Who owns a colorway?

[baldgye]

I can't workout which is better, the wikipedia lawyers or Mito, this thread should be stickied in off topic

[HoffmanMyster]

I can't workout which is better, the wikipedia lawyers or Mito, this thread should be stickied in off topic

Some day, I hope to be a Wikipedia MiTo.

[beehatch]

I'm seeing a whole lot of ego stroking and not much actual discussion here.

Because you see only what you want too see. I don't personally like the keyset for many reasons, despite of what you think and I won't waste my time explaining to you why.

Ego? I made a goddamn keyset, what's the big ****ing deal about it? I assembled colorful pieces of plastic together with a logo made by Nico and icons made by myself. What a great genius I am right?

I hope the French government buy a Pulse set and hang it on Louvre since I'm indeed a genius, a godlike creator of masterpieces. I'm coming to the conclusion that I deserve a spotlight in this community and perhaps even a moderation spot, since I'm such a great individual, an uttermost gifted and godlike visionary. Just imagine what Leonardo DaVinci, Picasso and even Abraham Lincoln would think if they ever had the chance to witness the greatness of the set? Too bad they are gone, because the Pulse keyset could have been the reason to a completely different and much better human society. If our ancestors had the chance to witness such a great set they could perhaps have invented the wheel on a much more functional shape. Even the flame of a fire would be cyan and black instead of the original color, if the electrons had the chance to spin around a Pulse set when the universe was created. Too bad it wasn't the case.

Give me a break dude. Go read what I said instead of what you think I said and give me a break.

autism in action

[whmeltonjr]

Sooooo who wants to help me get Eslup (my new keyset I'm designing) going? Thinking black and cyan would be a cool color scheme. Thoughts?

[HoffmanMyster]

Sooooo who wants to help me get Eslup (my new keyset I'm designing) going? Thinking black and cyan would be a cool color scheme. Thoughts?

I think I heard of a few others that were considering that color scheme (what a coincidence!).  Might be worth coordinating with them?

[whmeltonjr]

Sooooo who wants to help me get Eslup (my new keyset I'm designing) going? Thinking black and cyan would be a cool color scheme. Thoughts?

I think I heard of a few others that were considering that color scheme (what a coincidence!).  Might be worth coordinating with them?

Only if they want to call it Eslup

[baldgye]

Sooooo who wants to help me get Eslup (my new keyset I'm designing) going? Thinking black and cyan would be a cool color scheme. Thoughts?

I prefer the idea of my keyset; black and cyan with cyan mods, black alphas. gona call it Autism and do it through massdrop so i can reach all the poor Brazilians

[absyrd]

Sooooo who wants to help me get Eslup (my new keyset I'm designing) going? Thinking black and cyan would be a cool color scheme. Thoughts?

Sifo is running it.

I am currently designing a novelty key for backspace and the legend will read "oMiT".

ubai?

[beehatch]

Sooooo who wants to help me get Eslup (my new keyset I'm designing) going? Thinking black and cyan would be a cool color scheme. Thoughts?

I prefer the idea of my keyset; black and cyan with cyan mods, black alphas. gona call it Autism and do it through massdrop so i can reach all the poor Brazilians

LOOOOOOOOOOOOOOL

[whmeltonjr]

Sooooo who wants to help me get Eslup (my new keyset I'm designing) going? Thinking black and cyan would be a cool color scheme. Thoughts?

I prefer the idea of my keyset; black and cyan with cyan mods, black alphas. gona call it Autism and do it through massdrop so i can reach all the poor Brazilians

This works too

[baldgye]

Sooooo who wants to help me get Eslup (my new keyset I'm designing) going? Thinking black and cyan would be a cool color scheme. Thoughts?

Sifo is running it.

I am currently designing a novelty key for backspace and the legend will read "oMiT".

ubai?

mate ive got a link to these photoshop brushes im sure you can use in your set, dont worry about credditing anyone tho

[whmeltonjr]

Sooooo who wants to help me get Eslup (my new keyset I'm designing) going? Thinking black and cyan would be a cool color scheme. Thoughts?

Sifo is running it.

I am currently designing a novelty key for backspace and the legend will read "oMiT".

ubai?

Ibai

[absyrd]

Sooooo who wants to help me get Eslup (my new keyset I'm designing) going? Thinking black and cyan would be a cool color scheme. Thoughts?

Sifo is running it.

