identity theft of traditional artisans

[MariadelosAngeles]

As a legally-constituted artisans cooperative in Mexico, do we have a legal right to defend our good name in the USA market?

We claim ownership of our identities and deplore the use of our images and those of family members,
when they are the ones who refuse to talk with us or present any accounting for continuous production
averaging $450,000usd/ year = <cost of materials +12 artisan families.> of quality handcrafted jewelry.

In 2017 the cooperative sold at below cost however the customer would not talk with us,
nor provide a closing statement of accounts as is normal in ordinary commercial business.

Since then, the cooperative died for purposes of production.
The people went to Guadalajara, Phoenix, Chicago, Carolina,
or they suffer in their humbles home, without work or income.

What we want is a dialog with this customer and a presentation of accounting
for the years we were their principle supplier of handcrafted jewelry (2010-2017).
But, the principles wanted to slink away; it would be ordinary savage capitalism;
if they did not continue to pose as benefactors of the craftspeople of our town.

I will love to hear the ideas of the community.

In advance, to those who would think well of us, thank you!

Maria

 

[Zigner]

Yes, you can defend yourself against any perceived wrongs in the US. You will likely need to hire an attorney.

Why do you believe that the customer of the cooperative has any duty to talk to you?

 

[zddoodah]

a legally-constituted artisans cooperative

Please explain what this means, and keep in mind that an "artisans cooperative" is not a legally-recognized business entity form in the U.S. (I have no idea about Mexican law).

do we have a legal right to defend our good name in the USA market?

Depends on what exactly is happening.

We claim ownership of our identities and deplore the use of our images and those of family members,
when they are the ones who refuse to talk with us or present any accounting for continuous production
averaging $450,000usd/ year = <cost of materials +12 artisan families.> of quality handcrafted jewelry.

You wrote this as a single sentence, but I cannot figure out what the part before the comma (the part I bolded) has to do with the rest of the sentence. As for the part after the comma, who are "they," and who are "us"? Playing the pronoun game will only lead to confusion. I'm guessing "they" refers to one or more "family members" whom you mentioned in the first part of the sentence, but why would these family members have any obligation to account to you for anything?

The rest of your post is full of vague and ambiguous statements. I can't tell who's who or who has legal obligations to you. If you clarify this, you may get more useful responses.

 

[quincy]

As a legally-constituted artisans cooperative in Mexico, do we have a legal right to defend our good name in the USA market?

We claim ownership of our identities and deplore the use of our images and those of family members,
when they are the ones who refuse to talk with us or present any accounting for continuous production
averaging $450,000usd/ year = <cost of materials +12 artisan families.> of quality handcrafted jewelry.

In 2017 the cooperative sold at below cost however the customer would not talk with us,
nor provide a closing statement of accounts as is normal in ordinary commercial business.

Since then, the cooperative died for purposes of production.
The people went to Guadalajara, Phoenix, Chicago, Carolina,
or they suffer in their humbles home, without work or income.

What we want is a dialog with this customer and a presentation of accounting
for the years we were their principle supplier of handcrafted jewelry (2010-2017).
But, the principles wanted to slink away; it would be ordinary savage capitalism;
if they did not continue to pose as benefactors of the craftspeople of our town.

I will love to hear the ideas of the community.

In advance, to those who would think well of us, thank you!

Maria

Yes. You can defend your rights in the U.S., under U.S. laws in U.S. courts.

 

[MariadelosAngeles]

Yes, you can defend yourself against any perceived wrongs in the US. You will likely need to hire an attorney.

Why do you believe that the customer of the cooperative has any duty to talk to you?

I think this is a commercial practice when terminating many years of supplier relationship to agree on the balance accounting. Isn't it?

 

[Zigner]

I think this is a commercial practice when terminating many years of supplier relationship to agree on the balance accounting. Isn't it?

If you have a problem with how the transaction occurred, then you will need to speak to an attorney (or other legal professional) in Mexico. This forum is for US law matters only.

 

[MariadelosAngeles]

Please explain what this means, and keep in mind that an "artisans cooperative" is not a legally-recognized business entity form in the U.S. (I have no idea about Mexican law). "Sociedad Cooperativa de Responsibilidad Limitada (SC de RL) is a well-established legal form in Mexico, with power to make legal complaints and to receive notifications.



We claim ownership of our identities and deplore the use of our images and those of our family members by a former customer,

We denounce our former customer forindulging in bad faith and refusing to dialog with us, or present a final statement of accounts.

We supplied this company our attentive responsive continuous production averaging $50,000usd/ year of quality handcrafted jewelry.

The complete GMail record shows that from january 2000-december 2017 our service was perfect, so was our quality and our delivery.

Since this customer primarily sells our product as being imbued with humanitarian principles, they should never have acted cruelly.

The customer is led to believe that the artisan is living a life of dignity at least not bankrupted and being treated like a faceless slave.

The Distributor takes our identities and traditional craftspeople and markets this; then treat us as if we were jaded businessmen.

