Like the idea but don't mess with Nintendo/Pokemon.
Like the idea but don't mess with Nintendo/Pokemon.
Agreed, could still stick with the colourway, but you might to rethink the novelties
You should contact Nintendo about this.
Maybe OP can reach out to the creator of SA Vilebloom about this because they have pokeball novelties on their set.
Show Image(https://i.imgur.com/rfYvfBD.png)Show Image(https://i.imgur.com/pouLpYA.png)
That's perfect.Show Image(https://i.imgur.com/rfYvfBD.png)Show Image(https://i.imgur.com/pouLpYA.png)
I contacted them don't worry)Show Image(https://i.imgur.com/rfYvfBD.png)Show Image(https://i.imgur.com/pouLpYA.png)
Vilebloom avoided explicitly mentioning “Pokemon” and other trademarked terms. For example, they used phrasing like “PkMn-inspired”, the text novelties said “PKMN”, the pokeballs were abstracted so they didn't look exactly like pokeballs™, and so on. The name itself, Vilebloom, is a combination of two Pokemon names (Vileplume and Gloom), so Vilebloom itself is not a trademarked name. They deliberately went about it in a roundabout way.
pokemon gang unite
also you should try to avoid using potentially trademarked names
They probably won't care if it's not their art, but you should make sure. The Pokemon and maybe Mudkip letter novelties do worry me since, well, they're probably licensed under Nintendo. You could try PKMN or something similar. Changing the set name is also an extra measure you could take to make sure you don't get into any troubles, although I don't know if the name would cause any problems. I'd just suggest to make sure on the highest level possible, these are just my guesses/opinions.pokemon gang unite
also you should try to avoid using potentially trademarked names
I was originally going to call it GMK Mudfish and can definitely change it in the future thanks for the advice. Do you have any ideas or worries about the novelties? GMK Vilebloom pretty obviously used a pokeball, including using the names of attacks.
Like everyone else is saying If you don't get a license/or get things handled or this is as good as dead cause vendors wont work with you and Nintendo will C&D you without hesitation.
May I use Nintendo games/music/graphics/web site contents?
We appreciate the interest in Nintendo and in all our video game products. To us, it represents a great sign of success and recognition of the Nintendo brand.
"Nintendo" is a registered trademark of Nintendo of America Inc. Nintendo owns extensive intellectual property rights in all of its products, including video game systems, game titles, characters, game software, graphics, artwork, and screen shots. Nintendo also retains rights in content on Nintendo's web sites, including articles, artwork, screen shots and other files. Trademarks and copyrights for third-party games and characters are owned by the companies that market or license those products.
While we are grateful for all the requests for permission to use Nintendo properties, we are not able to grant such requests. We receive thousands of requests and we do not have adequate staffing to review them all. Therefore, our general policy is to decline requests for permission for the use of Nintendo properties.
Although we are not able to grant permission, use of Nintendo's properties without formal permission by Nintendo may still be allowed under the relevant laws of the particular jurisdiction involved. Thus, we encourage you to seek your own legal counsel if you have any questions about whether your particular proposed use is permitted without Nintendo's authorization. Nintendo cannot provide legal advice.
Show Image(https://i.imgur.com/rfYvfBD.png)Show Image(https://i.imgur.com/pouLpYA.png)
This while not wonderful doesn't make it seem like I can't use their content. It seems like my best course of action would be to make my novelties a bit more stylized and change the name.
Quote from: Ren_Kaos link=topic=105728.msg2888909#msg2888909This while not wonderful doesn't make it seem like I can't use their content. It seems like my best course of action would be to make my novelties a bit more stylized and change the name.
This is not legal advice and I am not your attorney. If you want legal advice, retain counsel in your jurisdiction. With that out of the way...
Attack names aren't going to be trademarked, so you're safe there. As for everything else, here's a decent rule of thumb: if you do a Google search and the trademarked/copyrighted thing is the first hit, avoid it. "Mudfish" is fine. Stylized novelties are fine.
That all said, this whole thread would be discoverable and evidence against any defense you made that this wasn't derivative of their copyrighted character.
I edited my post to provide more non-advice.
Very very nice
Show Image(https://i.imgur.com/rfYvfBD.png)Show Image(https://i.imgur.com/pouLpYA.png)
Also, the “eyes” could use the GMK Dots mold, right?
Hey guys, I'm working pretty hard trying to make the base set and other kits on KLE, but I'm having difficulties when I export as a json. None of my novelties are saving or showing up in http://kle-render.herokuapp.com/. I've zero coding experience so I'm unsure if I've done something wrong or what. Any help would be appreciated.
In my experience, the KLE render site is pretty limited in what it can display properly. I would be surprised if it worked with custom legends in the first place.
GMK Mdkp might be a good alternative name.
I think GMK Mudskipper would be less conspicuous and more memorable, while being equally as evocative as GMK Mdkp. Oh, and easier to pronounce, too.
any follow up on this? :o
any follow up on this? :o
Yeah, so I reached out to someone to commission high quality renders but they never got back to me. I’ve been busy and don’t really know who to contact about renders or helping me organize kits. The ic had a fair share or requests and interest but I’m just not sure where I go from here as I’m very new to the whole keeb scene.
any follow up on this? :o
Yeah, so I reached out to someone to commission high quality renders but they never got back to me. I’ve been busy and don’t really know who to contact about renders or helping me organize kits. The ic had a fair share or requests and interest but I’m just not sure where I go from here as I’m very new to the whole keeb scene.
