IP rules

[Riverdog Ninetails]

Hi everyone, want some advice on IP rules.

I really enjoy making Cars in SL, so is it breaking the rules to sell a vehicle that looks like a RL one or not ?

I understand that you couldn't use brand names so for example I couldn't call it an "Audi" or use the Logo but if the car just looks like an Audi and is called something else say a "Howdy" is that allowed or not ?

The guidelines on what's acceptable don't really make things clear

"A virtual car that looks like a particular brand of cars (like Mercedes-Benz®) and uses the logo of the brand      can      be      listed only if the virtual car is officially offered or authorized by the brand owner (for example, Daimler AG)."

The key thing there for me is AND USES LOGO OF THE BRAND....which seems to suggest if I don't then its ok but then this contradicts the earlier statement in the guidelines of

"replicates or closely imitates the appearance of a real-world physical product of a brand owner (for example,      items      that replicate the appearance of brands of cars, jewelry, or shoes that are available in the real world);
    "

which would then suggest than anything that is remotely close to a RL car isn't allowed....

At the moment I've removed all my cars from sale which is a bummer as I've spent a lot of time and money buying kits on the Marketplace to sell, I also see many other successful sellers with stores full of RL cars..so what's the deal ?

 

 

[Amethyst Jetaime]

Copied directly from the official LL IP policy:

"If you're creating objects inspired by real-world objects, take care that your objects have an original appearance and shape. That's the best way to avoid trade dress issues. Be wary of imitating distinctive and recognizable product appearances. For example, the well-known appearance of the Eames lounge chair and ottoman from Herman Miller is protected under trade dress law."

I think the answer to your question is pretty cut and dried.

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Riverdog Ninetails wrote:

I also see many other successful sellers with stores full of RL cars..so what's the deal ?

 

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You have to judge for yourself if the risk is worth it.  LL won't do anything unless the owner of the IP rights files a DMCA but if you do what everyone else does and get caught, your going to face some pretty stiff SL and RL trouble to say nothing of the legal expenses and possible fines and damages you may be required to pay.  Is iy worth the risk, no youl?

[Ceera Murakami]

My own opinion is that it would be unwise to make exact replicas - logos or not. For example, the shape of a Plymouth Prowler or a HumVee is very distinctive. If you've ever seen one of either vehicle, you can tell what they are from a quarter mile away, well before you can read any logos. So no matter what you call it - you would be risking IP infringement.

The rules that LL puts forth clearly state that just changing a few letters in a product name isn't sufficent difference :

"It is often difficult to tell what may or may not be trademarked or protected as trade dress. However, use of designer logos and brand names without permission, such as Gucci, Nike, Louis Vuiton, etc., is usually not acceptable. If you don't have permission, please don't just use a misspelling of the brand name, for example, "Njke" instead of "Nike" – instead, create your own original brand name that's associated uniquely with you! "

My best advice is make cars that are original and unique, and that proudly display your own brand name, instead of copying someone else's work. People in SL love creativity. When Nissan actually had a sim in SL and was offering a free Nissan car, they found that people still preferred the creative and unique vehicles created by and for SL residents. Even though their SL Nissan could rotate it's wheels horizontal and fly, they didn't get much business at all, and I'll bet you never see a Nissan car on the roads in SL. (Mine is gathering dust in my inventory somewhere).

[Riverdog Ninetails]

Thanks everyone for the relplies, pretty much confirmed what I thought was going to be the case.

It will be an enjoyable challenge to create all original items instead of trying to replicate whats out there in RL.   SL should be about making the impossible a reality when you have no constraints upon your imagination why limit yourself to whats already been done...I doubt I'll sell many "River Motors Hamster Mk1" motor cars but hey if I ever thought I'd make a profit out of building here I'd have quit a long time ago.