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Jason2189

Trademark infringement in game?

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I just wanted to point out that the item in the game "Scotch Tape" is a brand name, I assume not used with permission.  I'd hate to see such a wonderful game ruined because some a-hole lawyers have nothing better to do than go after video game developers.

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I just wanted to point out that the item in the game "Scotch Tape" is a brand name, I assume not used with permission.  I'd hate to see such a wonderful game ruined because some a-hole lawyers have nothing better to do than go after video game developers.

 

The argument can be made that it's a generic trademark at this point, since it's become a common name really and based on certain markets, it could still be used.

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I'm worried because I'm using an avatar based on a Disney character. 

 

Seriously - if I mysteriously disappear one day then look for me either as a disembodied head at the Small world attraction or at Disney's technology complex at Cheyenne Mountain as a D-class prisoner forced to clean-up their genetic experiments.

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I'm worried because I'm using an avatar based on a Disney character. 

 

Seriously - if I mysteriously disappear one day then look for me either as a disembodied head at the Small world attraction or at Disney's technology complex at Cheyenne Mountain as a D-class prisoner forced to clean-up their genetic experiments.

 

Correct me if I am wrong, but copyrights laws and stuff only apply when you are using another mark, without permission, and making money with it, isn't?

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Correct me if I am wrong, but copyrights laws and stuff only apply when you are using another mark, without permission, and making money with it, isn't?

 

 

Not quite. Copyright isn't about you making money from someone else's IP, it's more about you denying them the opportunity to make money from it.

 

For example, copying media and giving it away won't make you any money, but it will allow people to access the copyright holder's material without paying, thus denying them income.

 

However Trademark is somewhat difference, and I don't particularly know much about it's scope and limitations.

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Correct me if I am wrong, but copyrights laws and stuff only apply when you are using another mark, without permission, and making money with it, isn't?

 

Not quite. Copyright isn't about you making money from someone else's IP, it's more about you denying them the opportunity to make money from it.

 

For example, copying media and giving it away won't make you any money, but it will allow people to access the copyright holder's material without paying, thus denying them income.

 

However Trademark is somewhat difference, and I don't particularly know much about it's scope and limitations.

Oh ok, I hadn't noticed it from the other point of view.

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^^

 

Yes but this is Disney we are talking about here - as soon as their lawyers find me then the ghost of Walt Disney is going to find and cut me.

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Trademark law is infringed in two ways.

 

First, if you create a product or company with a name (or a product/service) close enough to the trademark to cause a "likelihood of Confusion". EG. If i make a company called Neste that makes chocolate products Nestle would sue me (in civil court only)  for trademark infringement. It can only become a criminal case in the event of counterfeiting.

 

Second (and more important in this context), if you damage the goodwill associated with said trademark. If you made a book where the character drinks a Mountain Dew, likely nothing would come of it. Conversely, if you write a book wherein a major terroristic disease attack is spread through McDonalds' hamburgers, you are likely to be taken to court.

 

Again, this is only in Civil courts not in criminal courts. So, the usage of these products in their "designated uses" in such a way as to not damage the brand is unlikely to be taken to court. Even if it were it would be nigh impossible to prove damages to the judge.

 

There you go, legal lesson from ORMtnMan, that will be $400.

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thanks for the heads up - something we should change just to be safe even tho I suspect the likelihood of it causing us problems pretty remote.

Going to want to change bandaids then to "adhesive bandage," or something of their ilk, as well.

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thanks for the heads up - something we should change just to be safe even tho I suspect the likelihood of it causing us problems pretty remote.

Going to want to change bandaids then to "adhesive bandage," or something of their ilk, as well.

 

 

As I stated it would be very remote you would be subject to any tort from this because it would be incredibly hard to demonstrate damages caused by the references as they are in the game right now. As you said, it is better to be safe than sorry. Especially when it comes to multi-national corps.

 

If they don't like you, even if they don't have any evidence of damages, they have enough money to throw torts at you until you run out of money to pay lawyers to fight them.

 

EDIT: It also might be advisable to remove the Beretta 92 references in the 9mm pistol code if you haven't already, just to be safe.

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Second (and more important in this context), if you damage the goodwill associated with said trademark. If you made a book where the character drinks a Mountain Dew, likely nothing would come of it. Conversely, if you write a book wherein a major terroristic disease attack is spread through McDonalds' hamburgers, you are likely to be taken to court.

Does this mean scotch tape should be the best item for repairing things, rather than the worst?

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Second (and more important in this context), if you damage the goodwill associated with said trademark. If you made a book where the character drinks a Mountain Dew, likely nothing would come of it. Conversely, if you write a book wherein a major terroristic disease attack is spread through McDonalds' hamburgers, you are likely to be taken to court.

Does this mean scotch tape should be the best item for repairing things, rather than the worst?

 

Lol, it would go a long way to making them happy :)

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Duct Tape isn't a brand name :P (Though Duck Tape is)

As a young kid, I always thought adults were just slurring the K into "duct tape." Mainly because the local hardware store didn't sell the Duck stuff (hadn't seen that until around 2003 in my area of Canada).

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Duct Tape isn't a brand name :P (Though Duck Tape is)

As a young kid, I always thought adults were just slurring the K into "duct tape." Mainly because the local hardware store didn't sell the Duck stuff (hadn't seen that until around 2003 in my area of Canada).

 

 

 

I'm sure childhood EnigmaGrey consoled himself by watching Duct Tales.

 

:oops:

 

I'm here all week. Please, try the veal.

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