Wednesday, February 18, 2015

PoliticalSculptor's #leftshark back at Shapeways




After Katy Perry's lawyers failed to assert their copyright claim in both letters in response to my lawyer. My lawyer  (name has been deleted) contacted shapeways and counter responded to their cease and desist. 

So enough lawyer terminology for this post. Pretty much my design is back up undtil they prove copyright or send me to court. So get yours before the sharks get him.

You can get it at my Artist subdomain page http://shapeways.com/shops/amznfx 







Sunday, February 15, 2015

Prior Art claim

So Greenberg Traurig the multimillion firm coming after me for "Copyright" just filed "Trademarks" for LEFT SHARK , RIGHT SHARK, DRUNK SHARK and awkwardly BASKING SHARK. Three Terms i been using in my products before they even filled their trademark applications. I wonder what this means and if they will come after me after for "Trademark" infringement using this well known Trademark Trolling technique. Will they come after National geographic and any other company interested in using the words BASKING SHARK? (thanks to @proofofUse for links to these applications)

Edit: Actually i talked to numerous IP lawyers and they claim that this move is very common. unscrupulous firms usually send nastygrams (letters meant to scare you using fancy lawyer terms without any legal backing) These nastygrams scare small business out of production until they can attain trademarks and then use this to protect a brand or item they actually never had copyright to. Welcome to the way Free market America works now where the guy with the deepest pockets win.



However, things have started to get a little bit juicier and disturbingly interesting. Looks like GT law firm is now trying to trademark "standing shark in right profile; the shark's body is blue; the shark's snout is white."  and "shark standing on two legs; the shark's body is blue; the underside of the shark's fins are whiteIn another attempt to capitalize on something they have yet to prove is "copyrighted" and that was created by the internet not them. (please note the date of the filling)


thanks @V_of_tReason


Will they switch their Copyright Nastygrams to  Trademark nastygrams? will this copyright trolling evolve into trademark trolling? this is getting out of hand for something that is dying down day by day. But i'm pretty sure GT law firm doesn't care. They probably billed thousands of dollars in hours to Katy Perry right about now. So it's a win win for them and a lose lose for us artists and the internet  that created this meme.

These guys aren't backing down not even after my lawyer  (name has been deleted) responded and responded AGAIN!! will this GT Firm take this to trial? not sure.. but if they do i'm asking my lawyer if it's possible to get left shark and right shark to testify in court wearing their outfits of course!!. (if that happens please donate to my legal fund here)

Well Anyways this post is about prior Art and who has the right to copyright and therefore capitalize on this un copyrightable piece of clothing. These GT lawyers state that they should be making all the money... i mean Katy Perry should. You know because of prior sketches that they have yet failed to publicize or prove copyright.

So thanks to the internet, artists, and people following this case i have been informed of dozens of prior art. MTV reported that Tacocat claimed the whole beach shark thing was their idea. Then @robertcopper found this link between jaws, Back to the future and Katy perry. And Finally @shanleygem claims that this "Standing shark art" was used by him in months before the super bowl.

However if these lawyers claim that a "Standing shark with two legs" is copyrightable then will they come after me for my Sad Sham-U the Orca toy art piece made in response of #blackfish?.  If you think about it my Aquatic figure has fins and a dorsal fin that might be confused with a shark. My figure has a white belly, is also standing and has two legs!! a frowny mouth and seems sad he is a slave of a waterpark..  oh my god! i'm definitely screwed.


Oh wait.. shouldn't I be doing Copyright Trolling to Katy Perry.. since i had this piece out way before Katy Perry's lawfirm started copyright trolling artists like myself.

Anyways i'm resuming sales of my Left shark at etsy.com/shop/amznfx and selling a lot more politically oriented and not so political stuff at Shapeways.com/shops/amznfx

Saturday, February 14, 2015

Sorry for the delays

Hi my fellow #leftshark lover and 3D printed figurine customers. This whole lawyer thing is very stressful and takes a lot of my time.. Also had some issues with 3D printing initial orders so i like to apologize to those who bought a 3D Printed #leftshark and didn't receive it in time for valentines!!

