- Report: #1124491
Report - Rebuttal - Arbitrate
Complaint Review: Jessica Radke
Jessica Radke37637 5 Mile Rd #142 Livonia, Michigan USA
CancerTees.com, Cory Allen, Randy Dunham Anti-Cancer T-Shirt Company Profits after Stealing Terminal Cancer Patient's Fundraising Original T-Shirt Design Livonia Michigan
*Author of original report: CancerTees.com: Nothing 'Straight' About Them
*REBUTTAL Individual responds: Setting the record straight
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Jeremy Radke is a 34-year-old husband and father battling a rare form of terminal cancer, Metastatic Osteosarcoma. He has had 28 rounds of chemo, a limb salvaging surgery (where all bones are replaced with titanium), a partial lung resection, and an above knee leg amputation. While any type of cancer is devastating to a family, Jeremy's family of five has been hit especially hard, having to survive on Jeremy's Social Security while caring for three children, two of which are his wife's cousins and are disabled. The couple has had to move to another state to be closer to Stanford and have even been forced to live in a non handicapped accessible home; Jeremy must go to a gym to shower. So when Jeremy's wife, Jessica, thought of selling t-shirts, she had no idea what was about to transpire.
On July 6, 2013, Jessica Radke contacted Cory Allen, co-owner of CancerTees.com, explaining her family's situation and asking for a quote on a recent t-shirt design she had made. [continued below]....
On July 15, 2013, Cory Allen responded to Jessica's designs with how much he liked them and provided a quote. Seeings how the t-shirt company was located in Michigan and the Radkes resided in California, the couple decided the cost of shirts and shipping would be too much and decided against ordering the shirts.
Flash forward to February 17, 2014. Jessica was fooling around on the internet and checking availability for certain domain names. When she entered, strongerthansarcoma.com to see if it was available, Yahoo suggested apparel with the same words being sold by CancerTees.com. Curious, Jessica decided to see if, in fact, the company had stolen her design and, to her astonishment, they had! T-shirts, sweatshirts, and hoodies all being sold with her original, and Photoshop time stamped, design. Flabbergasted, Jessica immediately e-mailed the company and received a timely response and even the removal of the merchandise within a matter of hours. HOWEVER, it wasn't until later in the day the real trouble started.
At approximately 11:00 am on February 17, 2014, Randy Dunham, CancerTees.com's VP of Marketing and PR called Jessica Radke. He explained what the company had done as far as taking down any merchandise with Jessica's original design and asked, "What other damages have you incurred?" Jessica responded, "I don't know! It depends on how much profit your company has made off of my design!" To which Mr. Dunham sneered, "So, this is all about money to you then?" Jessica said, "Absolutely." Randy Dunham then continued to tell Jessica the company had done nothing wrong as the image was not copywritten and they'd already spoken with their lawyer...as had Jessica. According to the United States Copyright Office, the image is protected under its creative law and while and official copyright notice was once mandatory, it is now optional.
Mr. Dunham then attacked Jessica for writing, "...gregarious comments on social networking sites," and would be addressed legally. In defense, Jessica Radke DID post on Facebook the injustices the company had inferred towards she and her family. What kind of anti-cancer company steals from cancer patients?! She did not name call. She did not post any untruths. She posted the facts and CancerTees.com did not like the response. On February 17, 2014 at 11:53 AM, Randy Dunham sent an e-mail apologizing for the company's 'misunderstanding' and underneath, a cease and desist order claiming Jessica characterized the company as being immoral and explained every member of the company had knowledge or a loved one affected by cancer. The e-mail's tone was insulting and demeaning.
Jessica Radke has not been compensated for the use of her design, created to help with fundraising for her husband with terminal cancer. A design stolen by an anti-cancer company who is not a 503c3 company and did, in fact, make a profit. Her design is also all over Google, Facebook, and Pinterest. She has the original image time stamped in Photoshop, all correspondance with CancerTees.com and its employees, screen shots of the merchandise being sold, as well as video of the website BEFORE they took the merchandise down.
This report was posted on Ripoff Report on 02/18/2014 12:26 PM and is a permanent record located here: http://www.ripoffreport.com/r/Jessica-Radke/Livonia-Michigan-48154/CancerTeescom-Cory-Allen-Randy-Dunham-Anti-Cancer-T-Shirt-Company-Profits-after-Steali-1124491. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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