There was another dust up this week on Checker World. An ICTA Member posted his 1967 Checker Marathon for sale on Facebook Checker World. Shortly after posting,  the advertisement was deleted by the FB admin.  After the deletion,  several CW members challenged the action and clearly some feathers got ruffled.  Here’s a link to the advertisement.

The explanation from Jim Garrison was generated in a series of posts on Facebook groups and text messages.

According to Jim Garrison  “We, Checker World are under legal restrictions regarding anything to do with ICTA. We can not post things related to that FB site.” He went on to say, “We don’t generate the drama, but we had to defend the CCCofA trademark claim or else lose a 35 year old club”

John Weinhoeft also message to Smith, “Again, sorry the club is under a legal agreement on certain things”

There seems to be some a significant misunderstanding.  For the record, there is no, I repeat no legal agreement between the ICTA and the CCCofA regarding ICTA blogs, articles or member advertisements and the posting of shared links on Facebook Checker World.  Link sharing is totally acceptable and is not restricted by any legal agreement.

We at the ICTA encourage all cross link posting of blogs and advertisements from all internet sources.  We want to share all Checker information, whether it comes from our free archive or our blog library that contains well over 400 Checker blogs.

The ICTA holds no copyright on the deleted content.  The advertising at issue was based on the written work of Daniel Smith.  All photography was created by Dan too.  The advertisement was merely on the ICTA website “Checkers for sale” tab.  Advertisements for Checkers for sale on the ICTA website are the IP of the seller, not the ICTA.  We make no claims to seller advertising copy or photographs.

Logically thinking,   if Checker advertisements from Facebook Marketplace, Ebay, Craig’s List are regularly posted into the Checker World Facebook groups,  why would there be any difference between the ICTA “For Sale” listings?

Additionally, with respect to Garrison’s response,   this writer needs to set the record straight regarding who sued who.

For the record. This writer, Joe Fay was sued by the CCCofA,  I was the defendant,  Mr. Garrison and the CCCofA initiated the lawsuit and was therefore the claimant,  not the defendant as described in the texts and posts.   I did not sue the CCCofA,  they sued me.

As a defendant,  I had to defend my registered trademark:  “The Checker Cab Club”.   The CCCofA did not even own a registered trademark in 2017 to defend.    I had been using that mark for over ten years,  here is a public record link to the trademark that I had to defend.

http://tsdr.uspto.gov/#caseNumber=86847145&caseType=SERIAL_NO&searchType=documentSearch

With respect to saving a club, again the claimant,  Jim Garrison and the CCCofA tried to shut down the ICTA via an emergency injunction in Federal Court.  Had Mr. Garrison been successful, the ICTA would have been shut down and destroyed.  At the time we had about 800 members, all would have lost access to Checker fellowship and community.  Our club would have vanished by the actions of the CCCofA and Jim Garrison.

All content, thousands of pictures, posts and Facebook history would have been lost.   The donated files of the Markin family,  John Logan, Steve Wilson and Ben Merkel would have been removed forever.   Mr. Garrison was not saving his club, he was trying to shut down the ICTA. Close to $40,000.00 was spent in an effort to defend and save the ICTA. See the attached link to the public record.

https://www.govinfo.gov/app/details/USCOURTS-ilnd-1_17-cv-01865/USCOURTS-ilnd-1_17-cv-01865-0

Facebook Checker World belongs to the CCCofA  and they can manage it however they want, we totally support active management of content.  The CCCofA has every right to delete content on their Checker World Facebook page,  let’s just make sure that the deletion based on policy, not based on some idea of an artificial fake legal agreement?

We have never litigated over our ICTA content nor have we ever made a complaint about an ICTA blog or advertising content being posted in any Facebook group.   Our current blogs and advertising has never been challenged or the subject of legal review.

Another point regarding ICTA content,  the CCCofA messaging above is not consistent with the facts.   In fact,  the CCCofA currently sells access to over 20 ICTA copyrighted articles in their paid-for-access archive.  The following copyrighted material is owned by me, Joe Fay dba the ICTA, yet can be found on the CCCofA web site Checker World.

• Where’s Checker Girl?
  

  ICTA Content currently on Checker World

• Checker Girl Update
• Ypsilanti Orphan Car Show
• Checker Motors Closed 1922 – 2009
• Miss Checker Found!
• 1982 Checker with only 35 Miles Uncovered!
• A Watershed Taxi: The 1939 Model A
• The Great A2 Find in Finland
• Checker A9, Best Taxi for 1959
• The Rare Checker A8
• Tom Tjaada and the Ghia Centurian
• Update Checker and the Consumer Market
• Pre-1960 Checker Survivors
• The Checker That Almost Was
• 1968 Ghia Checker?
• The Checker Wagon (A Darned Good Wagon)
• Members Speak Out
• Making Rare Checker Parts
• Rolls Royce Checker on eBay?
• I am Ready for my Close Up

Here is a link to the CCCofA website if interested in buying access to my content. That said, most of these articles are available free on the ICTA blogs.

https://www.checkerworld.org/

Ed Fox post in Facebook Checker World, Fay Copyrighted Photos

Beyond my copyrighted articles, Facebook Checker World also contains a full photo album spotlighting the ICTA 2016 show at Auburn. Jim Garrison attended the show, perhaps he’s not aware of the ICTA photo albums and the acknowledgement of my copyrights on his own Facebook page that he admins?

In summary, we totally support cross linking an look forward to partnering with the CCCofA on links in the future.  There are no legal requirements barring the CCCofA from allowing posting of ICTA content.  ICTA content exists on the CCCofA Checker website and in Facebook Checker World.  If the CCCofA chooses to delete content, it is solely a policy issue, but not a legal issue.