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Daniel Lynch moving to stop sales ad piracy

By Clint Engel -- Furniture Today, May 26, 2003

Daniel Lynch Sales, faced with a growing number of retailers that it says are swiping its intellectual property, is taking steps to monitor the problem and get the word out on copyright infringement and the possible penalties.

"Nearly once a week — sometimes more — we will receive via fax usually advertisements that are running in areas where we have done sales before," said Chris Lynch, Daniel Lynch co-chief executive officer, who works out of its Miami branch office.

Lynch, which coordinates special sales and going-out-of-business promotions for the furniture industry, usually gets the ads from former clients who have paid for the company's services but find out that a competitor has pirated the materials for its own use.

Chris Lynch said intellectual property laws are complicated, and many retailers don't realize they are violating them. The company issued a press release to raise awareness about which actions are illegal, such as using wording that's the same as that developed by Lynch.

"In many cases, they do copy word for word," he said. Days after a Lynch sale, he said, the pirated ads may show up in a local newspaper.

"By that time, we ask them to cease and desist, and everybody does," he said. "Nobody has ever fought us on it."

Lynch wouldn't name the alleged offenders, but said they have been both large chains and mom-and-pop operations. Most cases are settled before they go to court, some by simply getting the violator to sign a letter agreeing not to do it again. Others have paid damages — a percentage based on what Lynch would have charged had it been involved in the sales event.

Lynch said piracy has been a problem for about 10 years and is getting worse, leading the company to more diligently monitor markets where it has conducted events.

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