Hit up the Keycap Designer Discord and ask there. I'm sure someone there would do some renders for you.
Adding another name idea: GMK Mudkap
any follow up on this? :o
Yeah, so I reached out to someone to commission high quality renders but they never got back to me. I’ve been busy and don’t really know who to contact about renders or helping me organize kits. The ic had a fair share or requests and interest but I’m just not sure where I go from here as I’m very new to the whole keeb scene.
Not sure about that light blue on medium blue for legends. Looks like not enough contrast IRL
I can't see this turning out better than the Blink set, lol.Nah. Black Pink actually uses "blink" - like it's the name of their fan club or something. There's nothing here that is used by the big N.
I contacted them don't worry)Show Image(https://i.imgur.com/rfYvfBD.png)Show Image(https://i.imgur.com/pouLpYA.png)
I like how you didn't mention if they replied ;) (I would be incredibly surprised if they did and absolutely astounded if they granted you permission). The Pokemon Company won't talk to you or any other artist about this, much less grant a license.
Colors and common shapes cannot be copyrighted.
You’d be surprised. Originally S-Craft put out starter Pokémon artisans without a license, so I stayed away. Then they apparently approached the Pokémon Company and got a license to make more and remake the original ones under license.
While this is true, I can’t completely let your comment slide unchallenged: you can’t copyright a color, but you can certainly trademark one.That is kind of interesting. But presumably not a concern in this use case, right? (due to the per industry rule) This does explain why they can get away with tealios, and even flaunt it lmao
While this is true, I can’t completely let your comment slide unchallenged: you can’t copyright a color, but you can certainly trademark one.That is kind of interesting. But presumably not a concern in this use case, right? (due to the per industry rule) This does explain why they can get away with tealios, and even flaunt it lmao
I didn’t mean trademark a color as a name (like tealios) I meant you can trademark an actual color. The case I was thinking about was the Qualitex case for green-gold colored dry cleaning pads, but there are others, eg, UPS has a trademark on their color brown.
Ahhhh, got it. Didn’t even think about Tiffany blue. GMK Finer Things must have dodged the same bullet.
I didn’t mean trademark a color as a name (like tealios) I meant you can trademark an actual color. The case I was thinking about was the Qualitex case for green-gold colored dry cleaning pads, but there are others, eg, UPS has a trademark on their color brown.
Oh I understood what you were saying. I brought up Tealios because they stole Tiffany Blue but got away with it because of the industry rule ;)
So I think we're in agreement x)
Ahhhh, got it. Didn’t even think about Tiffany blue. GMK Finer Things must have dodged the same bullet.
Jesus Christ. “I’ll take ‘how to lose an argument that my infringement wasn’t willful’ for $1000, Alex.”Ahhhh, got it. Didn’t even think about Tiffany blue. GMK Finer Things must have dodged the same bullet.
lmaooooooo
(Attachment Link)
(Attachment Link)
Jesus Christ. “I’ll take ‘how to lose an argument that my infringement wasn’t willful’ for $1000, Alex.”
Thanks for posting that. I got the notification that they were doing a new round, but didn’t see that post. I can’t support them any longer.
I'm an IP attorney, for a major corporation, so no.Jesus Christ. “I’ll take ‘how to lose an argument that my infringement wasn’t willful’ for $1000, Alex.”
Thanks for posting that. I got the notification that they were doing a new round, but didn’t see that post. I can’t support them any longer.
Aww don't be like that. You're already complicit; might as well go all in
But is this really on the scale of theft or maybe you could think of it as a simple contract dispute between a contractor and their employer. Who are we to judge the legality when it hasn't been be settled in court? That's just disrespectful to the whole legal profession
Also, in terms of ethics and morality? These are simply good people trying to do the right thing only to find their artistic creativity being strangled by rigid corporate bureaucracy. The little guy, just trying to make a living to feed their families being, bullied by the man and big business, wielding their privilege to crush innovation. One would have to bend over backwards to argue about the imaginary lost profits incurred and one cannot deny the artistic merit and utility that these products generate. If we don't support independent artists like these, who will?
I'm an IP attorney, for a major corporation, so no.
I didn't buy the original s-craft set because they clearly weren't licensed and s-craft said as much. I got the next run because they represented that they now were. I won't be buying future runs if they aren't.
Bringing this back to the set at hand, I don't have an personal issue with homages. Mudkap is a fun homage and you need to "get it" to draw the mental connection. But if something is clearly infringing someone else's IP - like s-craft making and marketing literal Pokemon keycaps - I can't take part in it. I couldn't do my job during the day, telling people to respect my company's IP, and then buy infringing products myself at night.
/rant
Sorry for hijacking the thread with my personal views on IP infringement. None of this is legal advice. If you need legal advice, please consult an attorney licensed to practice in your jurisdiction.
Although, this disclosure in itself is a bit unusual. I'm guessing you'd generally advise your clients to not announce publicly about their intent to commit crimes?
Set looks just like Mudkip! I think that the eyes should definitely be in the base kit. Otherwise, without the eyes, it kind of defeats the purpose. Also, it's only 2 more keys to add in. At minimum, there should be black blank keys for that row.