Very rare Louise Brooks OMD Pandora's Box t-shirt now for sale on Etsy

UPDATE: The item described below has been removed from Etsy following a complaint from the internet troll who has been harassing me and the Louise Brooks Society. Apparently, this troll thinks he owns the intellectual property rights of the the OMD t-shirt I was hoping to sell. I guess I should inform the band and Virgin records, their label at the time. I have appealed to Etsy, but considering what numskulls they are, I don't expect a favorable response.  Following the Etsy take-down, the Louise Brooks Society Instagram was also suspended (again) following yet another complaint from the same troll. 

UPDATE #2:  I just posted a complaint - my third - on the Etsy Forums. I doubt it will do any good.

UPDATE #: Today, on 4/18/2023, the Louise Brooks Society Etsy account was "permanently suspended" due to the fact that my account received multiple ALLEGATIONS of intellectual property infringement - not actual infringement, just allegations - the most recent example is detailed below. Its ridiculous, I know. But there you go.

When ever I want a pick-me-up, I watch one of the many videos of Orchestral Manoeuvres in the Dark (OMD) performing their hit song "Pandora's Box (It's a long, long way)". YouTube has a number of similar videos. What I love about this particular video, in which the song is performed live in concert, is that images of Louise Brooks are projected on screen behind the band. The song's introduction is given by OMD singer and big-time Louise Brooks fan Andy McCluskey.

I love that band, and I love that song. I remember how thrilled I was to discover the LP and CD (and also a  limited edition single depicting Louise Brooks which featured a remix of "Pandora's Box") at a record store on Haight Street in San Francisco, where I then lived and worked. I believe it was a branch of Rough Trade records, sometime in the early 1990s. (Another highlight was seeing the Violent Femmes playing for free outside the store. Or was it the Replacements? I must be getting old....)

Well anyways, I have also had great affection for OMD, as discovering that song was intimately tied in to my discovery of Louise Brooks. Sometime around then, in the early to mid-1990s, I was walking around Berkeley, California and went into one of its many record stores - and guess what I found. It was an OMD t-shirt depicting Louise Brooks. SCORE!!!!! 

I now need to raise some money, so I am willing to sell that very collectible shirt. I have put it up for sale on my Louise Brooks Society Etsy account as a fundraiser. In case you are wondering why my Etsy account is no longer named Louise Brooks Society - it is now called lulupandorasbox - that's because Etsy forced me to change it because a certain internet troll complained. What a grumpy pants. Here is the picture of the front and back of the t-shirt. (Don't worry, I have laundered it more than a few times.)

Here is my Etsy product description: "Offered here is a very cool, very rare VINTAGE t-shirt, dating from the early 1990s. It depicts Louise Brooks, the iconic silent film star, on the front. On the back are the words "Pandora's Box" and "Orchestral Manoeuvres in the Dark". This t-shirt was issued in the early 1990s as a promotional tie in to the Orchestral Manoeuvres in the Dark (OMD) song "Pandora's Box" (subtitled "It's a Long, Long Way" for US release) from the band's 1991 album "Sugar Tax."

This is an official t-shirt, not some counterfeit knock-off. I bought this shirt in a store in Berkeley, California. I have owned this t-shirt for nearly 30 years. It is in good though used condition, and has been worn a number of times. There is one whole on the left sleeve, and another smaller whole below the image of Louise Brooks, pictured from her Denishawn days. (The same image was used on other OMD releases from the time.) There is some yellowing around the collar. The tag is missing. My wife describes it as a "wrinkled old t-shirt," though I think of it as precious. You may too."

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And, here for good measure, is the original 1991 video for the song. Once, when I had the chance to chat with Andy McCluskey online, he mentioned how determined he then was to put out a video for the song which featured imagery of Louise Brooks - despite the fact that they had to pay a good deal to license the material. I love it.

 

THE LEGAL STUFF: The Louise Brooks Society™ blog is authored by Thomas Gladysz, Director of the Louise Brooks Society  (www.pandorasbox.com). Original contents copyright © 2023. Further unauthorized use prohibited.

A COMPLAINT against Etsy's intellectual property policies

The Louise Brooks Society is under attack. Over the last couple of months, a person named Michael Garcia Mujica (dba Vintage Brooks) has filed a number of complaints against me on Etsy, CafePress and even LinkTree alleging infringement of his intellectual property. 

He is doing so because in 2019 he obtained a trademark on the name "Louise Brooks," and he is using his standing as a trademark holder to get the above named websites to remove content (listings, and even links) which he feels violate his trademark. He even made the "Louise Brooks Society" (which has been in existence as a website since 1995) change its Etsy account name, as he alleged it infringed on his intellectual property rights.  Despite the fact that "Louise Brooks Society" is different from "Louise Brooks" and despite the fact that the Louise Brooks Society had 27 years of prior use, Etsy forced me to change my name or else loose my account all together. BTW, the Louise Brooks Society account at Etsy is now called LuluPandorasBox

What follows is a complaint I posted in Etsy's forums regarding their intellectual property policies and their mishandling of a recent allegation of infringement regarding an item I listed for sale on their website. It makes for interesting, if not surreal reading. (UPDATE on 12/23/2022 - someone (Etsy?) removed the entire thread, include Vintage Brooks 12/21/2022 admission that he acted in error in filing a claim against me, and, would act to have his complaint withdrawn. As of today, the box of note cards is not listed as being for sale.)

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A COMPLAINT against Etsy's intellectual property policies

Out of frustration, I am posting this complaint regarding Etsy's intellectual property policies, and the way Etsy handled my counter notice.

Here's what happened. Some months ago, I posted a 20+ year old box of notecards for sale on Etsy. These notecards were manufactured by Fotofolio, a well known postcard/notecard company. These "Hollywood Glamour" cards depicted various movie stars including Garbo, Gloria Swanson, Marilyn Monroe, etc... The box itself pictures the silent film star Louise Brooks.

About a month or so ago, this guy who gained a trademark on the name "Louise Brooks" in 2019, filed a complaint with Etsy stating that my 20 year old box of notecards violated his three year old trademark! How ridiculous - not only that such a claim was made, but also that Etsy let is stand.

This set of boxed cards came from my collection. I believe it was clear in my original listing that these were older "vintage" cards made by a third party. I also made these details clear in my counter notice. It took Etsy eight days to respond, and when they did, all I received from someone named "Charlie" in Etsy legal was a generic, one size fits all email that failed to address the points I made in my counter notice. How disappointing.

I spoke with a trademark attorney who told me that trademark could not be applied retroactively. In my opinion, it also goes against common sense.

According to Etsy policy, allegations of intellectual property infringement are supposed to be made in "good faith." In my opinion, this is a "bad faith" claim. If it was done in "good faith," then I think the claimant is ignorant of the law, and it should not stand. If was done in "bad faith," then that is an abuse, and it should not stand.

I would like to hear back from Etsy on this forum as to how they can justify what I see to be their mishandling of this situation. I am sure that other Etsy sellers would also be interested, especially those that have likewise received claims against their Louise Brooks items for sale on Etsy.

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Pictured above, the notecards at the center of the dispute. I would appreciate hearing back from any anyone else who may have suffered similarly at the hands of Vintage Brooks. What is your story?

The Louise Brooks Society blog is authored by Thomas Gladysz, Director of the Louise Brooks Society. (www.pandorasbox.com). Original contents copyright © 2022. Further unauthorized use prohibited.