The cultural content and the human content of our products are what make our jewelry saleable to the customers of this Distributor.

 

[MariadelosAngeles]

If you have a problem with how the transaction occurred, then you will need to speak to an attorney (or other legal professional) in Mexico. This forum is for US law matters only.

The criminal act took place in the United States.

We question the use of our identities by commercial actors.

 

[quincy]

Are you speaking of counterfeit goods, with claims by these vendors that the goods originate with you?

If so, you can file complaints with the U.S. International Trade Administration:

https://www.stopfakes.gov/article?id=Report-Counterfeit-or-Pirated-Goods

https://www.stopfakes.gov/Reporting-an-Online-Vendor-Selling-Fakes

If the problem you and other local artisans are having is infringement of either trademarks or copyrights, here are links to the U.S. intellectual property laws in the U.S., probably best explained to you by an IP attorney in your area.

http://www.uspto.gov

https://www.copyright.gov

If your personal identities are being used without your authorization, consulting with an attorney in the states where the individuals live could help you discover if there are any privacy/publicity rights actions for you to take.

If the goods are being marketed online (like on eBay or Etsy), file a complaint using the report features available on those sites.

 

[MariadelosAngeles]

Please explain what this means, and keep in mind that an "artisans cooperative" is not a legally-recognized business entity form in the U.S. (I have no idea about Mexican law).



Depends on what exactly is happening.



You wrote this as a single sentence, but I cannot figure out what the part before the comma (the part I bolded) has to do with the rest of the sentence. As for the part after the comma, who are "they," and who are "us"? Playing the pronoun game will only lead to confusion. I'm guessing "they" refers to one or more "family members" whom you mentioned in the first part of the sentence, but why would these family members have any obligation to account to you for anything?

The rest of your post is full of vague and ambiguous statements. I can't tell who's who or who has legal obligations to you. If you clarify this, you may get more useful responses.

Thank you for your comment. I will be careful to write more clearly in the future. Can we start over? Sorry.


We claim ownership of our identities and deplore the use of our images and those of family members,
by ex-Customer who refuses to dialog with us, or provide any accounting for the continuous production
of high-quality jewelry we produced for them (january 2000-2017); an average total of $50,000usd/year.

My question is about the use of our images suggesting, that their business has a humanitarian component.

The customers of our ex-Customer are exclusively interested in benefitting the original artist and producer
of the product as distinct from oridinary commercial merchandise on gets at a flea-market or at Amazon or Etsy.

Believe it or not, there are many people who only purchase frovolous things like jewelry. if it is for a good cause.

 

[quincy]

You should consult with an attorney who can direct you to the appropriate agencies in the states of operation, where you can report misleading or deceptive advertising/fraud.

Good luck.

 

[Zigner]

...provide any accounting for the continuous production
of high-quality jewelry we produced for them (january 2000-2017); an average total of $50,000usd/year.

There is likely no requirement for your customer to provide an "accounting" (whatever that means) to you.

 

[quincy]

What you really need is an attorney who can sit down with you and personally review all aspects of your complaints. Despite the additional information you have provided, it is still not clear what exactly disturbs you and what exactly it is that you want to do.

 

[MariadelosAngeles]

Are you speaking of counterfeit goods, with claims by these vendors that the goods originate with you?

If so, you can file complaints with the U.S. International Trade Administration:

https://www.stopfakes.gov/article?id=Report-Counterfeit-or-Pirated-Goods

https://www.stopfakes.gov/Reporting-an-Online-Vendor-Selling-Fakes

If the problem you and other local artisans are having is infringement of either trademarks or copyrights, here are links to the U.S. intellectual property laws in the U.S., probably best explained to you by an IP attorney in your area.

http://www.uspto.gov

https://www.copyright.gov

If your personal identities are being used without your authorization, consulting with an attorney in the states where the individuals live could help you discover if there are any privacy/publicity rights actions for you to take.

If the goods are being marketed online (like on eBay or Etsy), file a complaint using the report features available on those sites.

Thank you for those links to the U.S. International Trade Administration: If feasible, we will be sure to register a number of complaints.

But that is not the question I have. We are professional artisans; we already know there is no practical way for us to protect our designs;

on the contrary, every commercial pbuyer believes its his right to copy our creations (usually they find out it is harder than they think)

We are well-accustomed to fact of how buyers are when it comes to robbing designs, certainly we cannot hope to stop this practice.

Our complaint is about the use of our identities as traditional craftspeople that is being hijacked by unscrupulous commercial actors.

They claim to be our benefactors,yet cynically publish images of our children as an incentive for their customers to make a purchase.

 

[Zigner]

Our complaint is about the use of our identities as traditional craftspeople that is being hijacked by unscrupulous commercial actors.

They claim to be our benefactors,yet cynically publish images of our children as an incentive for their customers to make a purchase.

You will need to have a personal review by an attorney (or other legal professional). There is really nothing else this forum can help you with.