I am currently designing a novelty key for backspace and the legend will read "oMiT".

ubai?

mate ive got a link to these photoshop brushes im sure you can use in your set, dont worry about credditing anyone tho

Thank you!

oMiT will become a reality!

[baldgye]

Sooooo who wants to help me get Eslup (my new keyset I'm designing) going? Thinking black and cyan would be a cool color scheme. Thoughts?

Sifo is running it.

I am currently designing a novelty key for backspace and the legend will read "oMiT".

ubai?

mate ive got a link to these photoshop brushes im sure you can use in your set, dont worry about credditing anyone tho

Thank you!

oMiT will become a reality!

np m8 from one designer to another eyyy

[demik]

IM HERE FOR THE EGO STROKING

[whmeltonjr]

IM HERE FOR THE EGO STROKING

You're the best demik I ever met

[absyrd]

IM HERE FOR THE EGO STROKING

And who's the foot?
I'm the foot but who's steppin'
(Ain't no half steppin')
You know where I'm steppin'
Skirts play wit it cause I'm slick like that
I'm the greatest MiTo in the world!!

[beehatch]

IM HERE FOR THE EGO STROKING

You're the best demik I ever met

he's okay at best

[whmeltonjr]

IM HERE FOR THE EGO STROKING

You're the best demik I ever met

he's okay at best

Well he's the only demik I know, so the bar is pretty low

[Zorberema]

Once my Round 5a(6) sets arrive, I will have a PuLSE set up for sale if anyone is interested...

Yee pls

[HoffmanMyster]

Okay as much as this thread has probably run its course, we have strayed quite far off topic (I'm guilty of this as well).  Let's try to bring things back to the topic at hand (colorway ownership) or start a new thread to discuss this new keyset idea.

[beehatch]

IM HERE FOR THE EGO STROKING

You're the best demik I ever met

he's okay at best

Well he's the only demik I know, so the bar is pretty low

he is pretty short, so it's good you set the bar low

[demik]

And then she wonders why she's blocked. Hating ass hater

[Tym]

Okay as much as this thread has probably run its course, we have strayed quite far off topic (I'm guilty of this as well).  Let's try to bring things back to the topic at hand (colorway ownership) or start a new thread to discuss this new keyset idea.

Back on topic

I've decided to raise my offer to $15 for any Asylum.

We'd be part of history!

[Lepidus]

Sooooo who wants to help me get Eslup (my new keyset I'm designing) going? Thinking black and cyan would be a cool color scheme. Thoughts?

I prefer the idea of my keyset; black and cyan with cyan mods, black alphas. gona call it Autism and do it through massdrop so i can reach all the poor Brazilians

Hey, massdrop doesnt ship stuff to us >:3
I would buy autism tho 

[FLFisherman]

Okay as much as this thread has probably run its course, we have strayed quite far off topic (I'm guilty of this as well).  Let's try to bring things back to the topic at hand (colorway ownership) or start a new thread to discuss this new keyset idea.

Back on topic

I've decided to raise my offer to $15 for any Asylum.

We'd be part of history!

If you actually wanted to do this would you have to buy the rights from Signature Plastics or Mito?

[LXXXIX]

Has any SP personnel responded to the actual question. This is how i feel they are reacting when entering this thred.



I get the debate here, but the only one who legitimately says yes or no in actually manufacturing the damn caps is SP. Why no answer yet?

[Sifo]

Has any SP personnel responded to the actual question. This is how i feel they are reacting when entering this thred.

Show Image

I get the debate here, but the only one who legitimately says yes or no in actually manufacturing the damn caps is SP. Why no answer yet?

I will ask and get this **** on the road once I get to work (or maybe when I get off if it's a busy day)

[Melvang]

I can't workout which is better, the wikipedia lawyers or Mito, this thread should be stickied in off topic

I may not be a lawyer, but I did stay at a Holiday Inn Express last night.

Okay as much as this thread has probably run its course, we have strayed quite far off topic (I'm guilty of this as well).  Let's try to bring things back to the topic at hand (colorway ownership) or start a new thread to discuss this new keyset idea.

Back on topic

I've decided to raise my offer to $15 for any Asylum.

We'd be part of history!

If you actually wanted to do this would you have to buy the rights from Signature Plastics or Mito?

