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Youngin Bing
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From LL themselves: 

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Linden Lab responds to complaints that content infringes trademarked or celebrity material. Trademarked material includes trademarked logos, trademarked brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.

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!

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.

 

 

1. The name of my brand is completely different than "Funko POP! " my store is named "BOOM! Figures" . Am I right or wrong here? (not trying to be a dick, i'm just asking.)

2.  My objects/figures are inspired by real world objects, yes. However, the creator does change some little things that prevents it from being an exact copy.

3. Do you know Donkey Kong and King Kong? They had a legal battle back in the day because of this same issue. However, there were differences which allowed them to continue.

 

I am not trying to be a dick or anything and if that's how its coming out to be, I apologize. All that I am saying is that for those of you who have been around Second Life and actually Real Life, know that 99% of things in Second Life are taken from inspirations from real life objects with anywhere from minor changes to bigger changes. 

 

Take the store Garbaggio for example, they have similar character figures that resemble real life ones from movies, tv shows, video games etc but they make minor adjustments to avoid copyright. Stores like 

Chris Two Designs that sell "MYPhone 12 Pro Max" is supposed to be like the iPhone with minor changes to their phones. That is all that i am trying to explain. Hey, if you are a person in Second Life who only buys 100% Original Objects/content from the maybe 1% creators that are that talented then by all means, judge me and all the other stores. However, if you yourself are purchasing products in game the resemble real life objects but have minor changes to the object itself and the branding, then please don't choose who you want to try to take down and who you choose to support.

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I believe most of Disney is copyrighted, trademarked and/ or licensed in some way.  As @Quistessasaid, most phones look the same so hardly something that could be trademarked.  The inner workings, of course but since SL phones don't actually have any, unless they call it an iPhone, it's within the rules.

Yes, there are a lot of people who disregard the rules.  Not much anyone of us can do about that since we don't own the rights.  But coming into the forums and asking for someone to help you break the rules?  Don't get upset with people because you don't like those rules.

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1 minute ago, Youngin Bing said:

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.

So there you have it.  Thanks for looking it up.

Your object looks almost exactly like Disney's.

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Just now, Rowan Amore said:

Also, here is a list of what Apple has trademarks on...I don't see the appearance of a camera listed unless I missed it.

https://www.apple.com/legal/intellectual-property/trademark/appletmlist.html

Okay Rowan maybe the iphone doesnt but do you see my point? You know that tattoo artists have rights to their drawing yet people upload them to second life and sell the tattoos and i mean big tattoo stores? Really quick though, have you played monopoly on sl? maybe life? maybe connect four? any of these games

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21 minutes ago, Youngin Bing said:

Okay Rowan maybe the iphone doesnt but do you see my point? You know that tattoo artists have rights to their drawing yet people upload them to second life and sell the tattoos and i mean big tattoo stores? Really quick though, have you played monopoly on sl? maybe life? maybe connect four? any of these games

No, I haven't played those games in SL.  I don't play games at all in here.  I also try not to purchase from creators who blatantly use RL logos and such.  It's wrong.  But again, we as consumers can't do much besides not purchase the items.  I see Chanel items, LV items and logo on things all the time.  Unless those RL companies file a take down, people will continue to do so.  It is still wrong and against the rules.  We can't flag items on the MP that infringe on a RL company's trademark or license.

I also don't wear tattoos for the same reason once I found out a couple years ago most were doing just what you described.  I have one small tat personally made for me.

In the end, you will do what you want.  Nothing anyone says here will change that.

Edited by Rowan Amore
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8 hours ago, Youngin Bing said:

99% of things in Second Life are taken from inspirations from real life objects with anywhere from minor changes to bigger changes. 

Taking inspiration from "real life" objects isn't the issue. Bananas, Skulls and other generic objects are perfectly fine and legal (and common) What's not so legal is taking something directly assosiated with a particular copyright-holder (like a tie-fighter or klingon, or what have you) and trying to gain traffic based on a false association.

Yes, sometimes people do illegal things. Yes sometimes other people participate knowingly or unknowingly by buying their products, and Yes, maybe it's not "moral" that giant corporations can use loopholes or whatever to retain rights on certain properties for way too long. All of that is irrelevant to the point at hand which is that what you're wanting to do is illegal, or at least way too close to the line for almost any rational person to want to back you.

For anyone curious and in good faith, a good primer on copyright law:

 

Edited by Quistessa
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If you had maybe done something on your own, meshes say some fan art in a way. But really you haven't even done that. The models you are using are freely available for download on 3D printing sites for people's own uses and enjoyment and not to sell as your creations in a virtual world. That is besides the blatant copyright infringement of course. 

And in that mesh upload quiz that we used to have to do to be able to upload meshes at all it does quite clearly state that if it looks like something that is under copyright, even with changes, then don't do it. It is pretty simple. And the fact that there are some other things on the MP that fall under this is due to them maybe not having been discovered or reported. 

Your question was however for an investment into your business. To pay a mesher and so on. (Free models of a 3D printing site... ) and my advise was to rethink and legitimise your business model before you seek partners. So whatever your reasons are that you think what you are doing is ok, I don't think you will find someone to go into business with like that. 

If vinyl figures are your passion, make your own. Be creative and use your imagination. 

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  • Lindens

Hey y'all!

I'm going to have to go ahead and close this thread because it has gone very much off-topic, and this is not the appropriate forum or venue for the discussion it has become.

Please remember that commentary needs to remain directly relevant to both the original Topic of the thread and the forum that it's in. Here are those guidelines again: https://community.secondlife.com/forums/topic/403538-community-participation-guidelines/

Thanks!

giphy.gif

 

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