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Author Topic: Using trademarked names on products?  (Read 911 times)

itisnotlogical

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Using trademarked names on products?
« on: March 30, 2014, 12:45:54 am »
Please note that I am NOT trying to advertise anything with this post. This would be a pretty terrible advertisement anyway, as I actually don't have anything to sell at this very moment. If this comes off as an advertisement, I assure you, it is not intended to be so.

I see on plenty of stores that people are selling things obviously inspired by various copyrighted and trademarked images. For example, a search for "video games" on CafePress will usually turn up plenty of Mario and Nintendo-themed products.

So, I had an idea for a mug. On the mug, it will say in block text "My other computer runs Linux" and have an image of Tux (the Linux mascot) beside the text. Assuming I created the image of Tux myself and used a free font, would there be any complications with trademarks and copyrights? There are plenty of (very popular) products on CafePress using art of Xbox 360 controllers, Super Mushrooms from Mario, etc. so if there's a difference here then I don't see it. However, I'm not a lawyer and would greatly appreciate any advice before I created a product and then got hit with any sort of legal action.
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Blargityblarg

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Re: Using trademarked names on products?
« Reply #1 on: March 30, 2014, 02:37:24 am »
...Isn't linux all open-sourcey and stuff? Is Tux even rights-reserved?

also i applaud your decision to make mugs that claim to be computers. Bravo, sir.

EDIT: Suddenly, research: http://en.wikipedia.org/wiki/Tux

Apparently it's fine, so long as you mention the guy who drew the original picture (Larry Ewing) and also plug GIMP if anyone asks you about it.
« Last Edit: March 30, 2014, 02:45:02 am by Blargityblarg »
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miauw62

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Re: Using trademarked names on products?
« Reply #2 on: March 30, 2014, 09:10:20 am »
Yeah, I'm fairly sure Torvalds isn't going to come murder you in your sleep if you use Tux on a mug :P
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LeoLeonardoIII

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Re: Using trademarked names on products?
« Reply #3 on: March 31, 2014, 06:59:35 pm »
One thing you may want to consider is that CafePress content creators might just be using the intellectual property without permission but nobody has cracked down on them yet. Presumably the lawsuit would hit CafePress and it would remove any offending material, which is how Youtube handles it.
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Remuthra

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Re: Using trademarked names on products?
« Reply #4 on: March 31, 2014, 07:01:42 pm »
Quote from: Blargityblarg on March 30, 2014, 02:37:24 am
...Isn't linux all open-sourcey and stuff?
Yep, it is.
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Muz

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Re: Using trademarked names on products?
« Reply #5 on: April 01, 2014, 03:22:02 pm »
Check out the licenses. Apparently it's CC-BY-SA license - you have to attribute the license and basically don't modify it too much. It doesn't have a NC (No Commercial) license, so you're free to make money as long as you give them credit.
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GlyphGryph

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Re: Using trademarked names on products?
« Reply #6 on: April 01, 2014, 04:46:27 pm »
Trademark law only applies in situations where there is a reasonable belief that a consumer would be fooled into thinking that you product is made by the company who owns the trademark.

Copyright is a bit more broad, and many of these products are infringing, but there's lots of exceptions to copyright for derivative works to get off the hook, especially if they are transformative or critique the original.

The copyright on Tux explicitly states you're allowed to use him without it being transformative, though, so long as you follow the license - so go ahead and do it.
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