Buyer Beware: Frank Babuska Sr

not enough chum here to pay for takeoffs on the yellow ferrari

 

not sure what laws are for motorcycles, but some states for automobiles, all sales are ruled "as-is" unless there is a warranty in writing.. FL is one of those states if not mistaken (not sure how it works in his state). And yea, as many stated, small claims is $5k max in most states. so that is potentially an option as the law may be a little more lax in this area ?? Not takin a side on what he should or shouldn't do, but pretty sure they don't have anything in writing.. so options may be limited.

 

Yeah, worse when you're reading this crap, your cookie expires and that two step verification shit combined with yahoo email shit won't let you post.

Wait, maybe that's better?

 

So, just for clarification: Trademark requires an active defense, Copyrights do not. Just because you haven't gotten a C&D doesn't mean you're not in violation of the copyright. Also, the US grants copyrights automatically on content creation so just because you haven't filed anything doesn't mean the creation in question doesn't have a copyright. So no, person B can't just duplicate what they want willy nilly 'cause person A hasn't caught wind of it yet...

 

Chris, just to pick a nit, without any comment directed toward our favorite sticker maker...

you've used the "i'm not speeding until i get caught" argument, and it's not correct. now, whether or not enforcement is worth it based on time spent/damages available/proving a point is an entirely different argument.

with respect to Trademark infringement, you're correct that an undefended Trademark may eventually become "genericized"

Edit: dammit, Kurlon beat me to it.

 

Watch for tha C&D letter, pretty sure he filed for a patent.

 

Cruzel has, to use an apt analogy, has been doing wheelies up and down the streets of said copyright/trademark holders streets for years, much to their delight.

Certainly an implicit approval, if not a written explicit.

-jim

 

This post says it all...
Duc89's race season is done or at least very limited now due to other people's greed.

And good call on getting away from that bike. To much bad mojo with it now.

Ride safe,
AAron

 

Gets confusing, no?

 

Skank shift.

 

often better business practice than the social media shitstorm that comes from crushing the little guy over trivialities.

 

i resemble that remark

 

He's already working a case

 

I'm still at a loss why Sr just doesn't try to make this right. Send the guy a check for $2, $3K or whatever is reasonably agreed and call it a day. What he is really doing is f$cking his whole families reputation. Maybe integrity doesn't matter to him but is sure as hell does to me.

 

I

I agree. I'm not the guy that's gonna show up with a 3 foot screwdriver at his house. But damned if I wouldn't have this on every digital media outlet I could stick it on. It would go viral just like it has here. The racing community isn't that big and everyone really looks out for one another. I'd make it known everywhere I could on the interwebs.

 

the problem here...reasonable is $12k. The bike is pretty much junk, especially after seeing the frame, which wasn't even part of the OP's original complaint.

 

I've been where you are and it sucks. And you're doing what I did, recover what you can however you can and walk away from it.

I commend you on having the guts to address it publicly and endure the resulting social drama. It's the one step I didn't have the guts to do and in retrospect I wish I had.

 

Im pretty much at paying the shop to re-assemble the bike as sold and giving it back to him and taking a certified check for $11.5k. Call it a useage fee for the 500 deficit.

Or have a driver deliver it to him at his residence or job and take a check there.

But you know how this has been going...