Finally! American Digger TV Is Getting Sued By American Digger Magazine

[OZARKS]

http://www.mytreasurespot.com/main/read.php?3,545416,545897#msg-545897

some day you'll be as smart as you think you are.

So a link to another forum validates your argument? O k

I'll be back to talk to you after a judge makes his decision, then we'll discuss how smart I am

 

[Timberedclub]

Sorry to ask a dumb question...do they still air the show? Not much of a television watcher...

 

[Iron Patch]

So a link to another forum validates your argument? O k

I'll be back to talk to you after a judge makes his decision, then we'll discuss how smart I am

Well now we know who's NOT American Digger magazine's lawyer! Poor jimmy242, I so want to hear Triumph's Fight the Good Fight in the background when I read your posts, but it's Green day playing American Idiot. You may go now.

 

[Midknight]

They didn't expect the show to survive more than one season?!?!?!?!? GEESH! If Jersey Shore can go on for 5 seasons than why wouldn't this show survive? I would suggest the people of that magazine figure out the REALITY of REALITY TV shows. lol

 

[jimmy242]

not arguing with u all anymore, it not worth my breath.

the link i posted was to the forum that ADM actually visits and posts on a regular day to day basis. that was just one of many topics on that forum that they have tried to distance themselves from the show since the first day it aired.

if your not willing to go and read the posts from them, don't blast them on here. they are actually on our side on this.

 

[OZARKS]

They aren't "on our side" because we aren't being paid from the show or the magazine..... and we aren't blasting them.

We are merely sayign that they DID have a relationship with Ric, who was a writer for the magazine. We are saying that ADMagazine DID give them permission to use the name, so there is no copyright infringement since the Viacom people claim to have a full use agreement from AMDmagazine.


What happened is the magazine gave them permission to use the name thinking it was going to BENEFIT the magazine. ADMagazine thought it would bring them positive publicity and CASH FLOW, only it did not... NOW ADM wants to distance themselves from the negative publicity.

The problem with that is, they didn't file a cease and desist which means that they gave permission to use the name originally.

ADM just wants to distance themselves from it now, and I believe the judge is going to rule that no crime or infringement was commited.

 

[SE-5]

How they could of EVER thought this show would of shown the hobby in a positive light is beyond me..... IF it had been REAL, then it may have been, but it is trash, and as long as it is on I will not pick up their magazine.

 

[Longhair]

From their website.

Disclaimer:American Digger® Magazine has no direct affiliation with Spike TV’s American Digger show, its producers, or stars.Our magazine remains independent of any other entertainment venues, and is dedicated to the hobby of responsible recovery of artifacts for enjoyment and historical importance only.

 

[OZARKS]

From their website.

After the fact...

 

[Diggler]

Wait. There's a TV show and a magazine about detecting in America?

 

[Iron Patch]

after the fact...

Ironpatch has no affiliation with all the trash that he found earlier metal detecting. It remains independent of the quality finds and better sites.

 

[TheCoilist]

If anybody knows a good lawyer... I could use some help! I had the Discovery Channel/TLC steal my idea for a show that I submitted to them with the terms I either get paid or get hired to work in the production of the show.

Neither happened and they even told me that they weren't interested in my idea. They sent me this email on a Friday. The following Monday they filed a trademark on the show name that I submitted and then produced an entire series! "My Collection Obsession" now known as "My Crazy Obsession" in it's 2nd season...

So... the question remains... anyone know a good trademark/patent lawyer??? This man needs to get paid!

Thanks!

Okay... well you have the burden of proof, and without documentation you will not stand a chance.

I work in the TV/Film industry... and I do work with many companies around the nation, Discovery, etc. I can tell you that their lawyers and their productions are quite robust. In many cases they do not take on any project without going through them with a fine tooth comb. That being said, the chances of you winning a case is slim to none. It's unfortunate, but unless you put it down on paper and get a treatment prepped and submitted for copyright, you hold no rights. Intellectual properties can't be proven. Your best bet is to try and settle out of court, but if they know you don't have a leg to stand on, you're in trouble.

Next time before submitting ANYTHING to ANYONE make sure you have your thoughts, ideas, etc. on paper and submitted to the copyright offices and approved. And mailing a copy to yourself IS NOT COPYRIGHTING!

 

[Milhaus]

There is no way a guy like Rick Savage is not going to understand licensing, he has been in entertainment for years and knows what a disaster ending up in court can be. He could have picked any name. Why would he use their name if he didn't believe he had the rights especially when he knew that they knew he was making a show?

We'll have to see what comes out of the case.