The way I see it, you don't need to ask anyone with regard to color combination, but with specific legends I believe you would have to get permission from the original creator.  So for the "Pulse" M logo, we would have to get in touch with Nico if I am understanding this correctly.

[harlw]

I can't workout which is better, the wikipedia lawyers or Mito, this thread should be stickied in off topic

I may not be a lawyer, but I did stay at a Holiday Inn Express last night.

Okay as much as this thread has probably run its course, we have strayed quite far off topic (I'm guilty of this as well).  Let's try to bring things back to the topic at hand (colorway ownership) or start a new thread to discuss this new keyset idea.

Back on topic

I've decided to raise my offer to $15 for any Asylum.

We'd be part of history!

If you actually wanted to do this would you have to buy the rights from Signature Plastics or Mito?

The way I see it, you don't need to ask anyone with regard to color combination, but with specific legends I believe you would have to get permission from the original creator.  So for the "Pulse" M logo, we would have to get in touch with Nico if I am understanding this correctly.

As a professional designer this is pretty much where I think the line is drawn, especially where a fairly limited color pallette is the only option. In reality, it's a fine line not pissing off a designer or the community by being "unoriginal" with a design so who owns what becomes irrelevant if you can't get buyers.

[SpAmRaY]

The real question we need to ask is what can a designer do to stir up more drama to promote their keysets? Don't take the bait people.

[fatb0y]

Technically, color schemes can be trademarked or at least extended IP protection. However, its just incredibly difficult to get done.
 
Citigroup actually has a trademark for the blue gradient that they use.

But doesn't this also qualify as a logo for icon?

I don't think so. Citigroup has a logo, it's citi with the red arch between the I's.



But beyond that trademark, they also have protectable rights over something like this.



http://tsdr.uspto.gov/#caseNumber=2005506&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=documentSearch

I'm just saying, color schemes can in fact be protectable IP. However, in the case of Mito, since the color scheme is solely a feature of the product itself, he wouldn't have any IP protection. 

[Melvang]

I can't workout which is better, the wikipedia lawyers or Mito, this thread should be stickied in off topic

I may not be a lawyer, but I did stay at a Holiday Inn Express last night.

Okay as much as this thread has probably run its course, we have strayed quite far off topic (I'm guilty of this as well).  Let's try to bring things back to the topic at hand (colorway ownership) or start a new thread to discuss this new keyset idea.

Back on topic

I've decided to raise my offer to $15 for any Asylum.

We'd be part of history!

If you actually wanted to do this would you have to buy the rights from Signature Plastics or Mito?

The way I see it, you don't need to ask anyone with regard to color combination, but with specific legends I believe you would have to get permission from the original creator.  So for the "Pulse" M logo, we would have to get in touch with Nico if I am understanding this correctly.

As a professional designer this is pretty much where I think the line is drawn, especially where a fairly limited color pallette is the only option. In reality, it's a fine line not pissing off a designer or the community by being "unoriginal" with a design so who owns what becomes irrelevant if you can't get buyers.

So what do you propose to do if a set designer is no longer around on the forums?  Or a colorway hasn't been ran for say 2 or 3 years. 

[mashby]

I find this conversation fascinating and frustrating at the same time -- which is how any discussion about art/creativity and commerce goes. Some artists focus on creating and moving on to the next project and others focus on retaining ownership and control once the work is released to the public.

Mito, you seem to be staunchly in the latter camp, which is a shame because I'd like to see you do new work and not just rehashing the past.

Additionally, the language you're using and the way you're going about "protecting" your work is only going to have the opposite effect because you're not just inviting, you're challenging someone to demonstrate that they're capable of duplicating your colorway. Nothing like giving a pack of nerds a challenge to prove you wrong to incite action.

[UTEster750]

I find this conversation fascinating and frustrating at the same time -- which is how any discussion about art/creativity and commerce goes. Some artists focus on creating and moving on to the next project and others focus on retaining ownership and control once the work is released to the public.

Mito, you seem to be staunchly in the latter camp, which is a shame because I'd like to see you do new work and not just rehashing the past.

Additionally, the language you're using and the way you're going about "protecting" your work is only going to have the opposite effect because you're not just inviting, you're challenging someone to demonstrate that they're capable of duplicating your colorway. Nothing like giving a pack of nerds a challenge to prove you wrong to incite action.

Oh well, maybe one day he will learn.

[HoffmanMyster]

Nothing like giving a pack of nerds a challenge to prove you wrong to incite action.

