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DarkBASIC Professional Discussion / Trademarks

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Cescano
11
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Joined: 4th Sep 2014
Location: Italy
Posted: 15th Oct 2014 06:39
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Is it legal to use a shirt with a trademark as a texture for my game?
I made a texture using 2 photos of my shirt which has a famous trademark (nike), is it legal if i use that shirt texture for my character?
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Ortu
DBPro Master
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Joined: 21st Nov 2007
Location: Austin, TX
Posted: 15th Oct 2014 06:53
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not without their permission, no.

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Cescano
11
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Posted: 15th Oct 2014 07:53
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damnit, so i must use normal clean shirt with no details
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Ortu
DBPro Master
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Posted: 15th Oct 2014 09:45
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Or just create your own mock logo / fictional brand.

http://en.wikipedia.org/wiki/Fictional_brand

http://www.digititles.com/content/best-fake-brands-in-film-and-tv

http://www.fastcocreate.com/1681915/when-a-name-brand-just-wont-do-hollywoods-best-fake-products

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BatVink
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Joined: 4th Apr 2003
Location: Gods own County, UK
Posted: 15th Oct 2014 11:48 Edited at: 15th Oct 2014 11:48
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Here you go, problem solved...



Quidquid latine dictum sit, altum sonatur
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MrValentine
AGK Backer
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Joined: 5th Dec 2010
Playing: FFVII
Posted: 15th Oct 2014 12:32
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BatVink you legend

But that would still cause issues with those 'four letter A word' companies... unless you were a bigger company...



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bitJericho
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Joined: 9th Oct 2002
Location: United States
Posted: 16th Oct 2014 00:01
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If you did as Batvink suggested you could end up in hot water. Don't be fishy! No ripping off a trademark!

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Cescano
11
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Joined: 4th Sep 2014
Location: Italy
Posted: 16th Oct 2014 08:39
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I know i will probably just use shirts without trademarks visible or i will edit the one i have with Photoshop to remove the "nike" part, is that legal?

I mean, no "nike" will be anymore on the shirt not their symbol visible, there will just be a little draw my specific shirt has, not related directly to the trademark.

I will probably or remove "nike dunk" from the tshirt, or keep on both sides "dunk dunk", i attach here the texture to let you understand better (the image is a bit edited in Photoshop to fix light/color values and to fit on the character without artifacts)
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BatVink
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Location: Gods own County, UK
Posted: 16th Oct 2014 10:52
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Quote: "If you did as Batvink suggested you could end up in hot water. Don't be fishy! No ripping off a trademark!"


Indeed, it was only intended as a joke.

Quidquid latine dictum sit, altum sonatur
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BatVink
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Posted: 16th Oct 2014 11:00
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Quote: "I know i will probably just use shirts without trademarks visible or i will edit the one i have with Photoshop to remove the "nike" part, is that legal?"


You have to be careful with "derivative" artwork. If you take the Mona Lisa and giver her a wink, you have still taken somebody else's artwork.

Maybe use a free service like this to make a custom logo, or just create one in a graphics package.

Quidquid latine dictum sit, altum sonatur
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Cescano
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Posted: 16th Oct 2014 11:43
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Thank you for the advice i have edited the tshirt removing all text and draws, so keeping just the black base, and pasted my own logo created with LogoGarden, the result is even better than the nike one!!!
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BatVink
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23
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Joined: 4th Apr 2003
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Posted: 16th Oct 2014 11:47
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Quote: "...my own logo created with LogoGarden"


nice find! saved to favourites

Quidquid latine dictum sit, altum sonatur
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