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TierraCast, Inc. ™
Tierracast, Inc has an established reputation in the costume jewelry and metal craft components trade for innovative design, quality of finished product and excellent customer service. Unlike the vast majority of wholesalers who offer cast metal components to the marketplace, Tierracast retains both in-house and independent designers to bring fresh and sophisticated designs to the market. All cast components are manufactured of “lead-free” pewter, plated and finished exclusively in the United States. Further information and detailed product images are available at www.tierracast.com.
TierraCast, Inc’s reputation for consistent and innovative design provides it with a competitive edge in the market and the company aggressively defends those copyrights when infringed upon by counterfeit product.
Copyright and Trademark Infringement
TierraCast, Inc provides and maintains the following to both inform eBay clientele of the issues of copyright and trademark infringement and to provide clear warning that the company takes any infringement as a serious issue. Tierracast has an absolute “No Tolerance” policy regarding any sale of counterfeit TierraCast product or unauthorized use of its trademarked business name. The company does not sell “seconds” nor does it ever use the services of “overstock” or “clearance” wholesalers to reduce inventory. To date, the company has pursued over one hundred and eighty individual copyright infringement cases and has been successful in 100% of those cases. Most of them are resolved through simple communication, while others required suit in United States Federal Court. TierraCast, Inc copyrights are also registered with the United States Custom Service whose support may be called upon to seize and confiscate counterfeit merchandise.
In cases where the infringing parties have been cooperative, TierraCast has sought only to stop the sale of the identified items and ensure any remaining stock is destroyed. In those cases where the infringing party has been uncooperative or combative, TierraCast, Inc has used the full force of the law to seize counterfeit parts, recover legal costs and receive monetary compensation. TierraCast, Inc is represented in these matters by Howard Rice et al in San Francisco, California.
TierraCast, Inc recognizes that the enforcement of copyright and trademark protection supports all legitimate parties in commerce. By such rigorous enforcement TierraCast, Inc protects its valued customers, supports innovative designers, and reduces confusion among the public as to the true nature of the products they purchase. The majority of counterfeit products offered for sale are not made from “lead free” pewter as used by TierraCast, Inc., but rather made from alloys that often contain alarmingly high levels of lead and other dangerous metals such as cadmium.
Frequently Asked Questions
Q. How can you tell the parts are counterfeit?
A. In many cases TierraCast, Inc employs independent agents to purchase and provide suspect samples for their review. In most cases a simple visual comparison can determine the counterfeit nature of an item. In the extremely rare cases where the nature of the copy is in question, TierraCast has an independent metal testing facility provide an XRF analysis of the alloy from which the item has been made. This allows reliable distinction between the legitimate TierraCast, Inc part and the counterfeit copy.
Q. Why didn’t TierraCast, Inc inform me directly rather than report my listing to eBay?
A. While sensitive to the possibility that the seller does not know of the counterfeit nature of items offered for sale, Tierracast, Inc cannot take the time and go to the expense of attempting direct contact with each vendor of counterfeit parts. TierraCast, Inc also believes that it is important for all parties to the transaction to understand the implications of attempting to sell counterfeit parts. Once eBay is informed of the problem at its outset, it is able to accumulate the history of such transactions should they continue in the future.
Q. The parts I’m selling are not direct copies, they just use the same design. What’s wrong with that?
A. Copyright protects not only against selling directly molded copies of a cast design, but also protects the specific design interpretation, even if the general design motif is a common object. TierraCast, Inc does not, for example, own a copyright on the idea of a bead cast in the shape of angel wings, but it most certainly does have copyright protection against the direct copy of its specific design of an angel wing bead and protection against the exact design being used as the specific foundation for other copies.
Q. But the designs I’m selling don’t look anything like TierraCast, Inc designs. I just advertised them as “As good as TierraCast, Inc castings”. Why can’t I do that?
A. Associating any object for sale with the trademark name of TierraCast, Inc without express permission is potentially a violation of trademark law. Such association does not have to promote the item as a legitimate TierraCast, Inc design.
Q. Well, eBay didn’t stop me for posting the item; if they have no problem, why should you?
A. eBay does not screen vendors or merchandise before posting to its various sites. Nor does acceptance by eBay override Federal Trademark and Copyright law.
Q. I bought the items in question in good faith from another business. TierraCast, Inc should be dealing with them, not me.
A. It is precisely for this reason that TierraCast, Inc always takes an initial approach that seeks merely to stop the sale and have stock destroyed, without legal action or seeking financial damages. TierraCast, Inc would very much like to be able to deal directly with the source of the items in question and will guarantee anonymity to anyone willing to offer information as to the source of such products. If all such sources could be identified, small innocent vendors would not be caught between unscrupulous sources of counterfeit parts and their legitimate copyright owners.
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