What'd you call me?!? 

[mashby]

Nothing like giving a pack of nerds a challenge to prove you wrong to incite action.

What'd you call me?!? 

LOL! Birds of a feather my brother.

[FLFisherman]

Nothing like giving a pack of nerds a challenge to prove you wrong to incite action.

What'd you call me?!? 

LOL! Birds of a feather my brother.

I thought this was a pack of geeks?

[nubbinator]

Technically, color schemes can be trademarked or at least extended IP protection. However, its just incredibly difficult to get done.
 
Citigroup actually has a trademark for the blue gradient that they use.

But doesn't this also qualify as a logo for icon?

I don't think so. Citigroup has a logo, it's citi with the red arch between the I's.

Show Image

But beyond that trademark, they also have protectable rights over something like this.

Show Image

http://tsdr.uspto.gov/#caseNumber=2005506&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=documentSearch

I'm just saying, color schemes can in fact be protectable IP. However, in the case of Mito, since the color scheme is solely a feature of the product itself, he wouldn't have any IP protection.

You're confounding trade dress, which is capable of being trademarked as it is branding, with stuff that cannot be trademarked or copyrighted, like color ways.

[GL1TCH3D]

Well this has been quite the read.

It's definitely true that the way MiTo is acting, he's more likely to get people intentionally trying to copy and reproduce his work.

Reading all his replies I get the sense "I demand that I be given ownership of the colorway and icons by the community and SP because of this great work of art that I have created"

Respect my decision as the creator of the keyset.

While also contradicting himself with this part that is obviously not sarcasm

Ego? I made a goddamn keyset, what's the big ****ing deal about it? I assembled colorful pieces of plastic together with a logo made by Nico and icons made by myself. What a great genius I am right?

If it really didn't matter to you and you only see it as a few pieces of plastic, why are you so protective of it? Why not let others / SP do whatever runs of it or similar sets?

The community grew much more than we could predict, there are new people coming in everyday. And even though I have a very rigid philosophy about materialism I can't force my own philosophy down people's throats. What philosophy do I have? Well I'm a very minimalist person, I only have one board, a set of PBT blanks and a pair of artisans that arrived in the mail yesterday. I love to visually appreciate things (I have a huge album with pictures of all of you guys' caps and boards) but I don't feel the need of possession in the slightest. I know how to appreciate without the need of possession.

All your comments in this thread have been exactly trying to force your ideas.
---
That it's okay not to attribute work.
That it's okay to break the rules (paying for the work after the fact simply because of community backlash. And didn't you even state that the university is paying for it and not you?)
That people shouldn't want to own a keyset, that a picture will suffice.
---
Running an exclusive set goes directly against your idea that people shouldn't buy to have something. If they don't buy it, they may never be able to get it in the future.

When I take a picture of an artisan keycap, I can only do so much to capture the artistic value (which is also limited by my admittedly poor skill) of it but looking at a picture is not the same as seeing it in person, feeling the texture of it as you press down on that key (if you actually put yours on your boards).

If they wanted to enjoy PuLSE to the fullest extent in the future, you basically forced them to buy into the group buy by saying that it would be an exclusive one shot. And at the same time, leaving anybody who wasn't able to buy into the original group buy in the dust.

For your specific keyboard, did you just buy a random crap bag and randomly place keycaps on your board? Or did you choose a specific set of PBT blanks that matched your tastes? Both color wise and profile wise.

Is it not possible that someone out there feels that PuLSE is that "one" set set that they want to use? (It doesn't even have to be PuLSE really)

[fatb0y]

Technically, color schemes can be trademarked or at least extended IP protection. However, its just incredibly difficult to get done.
 
Citigroup actually has a trademark for the blue gradient that they use.

But doesn't this also qualify as a logo for icon?

I don't think so. Citigroup has a logo, it's citi with the red arch between the I's.

Show Image

But beyond that trademark, they also have protectable rights over something like this.

Show Image

http://tsdr.uspto.gov/#caseNumber=2005506&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=documentSearch

I'm just saying, color schemes can in fact be protectable IP. However, in the case of Mito, since the color scheme is solely a feature of the product itself, he wouldn't have any IP protection.

You're confounding trade dress, which is capable of being trademarked as it is branding, with stuff that cannot be trademarked or copyrighted, like color ways.