99% of this is due to the fault of Katy Perry's law firm who want to keep this whole copyright claim going even after my Lawyer (name has been deleted) responded to their letterS yes letters because they don't want to let this one go!!..


Any way i made this for you guys so you can give it to your special someone because the 3D print didn't make it there on time. Please tell them i apologize and tell them Katy Perry's law firm is to blame for this!!






Friday, February 13, 2015

Katy Perry's lawyer is not backing out so i need your help!

Katy Perry's lawyer is not backing out so i need your help!.

Hi Guys Katy Perry's Law Firm seem to be determine to come after this ONE person Small business. My Lawyer Responded to GreenbergTraurig's nastygram monday Feb 9th. But they didn't back off and instead threatened me even further.

Thankfully my lawyer also responded but this might go to trial. Something I was hoping wouldn't happen. I can't afford to fight a multimillion dollar firm not in a million years. My hope was that Katy Perry would back off or grant me permission so I wouldn't need this legal fund. Which is why i haven't been pushing this legal fund very much. However, that hope is quickly vanishing. So please Share, Tweet, and snail mail this to your grandma. I really need your help on this one. You can See Katy Perry's lawyer response to  (name has been deleted) my lawyer. Also You can see my lawyer's second response to GreenbergTraurig's letter below

http://politicalsculptor.blogspot.com/2015/02/katy-perry-law-firm-responds-and-so.html

and here is the link to my GoFundme campaign

http://www.gofundme.com/lp5xec


(why didn't we think of doing this wonder Dictators around the world)




Wednesday, February 11, 2015

Katy Perry Law Firm responds and so does Political Sculptor lawyer

So Pretty much it took less than 24 hours for Katy Perry's law firm to send shapeways.com/shops/amznfx a cease and desist and have my design deleted from the page. However, for some reason Katy Perry's lawyers took a much longer to respond to my lawyer  (name has been deleted) response which can be found here. http://politicalsculptor.blogspot.com/2015/02/politicalsculptor-retains-legal.html 

Since then i have resumed sale of the left shark at Etsy.com/shop/amznfx


Anyways I'm posting Katy Perry's Law firm response here and my lawyers response below 


it can be downloaded here http://politicalsculptor.com/feb11/1025_001Plinio1stResponse021015.pdf

My lawyer's response is here




this letter can be downloaded here http://politicalsculptor.com/feb11/021015plinio.pdf

i'm speechless thanks to @proofofuse we found out that Katy Perry's lawyer used an IMAGE of my 3D printed shark in a trademark application for Left Shark.. I'm not joking, this is not an Onion Article.. I already pinched my self and i'm pretty sure is not a dream. here is a screenshot and a link to the trademark application






here is a link to the page http://tsdr.uspto.gov/#caseNumber=86527730&caseType=SERIAL_NO&searchType=statusSearch



like i said before i'm resuming the sale of this 3D printed full color desk figurine at a different store front Etsy.com/shop/amznfx along with a couple other characters which include a drunk shark, pink drunk shark, and right shark. Please if you report about this please include a link to my page politcalsculptor.com or etsy.com/shop/amznfx

Monday, February 9, 2015

Politicalsculptor retains legal representation and responds to Katy Perry's Law Firm

Usually when it comes to small business owners, when the lawyers come after you the outcome is usually pretty predictable. Lawyer sends you a threatening letter and in fear of legal action you do whatever the lawyer tells you to do. 

As I stated before and again, I didn't make this 2.7 inches 3D printed figurine of a comical sea creature wanting to get into a legal battle. If anything I expected more controversy regarding my previous works which included homophobic world leaders and local politicians. I certainly didn't expect this reaction from a comical dancing shark.

I really would like to thank everyone for your support and encouragement. I decided to finally take a stand and break the usual cycle of rolling over or giving into legal threats.


