Crossing the copyright line….

[Captain Fabulous]

1 hour ago, Dugunthi said:

The fundamental issue in the above example is that something as ordinary and commonplace as simply "Apple" can be trademarked at all.

Yes, but trademark encompasses the name, logo, and market. So it was music company Apple Corps with an apple logo going after computer company Apple Computer with an apple logo, with the settlement agreeing that neither company would dip into each others' markets. And that's the thing with trademarks, you gotta enforce them or lose them.

[Grouchybeast]

1 hour ago, Snarky said:

Its called owning the government, or enough people in it to get your way

 

Trademarks do solve a real problem, though.  When you go to the store, you want to know that the pint bag of Cannula's Oh-So-Positive^TM that you buy really is freshly harvested human blood, and not from a company that ripped off that distinctive silver-and-black graveyard Cannula branding to sell you frozen horse blood flavoured with artificial essence of people, right?

[Captain Fabulous]

13 minutes ago, Grouchybeast said:

 

Trademarks do solve a real problem, though.  When you go to the store, you want to know that the pint bag of Cannula's Oh-So-Positive^TM that you buy really is freshly harvested human blood, and not from a company that ripped off that distinctive silver-and-black graveyard Cannula branding to sell you frozen horse blood flavoured with artificial essence of people, right?

#truth

[Troo]

Name - Costume - Story

 

Feel free to do one but two crosses the line. (note: outright copies of a single element may result in undesired action)

If we do one and try to be all smartypants about a second Generic### thy name shall be.

 

Pretty simple.

[Herah]

On 1/4/2023 at 10:14 PM, TheZag said:

CopyrightInfringementMan !!

 

I knew I'd see him here eventually.

 

On 1/5/2023 at 12:56 PM, TheZag said:

Entities that believe their property is being infringed on are almost required to sue in order to prove the property hasnt been abandoned

 

All your faceplants are belong to me. They're mine. Seriously. Stop it.

 

On 1/7/2023 at 11:33 PM, Dryfter said:

Homage toons that don't cross "The line" are great.

 

I love to make parody/homage toons. I made a duck-ish version of Matlock, called Murder I Quacked. a parody of Flea from the Chili Peppers, an homage to Odd Jobs, a total homage to Boy George circa 1980's, and a general parody of everyday life. But I always straight up avoid using the name right out of the gate. I don't need to make anyone's role more difficult than it needs to be. Not when I have perfectly terrible names waiting to be used. (AT and powers TBD)

[biostem]

9 hours ago, Grouchybeast said:

Trademarks do solve a real problem, though.  When you go to the store, you want to know that the pint bag of Cannula's Oh-So-Positive^TM that you buy really is freshly harvested human blood, and not from a company that ripped off that distinctive silver-and-black graveyard Cannula branding to sell you frozen horse blood flavoured with artificial essence of people, right?

Unfortunately, a company could name themselves "Untainted Organic Blood" and put that on their label, even if none of it was true...

Edited January 11, 2023 by biostem

[UltraAlt]

16 hours ago, Dugunthi said:

The fundamental issue in the above example is that something as ordinary and commonplace as simply "Apple" can be trademarked at all.

 

You can't copyright mythological characters.

 

There is no copyright on Thor. Marvel's "Thor" is "The Mighty Thor".

 

"However, unlike most Marvel characters, Thor is a mythological figure, and as such, he's public domain. In order to trademark their version, Marvel has named the character The Mighty Thor.Feb 10, 2020" - https://screenrant.com/the-mighty-thor-legal-name-marvel/#:~:text=However%2C unlike most Marvel characters,the character The Mighty Thor.

[Grouchybeast]

7 hours ago, biostem said:

Unfortunately, a company could name themselves "Untainted Organic Blood" and put that on their label, even if none of it was true...

 

I think that would be covered by laws on deceptive advertising, though.  People try silly lawsuits over that (like trying to sue because Froot Loops are not actually made of fruit) but the laws exist.  Plus, depending on jurisdiction, there might be laws about using specific terms like 'organic'.  In the UK, at least 95% of the contents of Untainted Organic Blood would have to come from organically farmed humans, or be certified as meeting organic standards, and if it wasn't then you're breaking the law.  That specifically includes brand names using the word organic, too.

 

Of course, vampires could bypass the courts and just murder the producers for lying to them, which is also a pretty effective deterrent.

[tidge]

8 hours ago, biostem said:

Unfortunately, a company could name themselves "Untainted Organic Blood" and put that on their label, even if none of it was true...

 

That would run afoul of Pharma/Biologic regulations in the USA and Europe.

[UltraAlt]

3 hours ago, Grouchybeast said:

Of course, vampires could bypass the courts and just murder the producers for lying to them, which is also a pretty effective deterrent.

