class action suit I wish them the best of luck on finding a lawyer to handle it.

If his sales are down say... 40,000.00 this month... I'd bust your ***** if I was in his position.

 
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