Legal Ramifications of an External Company Logo in the game?

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  1. #1
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    Legal Ramifications of an External Company Logo in the game?

    So in-case you all forgot, the background for this epic boss fight scene is straight from the forum contest a month or more ago. In that thread I pointed out that GGREE might want to look into the legal ramifications of having the "Waste Management" Company Logo on the dumpster in the background. It is most definitely a Trademarked Logo, and I doubt they asked for permission.

  2. #2
    Supreme Scholar Dipstik's Avatar
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    It's fair use. You're allowed to use intellectual property in art, just like a movie can show someone drinking a coke without asking permission.
    Quote Originally Posted by murf View Post
    Dippy, may be a little harsh in this thread, but he's right...
    Still mad at Bostick.

    I'll be back when the moderation is reasonable. Enjoy the forum you created, Gree.

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    Quote Originally Posted by Dipstik View Post
    It's fair use. You're allowed to use intellectual property in art, just like a movie can show someone drinking a coke without asking permission.
    That is incorrect. It is the company's right to allow or deny use of their logo. It is the reason that other crime based games such as Grand Theft Auto doesn't have real makes of cars in it. The car companies would not allow them to use their logos in a crime based game.

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    Consistent Contributor Ciara's Avatar
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    Quote Originally Posted by Dipstik View Post
    It's fair use. You're allowed to use intellectual property in art, just like a movie can show someone drinking a coke without asking permission.
    There are restrictions, aren't there though, on the use of intellectual property in art? It's not a free-for-all.

    As for trademark fair use, which is different to copyright fair use, association with a commercial game could easily fall foul of the doctrine. Its use doesn't seem to fit into any of the descriptive, normative, educational or transformative defences. Nor does it qualify under the most generous grounds for defence, that of non-commercial use. (And for all its claims of being a free app, CC is a commercial enterprise.)

    Aside from that, I doubt anyone drinks coke in a movie without a product placement agreement. Coca Cola are too canny for that. Lol.
    Last edited by Ciara; 06-23-2014 at 06:25 PM. Reason: Superfluous apostrophe. ;)

  5. #5
    Verbose Veteran namedud's Avatar
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    Why not write a letter to Waste Management and bring this to their attention. Either nothing will happen, which is likely, or Waste Management takes legal action against Gree (IMO, unlikely).

    The rest of this discussion really belongs in off topic though (aka thread graveyard).

  6. #6
    Supreme Scholar Dipstik's Avatar
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    there are restrictions, and I'm not an IP lawyer, but the restrictions are mostly based upon whether the use of the trademark could cause confusion among consumers or whether there's an attempt to profit off the brand established by the trademark holder. Drawing a picture of a green dumpster with a WM on it in a city landscape is just fine.
    Quote Originally Posted by murf View Post
    Dippy, may be a little harsh in this thread, but he's right...
    Still mad at Bostick.

    I'll be back when the moderation is reasonable. Enjoy the forum you created, Gree.

  7. #7
    Prominent Poet Rookeye's Avatar
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    Quote Originally Posted by Dipstik View Post
    there are restrictions, and I'm not an IP lawyer, but the restrictions are mostly based upon whether the use of the trademark could cause confusion among consumers or whether there's an attempt to profit off the brand established by the trademark holder. Drawing a picture of a green dumpster with a WM on it in a city landscape is just fine.
    It might depend how prominent the trademarked item is in the background, and how well known. (E.g., M&Ms/Mars refused to let Steven Spielberg to use their candies in the movie E.T.; Reese's Pieces was NOT his first choice, but he wasn't allowed to use M&Ms.)


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  8. #8
    Supreme Scholar Dipstik's Avatar
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    I saw that yahoo story too. I suspect it was less to do with "wouldn't allow" and more about "wouldn't pay for."
    Quote Originally Posted by murf View Post
    Dippy, may be a little harsh in this thread, but he's right...
    Still mad at Bostick.

    I'll be back when the moderation is reasonable. Enjoy the forum you created, Gree.

  9. #9
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    Quote Originally Posted by Dipstik View Post
    I saw that yahoo story too. I suspect it was less to do with "wouldn't allow" and more about "wouldn't pay for."
    I haven't been on in a week and your still posting, ha…smh

  10. #10
    Supreme Scholar Dipstik's Avatar
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    Quote Originally Posted by I love tacos View Post
    I haven't been on in a week and your still posting, ha…smh
    Who are you?
    Quote Originally Posted by murf View Post
    Dippy, may be a little harsh in this thread, but he's right...
    Still mad at Bostick.

    I'll be back when the moderation is reasonable. Enjoy the forum you created, Gree.

  11. #11
    Prominent Poet Rookeye's Avatar
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    Quote Originally Posted by Dipstik View Post
    Who are you?


    * "No one of consequence."
    * "I am no one to be trifled with."

    Take your pick. (He's not left-handed either...just so you know.)


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  12. #12
    Prominent Poet Rookeye's Avatar
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    ?? I'm an old bean. It* was news when it happened, long before yahoo was a going concern.


    * the whole Reese's thing. If you google "Reese's Spielberg", you'll see it repeated ad infinitum, ad nauseum. It's a very old story.
    Last edited by Rookeye; 06-23-2014 at 07:03 PM.


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  13. #13
    anyone else notice that the snack attack is an actual place?

  14. #14
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    There has been the same dam dumpster for sale for years under decorations. Why is it such an issue to you know? Lol

  15. #15
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    Quote Originally Posted by HavingFun View Post
    There has been the same dam dumpster for sale for years under decorations. Why is it such an issue to you know? Lol
    Check yourself Homie. The in game decoration is a green dumpster with an indisguishable logo even at full zoom. I am merely warning Gree of a possible trademark/copyright infringement.

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