 

 

[Snarky]

3 hours ago, Grouchybeast said:

 

Of course, vampires could bypass the courts and just murder the producers for lying to them, which is also a pretty effective deterrent.

Redside. Best side

[Captain Fabulous]

9 hours ago, UltraAlt said:

 

You can't copyright mythological characters.

 

There is no copyright on Thor. Marvel's "Thor" is "The Mighty Thor".

 

"However, unlike most Marvel characters, Thor is a mythological figure, and as such, he's public domain. In order to trademark their version, Marvel has named the character The Mighty Thor.Feb 10, 2020" - https://screenrant.com/the-mighty-thor-legal-name-marvel/#:~:text=However%2C unlike most Marvel characters,the character The Mighty Thor.
 

The author of the article doesn't seem to fully understand the concept of trademark. "The Mighty Thor" was the name of Marvel's publication, and that's what was trademarked, not the character. Marvel has a copyright on their version of Thor, but that doesn't stop anyone from creating or using a Thor character as long as it doesn't look anything like Marvel's (the mythological Thor is a bearded ginger).

You can copyright your own interpretation of mythological characters.

Edited January 11, 2023 by Captain Fabulous

[UltraAlt]

17 minutes ago, Captain Fabulous said:

The author of the article doesn't seem to fully understand the concept of trademark.

 

Do you see how many threads Snarky starts?

Think about it for a minute.

[Herotu]

9 hours ago, UltraAlt said:

 

You can't copyright mythological characters.

 

It's only a matter of time.

 

Let's remember, someone invented them.

[Captain Fabulous]

9 minutes ago, Herotu said:

It's only a matter of time.

 

Let's remember, someone invented them.

You can in fact copyright your own unique interpretation of mythological characters. Which is why Marvel's Thor looks nothing like the mythological Norse version. DC has their own version of Thor (who looks very different from Marvel's) and is also copyrighted.

[Snarky]

30 minutes ago, UltraAlt said:

 

Do you see how many threads Snarky starts?

Think about it for a minute.

Yeah….hmmmm

 

So, shock to some of you but I have not studied law.   Yet I am pretty sure I have broken a few….

 

I was (and am still) somewhat unclear on copyright, trademark, copymark, traderight, and the origins of power.   
 

The thread was more or less “oh shhhb that is wrong”.  I do appreciate a lively discussion.  Int the future I will report and let the Giant Monsters handle the details 

[Excraft]

Just report it and take comfort in knowing you probably saved legions of anal retentive types cowering in fear from having a coronary.

[Captain Fabulous]

1 hour ago, Snarky said:

I was (and am still) somewhat unclear on copyright, trademark, copymark, traderight, and the origins of power.   

Copyright is protection for unique creative works from being used without permission. It has a fixed duration. Examples of things that can be copyrighted: art, music, literature, movies, images.

Trademark is protection specifically applied to naming and branding as to not cause customer confusion between competing companies and/or products. They can be renewed in perpetuity every 10 years but must be continually used and enforced. Examples of things that can be trademarked: Unique product names, periodical/book/movie titles, logos, slogans.

Copymark is what I apply to my boyfriend after a night of hot sweaty sex.

Traderight is a new type of crossfit.

Edited January 11, 2023 by Captain Fabulous

[Top Gear]

Once again the most inane and irrelevant garners the greatest attention.

[Snarky]

10 minutes ago, Top Gear said:

Once again the most inane and irrelevant garners the greatest attention.

Thats how i build my empire

[lemming]

4 hours ago, UltraAlt said:

 

Oh yea, that's on my wish list to pick up.

[lemming]

1 hour ago, Snarky said:

 In the future I will report and let the Giant Monsters handle the details 

Rawr

[0th Power]

Sally is a graboid now?

[biostem]

8 hours ago, tidge said:

That would run afoul of Pharma/Biologic regulations in the USA and Europe.

Yes, you're right in that specific example.  My larger point was that a company could call themselves something that implies the source or quality of their product, without said adjectives actually applying to the product in question...

[Rishidian]

3 hours ago, Top Gear said:

Once again the most inane and irrelevant garners the greatest attention.

It's all fun and games until Disney sends their Pitbull lawyers to shut the game down for something that is completely avoidable - with the slight price of someone getting their butt hurt/genericized.

 

It's not like it was on Live, when NCSoft was making money and Marvel sued them for copyright infringement.  Ain't nobody making money on this now, so that isn't a factor.  It also doesn't take much evacuate the City.  Just one person/company to bring a lawsuit up would probably do it, since Homecoming isn't making money on the game, and probably doesn't have the lawyers to fight it.

 

I don't care if it's inane, nor do I care if you find it irrelevant.  If it keeps the City Lights on, then it needs the greatest attention.

 

When in doubt, report it.  Let the Giant Monsters sort it out.   Probably no harm done, but may help prolong the City.