As of Friday, I have retained the legal representation of  (name has been deleted) Professor at New York University School of Law and we have decided to fight back these bullying corporate lawyers.

I'm attaching the response letter we provided to the lawyers, who are responsible for taking down my product at my artist page. http://shapeways.com/shops/amznfx.

I'm also resuming the sale of this 3D printed full color desk figurine at a different store front Etsy.com/shop/amznfx along with a couple other characters which include a drunk shark, pink drunk shark, and right shark.

Thank you all,

Fernando Sosa

Just a small shark trying to make a decent living.


This is a response to katy Perry's law firm who send a cease and desist over a 3D printed figurine i was selling at shapeways.com/shops/amznfx claiming copyright over the left shark. Here is the letter






GIving away my 3D printing file at thingiverse, cg trader, and pinshape

I decided to give the file away to the makers with access to 3D printers via thingiverse, pinshape and cg trader

http://www.thingiverse.com/thing:667127
https://pinshape.com/items/3140-3d-printed-left-shark
http://www.cgtrader.com/free-3d-print-models/miniatures/figurines/left-shark

please don't sell the 3D prints of this figurine since the lawyers haven't drop their copyright claim on the representation of this shark. also when posting this please tag me @mstyle183 on instagram or twitter.com/politicalsculpt or twitter.com/mstyle183


thank you


setting up a legal fund at gofundme

Visit my legal fund at http://www.gofundme.com/lp5xec Please Use hashtag #3Dleftshark wen talking about this case in the social media

As You know Certain Celebrity send their lawyers after me. Not going to say who it is but rhymes with Merry. Anyways these lawyers who also happen to represent people trying to supress marriage equality in florida ( http://seminoledemocrats.blogspot.com/2014/12/tallahassee-regime-defies-same-sex.html) Claim they own the rights of anything depicted in a half time show.. including a Blue aquatic figure also know as a shark.


This really sucks because i spend a lot of time and effort creating a 3 inch 3D printed desk figurine of the shark to be placed in my shop. Which was deleted because of a cease and desist. http://politicalsculptor.com/  my store can be found here too http://www.shapeways.com/shops/amznfx?section=Politicalsculptures&s=0





I'm a 3D printing artist that makes his work right here in the old USA. My work is usually political oriented and usually attacks homphobes. (not so profitable)  So i don't have a legal fund or a bunch of fancy lawyers. All i want is to be able to sell my artwork that apparently people seem wanting to buy.






However, i need a lawyer to help me respond and fight this copyright claim. Or even better just get permission to sell it by the Lady that rhymes with Merry.

So Please help me raise money for my legal fund or contact This artist and encourage her to let me sell this figurine. Please be nice i bet she doesn't even know her lawyers are doing this and i bet she doesn't know her lawyers are also representing homophobes in Florida.

Here is a picture of a #drunkshark and thanks for your time. please share and tweet this and help me fight this

here is part of the letter lawyers send to shapeways.com the artist market place i was selling my #3Dleftshark figurine under the subdomain http://shapeways.com/shops/amznfx





Since then Shapeways has complied by canceling all orders, refunding all the money, deleting the pages which were selling my #3dleftshark, and refunding my commission for the 14 pieces that had sold within the 24 hours it took the lawyers to take down my product.


Media coverage

So I been creating Political sculpture and other stuff since i got famous with my 3D Printed Chris Christie and my Putin Butt Plug. It's pretty obvious i make stuff to poke fun at dictators and politicians who use homophobia to stay or gain power. I have done many satirical pieces attacking famous and no so famous people around the world.

In return many who find my work enjoyable have featured my work in TV shows like HardBall Chris Mathews in MSNBC and the Late night show with Seth Meyers. However most of the attention to my work has been abroad in shows like Howard Russell TV show, Paul Henry show or a funny French TV show Le Grand Journal . Anyways i think i pretty much established that my work is satirical in nature and sometimes offensive if you are a Putin or Kim Jong Un supporter who likes to send death treats.

