Couldn’t have done it without you..

Hi This is Max Jackson,

First of all I want to thank you all, for the overwhelming support in this very stressful Federal Lawsuit against me for my photographic rights trademark infringement… you are all AWESOME!

Thanks to so many friends, family and photogs, this ordeal has ended in a settlement that is ”mutually beneficial to both TCR and http://www.maxxsphotography.com

With funds from the settlement I will be able to start the formation of a 501c3 charity to aid and assist other artists to protect the rights of other photographers and artistic works; with a goal of avoiding the US Courts. 

If you contribute to this $50,000 goal, from today 2/21/2014 forward the funds will be contributed to the formation of and sustaing the new 501c3 Charity. 

The aid that you have provided when The Color Run Sued Me was overwhelming. I wish to PAY IT FORWARD!  

Q- Can you post the original filing of the case?

This is H-28 of The Color Run’s Trademark Case against me:

28. It has recently come to The Color Run’s attention that, Jackson has represented on his Facebook page that he is or has been employed by The Color Run. See Facebook Screen Shot, attached as Ex. B. Jackson’s representation is false. Jackson has never been employed by The Color Run.

Check out the first paragraph last line, in this  excerpt from Travis Lyman Snyder’s official response to public outcry:

“I wanted to respond personally to this matter. As the founder of The Color Run, I’ve had the opportunity to work with many successful creative partnerships of all sizes, including amazing photographers. I respect their ability to capture the essence of our event and fully believe that they deserve attribution for their work to showcase their talents. This issue with Max is a single anomaly and quite frankly makes me sad. Max first came to shoot The Color Run because we granted his school class non-commercial access to come shoot the race in Miami where the photos in question were taken. After this, Max actually ended up working our events over the next year as a non-photographer and traveling and setting up with our traveling teams.”

And after this line you think that this sounds silly…well the rest of the case pretty much reads the same way.  What is your Facebook job status?  Should you have had to get permission from your company to say that you work there?

Download entire original filing: 2013-08-28 (3) Report on the Filing or Determination of an Action Regarding a Patent or Trademark-1 (2)

 

Photo by: Sean Webster ( Website )1274894_751745894841016_1164874736_o

Q -and then tripled the amount after they tried to come to an agreement with you? Are you kidding?

Q -and then tripled the amount after they tried to come to an agreement with you? Are you kidding?

A-Yes I did, after I was ready to settle and have settlement paperwork sent out to The Color Run, I was contacted by Michael Ward of The Color Run and he told me that they would not be able to offer the 60 days on bottom of their website which he had previously agreed.  At that point I stated that I was no longer comfortable with this settlement offer and that I would have to think about it.  
Michael, knowing that my major concern here was the recognition I was promised in the joint venture of the original contract and license of the photos, knew that throwing money at me was not going to fix the fact millions of my images were reproduced in print and electronically.  
I was told that I had until mid day the next day to accept their offer of $30,000 and a social media shoutout.  And there would be no way to insure the photos would be used correctly in the future.  When this was said, I would bet Michael was able to hear it in my breath, that this was not going to work. When in fact all of this was about the contract they entered into to help grow my photography business as I was able to help them spread my happy photos around the world twice over.
Later that day I was served with a lawsuit from another firm (Stoel Rives) at the instruction of Travis Lyman Snyder to sue me for trademark infringement saying I never worked for them, when I posted on Facebook that I did indeed work @ The Color Run.  I was told that I had until mid day the next day to accept their offer of $30,000 and a social media shoutout.
 
In these case documents Stoel requested that the judge grant The Color Run 3 times the amount of money I generated by wrongfully using The Color Run’s Trademark in my Facebook employment status?  So I figured that was the craziest thing I had ever read because I was not making anything but the check they were writing me to set up and break down everts and going to school.  If I was now going to invest the next 3 or 4 years defending a trademark case and pursuing a contract and copyright case I need to up the # because right now I am doing this when I should be studying for midterms.
The $300,000 comes from that (3x) figure applied towards my original settlement offer, because after The Color Run used my photos worldwide, they sued me when I would not take their money.  As well as the case filing saying that The Color Run had “fair use” of my photos, requesting that the court rule that they should be the owners of the copyright to my photos.  I needed to make clear that money was never the goal, knowing well and good that dollars and cents are the only languages that huge corporations speak.
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Very serious questions have been asked of me that I think deserve answers

Q -Dude you actually demanded they pay you $100,000 plus making you a permanent photography sponsor and then tripled the amount after they tried to come to an agreement with you?

A- $100,000 as an opening negotiating position was a number that was sure to get somebodys attention, and that is why it was written.  It was also after doing much research on the internet learning how this type of case in a courtroom cost both sides potentially millions of dollars and many years. From the beginning I expressed not wanting to take this beyond handling it man to man between myself and the founder Travis Lyman Snyder. http://thecolorrunsuedme.wordpress.com/2014/02/15/my-original-letter-to-travis-snyder/

It succeeded in getting their attention and we negotiated with a wonderful attorney Michael Ward of The Color Run.  The negotiations brought the finance part down to $30,000 paid to me for lost visibility.  60 days with my logo on The Color Run’s footer of its sites which Ward offered as well as continuing work with the company, and a shout out on social media, with their suggestion of saying I took the “Photo of the Year”, and a couple of plaques of the pictures so we could all laugh out loud when we grew older and see how much time effort and money was saved.

More Q&A will be posted tomorrow, until then it is time to study for my mid-terms.

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