So what you are saying is trade dress can be trademarked.  In America, trade dress specifically refers to the following things, the shape/configuration of a product, the packaging of a product, the color of a product or packaging, and the flavor of a product.

I'm sorry I'm confused, so are you saying colors can or can't be trademarked?

I can't workout which is better, the wikipedia lawyers or Mito, this thread should be stickied in off topic

I may not be a lawyer, but I did stay at a Holiday Inn Express last night.

Okay as much as this thread has probably run its course, we have strayed quite far off topic (I'm guilty of this as well).  Let's try to bring things back to the topic at hand (colorway ownership) or start a new thread to discuss this new keyset idea.

Back on topic

I've decided to raise my offer to $15 for any Asylum.

We'd be part of history!

If you actually wanted to do this would you have to buy the rights from Signature Plastics or Mito?

The way I see it, you don't need to ask anyone with regard to color combination, but with specific legends I believe you would have to get permission from the original creator.  So for the "Pulse" M logo, we would have to get in touch with Nico if I am understanding this correctly.

As a professional designer this is pretty much where I think the line is drawn, especially where a fairly limited color pallette is the only option. In reality, it's a fine line not pissing off a designer or the community by being "unoriginal" with a design so who owns what becomes irrelevant if you can't get buyers.

So what do you propose to do if a set designer is no longer around on the forums?  Or a colorway hasn't been ran for say 2 or 3 years.

Things like trademarks stop being protected if the owner of the mark doesn't actually use the trademark.

So do what you would do today, put your colorway idea  together and send it to someone to get made. You just have to find someone to make it. 

Besides, keyset designers don't have any sort of claim over color schemes.  The people who might have rights over color schemes, at least in terms of keycaps, are companies like Dolch and Skidata, where their use of a conspicuous color scheme is consistent and pervasive across their product line and brand culture. 




 

[Melvang]

So I just got a reply from Melissa at SP regarding colorway and custom legend IP.

[FLFisherman]

So I just got a reply from Melissa at SP regarding colorway and custom legend IP.

(Attachment Link)

So it seems that the answer to the thread question, "Who owns a colorway?" is, not surprisingly, nobody.

[Zambumon]

So I just got a reply from Melissa at SP regarding colorway and custom legend IP.

(Attachment Link)

Custom colors…

[LXXXIX]

So I just got a reply from Melissa at SP regarding colorway and custom legend IP.

(Attachment Link)

So would a basic Black and Cyan color but in this format be okay?

[HoffmanMyster]

So I just got a reply from Melissa at SP regarding colorway and custom legend IP.

(Attachment Link)

I admit confusion.

The first paragraph seems to imply that they have no issues re-running a set, while the second indicates that they will not re-run a "custom" set.  Does custom mean that a user selected the color scheme from their palette of colors, or that the set must have been a true color match with unique resin as detailed in the first paragraph?

[Melvang]

So I just got a reply from Melissa at SP regarding colorway and custom legend IP.

(Attachment Link)

So would a basic Black and Cyan color but in this format be okay?

Show Image

Correct, you just have to specify what colors you want to use, not just send them a pic and say copy this.

[baldgye]

So I just got a reply from Melissa at SP regarding colorway and custom legend IP.

(Attachment Link)

I admit confusion.

The first paragraph seems to imply that they have no issues re-running a set, while the second indicates that they will not re-run a "custom" set.  Does custom mean that a user selected the color scheme from their palette of colors, or that the set must have been a true color match with unique resin as detailed in the first paragraph?

I read it as, if you come at them asking them to make Pulse again, they would say no unless MiTo said it was ok. But if you come at them with a design for a set identical to Pulse, minus the custom legends they would be fine with making it again.

[GL1TCH3D]

I just find it kind of funny that as soon as Mito found out that he has no protection of his colorway, he started the IC for R2

[FLFisherman]

So I just got a reply from Melissa at SP regarding colorway and custom legend IP.

(Attachment Link)

I admit confusion.

The first paragraph seems to imply that they have no issues re-running a set, while the second indicates that they will not re-run a "custom" set.  Does custom mean that a user selected the color scheme from their palette of colors, or that the set must have been a true color match with unique resin as detailed in the first paragraph?

I read it as, if you come at them asking them to make Pulse again, they would say no unless MiTo said it was ok. But if you come at them with a design for a set identical to Pulse, minus the custom legends they would be fine with making it again.

This is how I interpreted as well.