It's cool i know my work is not going to slide easily if you are a dictator who depends on its reputation build from propaganda to stay in power. I know the dangers of going after these kind of people but this is freaking America!! You might not like my work but i have every right to say what i like to say without people, politicians or dictators being able to stop me.

However, after going after Putin and the homophobic axis of evil gets a little old sometimes.. Sometimes i just want to 3D model an iphone case.. maybe a blue meth throne to keep my iphone on.. and lately had the urge to make fun of the the NFL deflategate scandal.

So after years of going after dictator like Putin i finally meet the subject that has taken me down.. or at least that has a lawyer and made shapeways.com/shops/amznfx take down one of my pieces. Here you can see him before it was taken down along with my other pieces right below him and a huge link to my page


Press coverage

Just a couple of links to media outlets that have been discussing my 3D printed left shark

Fox Business 
http://video.foxbusiness.com/v/4037110582001/katy-perry-sics-lawyers-on-left-shark-vendor/#sp=show-clips
CNN
http://www.cnn.com/videos/tv/2015/02/07/exp-erin-sot-katy-perry-sends-out-sharks-over-left-shark.cnn
MSNBC Politics Nation
http://www.msnbc.com/politicsnation/watch/family-s-controversial--kidnapping--lesson-395497027773



Katy Perry's lawyers are out for blood over the Left Shark craze



Katy Perry's dancing shark takes bite out of artist's idea - 7News Boston WHDH-TV
Katy Perry complains over Left Shark 3D model
Katy Perry sics lawyers on Left Shark vendor - CNN.com
Katy Perry's lawyers demand takedown of Left Shark design from 3D printing website - Mirror Online
Katy Perry’s Lawyers Demand 3D Printed ‘Left Shark’ be Taken Down - 3DPrint.com
Katy Perry's lawyers latch jaws on 3D printed sharks - Boing Boing
Why Katy Perry’s Lawyers Just Jumped The Shark | Make:
Katy Perry's lawyers demand Left Shark costume design be removed from website - People - News - The Independent
Katy Perry's lawyers go after 'Left Shark' vendor | Celebrities | Entertainment
Left Shark Figurines Pulled After Cease-and-Desist Order by Katy Perry's Lawyer | Bleacher Report
Katy Perry’s Left Shark Merchandise In Legal Battle [Video]
Katy Perry’s dancing shark takes bite out of artist’s idea - NY Daily News
Katy Perry’s dancing shark gets brought down by lawyer - Spokane Celebrity | Examiner.com
Katy Perry's Left Shark Inspires Merchandise, Law Suits
Katy Perry’s lawyers bite back over Left Shark merchandise | Page Six
Katy Perry's lawyers go after artist of 3D printable 'Left Shark' | Digital Trends
Lamphier: Left Shark reeled in by Katy’s lawyers
Katy Perry's Lawyers Bite Down on 'Left Shark' Salesman
Katy Perry's Lawyers Are Going To War Over Left Shark
3D Printed ‘Left Shark’ Creator Launches Funding Campaign to Fight Katy Perry’s Lawyers - 3DPrint.com
3D-printed Left Shark lands artist in hot water with Katy Perry's lawyers
Katy Perry’s Left Shark goes from viral hit to litigious - MarketWatch
Katy Perry’s dancing shark gets introduced down via lawyer - World News - International Headlines
Katy Perry’s Biglaw Firm Sends Out ‘Left Shark’ Cease & Desist Letter | Above the Law
Team Katy Perry takes snap at Left Shark vendor
Katy Perry’s lawyers demand takedown of 3D printable Left Shark — Tech News and Analysis
Katy Perry stops artist from selling dancing shark figurines
Video | News, Entertainment, Politics | Orlando and Florida News
Katy Perry's lawyers bite down on entrepreneur​ making 3D printed sharks - Arts & Entertainment - CBC News
'Left Shark' costume design irks Katy Perry's lawyers - Music - NZ Herald News