[IC] GMK Mudkap (new renders!)

[Dissitesuxba11s]

If this gets on groupbuy, I'm definitely in. Swampert is still my all time favorite Pokemon.

[chowder266]

you should add in a rama camp like gmk umbra

[keebieweeb]

Definite buy for me if this goes through!

[Cloods]

this is adorable

[tragikarp]

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I contacted them don't worry)

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. Even that GMK Star Wars set didn't get permission (but skirted by with how fonts technically can't be copyrighted). And this set is interesting since its only when the keys are assembled in a certain configuration that one could argue its infringement. Colors and common shapes cannot be copyrighted. Is it infringement to sell generic colored geometric shapes that when arranged, creates a derivative work of licensed art? Otherwise, all keysets would be infringing since any keyset could assembled to resemble any sort of licensed material.

Unlicensed fandom inspired products and art have always been in this murky legal area. Like almost definitely infringement by most legal opinions but it's tolerated and companies generally look the other way, especially if you're small fish. Also, I suspect that manufacturers like GMK might be okay under the "safe harbor" provision but I could be wrong. But ethically? I think the majority of people would not consider fan inspired products to be immoral (like what, are you taking profits away from their official, licensed keyset?)

Anyways, super cute keyset. Looking forward to a group buy!

[psxndc]

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.

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.

Colors and common shapes cannot be copyrighted.

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.

[tragikarp]

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.

Ah I saw some posts about that, since it was deleted off their official insta. Everyone seems to use modifiers "apparently". For a legitimate company, the wiped out instagram page and lack of communication does not exactly inspire confidence. (I mean, we're taking this solely at their word right?)
If true though, that's actually quite impressive. But certainly an exception, not the rule? I would guess it would be due to the PR and volume, which apparently drew the attention of Pokemon Company in the first place? No one really seems to know. Details are kind of scant.

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   

[psxndc]

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
[/quote]

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.

https://www.ipwatchdog.com/2018/07/14/can-you-trademark-a-color/id=99237/

But re: the “per industry” rule, yes: trademark protection is limited to a specific class of goods and services and you can’t infringe a trademark that’s isn’t in that class of goods and services (though of the trademark is *super* famous, they could sue for trademark dilution, e.g. I couldn’t sell Coca-Cola facial tissues. They probably don’t have a trademark for facial tissues, but if I sold facial tissues under that brand, people would nonetheless think it was being sold by Coca-Cola, thereby diluting their mark).

Here, we’d need to see what tPKC’s marks are. I doubt they have a color trademarked, but if they did, keycaps are not so different than video game stuff, so they may fall into the same class or service. I’m too lazy to dig around the PTO’s website right now to check.

[tragikarp]

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)

[psxndc]

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.

[The Cat Whisperer]

these kinds of sets are my favorite of the mech community. always makes me smile and looks great at the same time

[iinko_mk]

really cute!

[tragikarp]

Ahhhh, got it. Didn’t even think about Tiffany blue. GMK Finer Things must have dodged the same bullet.

lmaooooooo

[psxndc]

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.

[tragikarp]

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? 🤔😜🤪

[Shiba1337]

I literally need this

[psxndc]

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.

[tragikarp]

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.

Ahh that makes a lot of sense. Now I feel bad. See, if I didn't post that, you would've gotten the third set with a clear conscience.

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? 😉

Also, uh if you were unaware, I was being super facetious in my previous response 😅

[psxndc]

All good. I don’t think for most people a little infringement here and there is an issue of conscience. But I just take it seriously for mine. Had you not posted that (I’m still trying to find where it was originally posted tbh), I would have bought them.

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?

Yes, that would be a prudent approach I would advise my clients to take.

And yes, I knew you were being (at least mostly) facetious.

[Serval]

Hopefully this isn't dead yet

[Ryukaizan]

Any updates to this?

[DotMatrix]

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.

[conternecticus]

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.

I agree with this.

[Kipps]

Pls king dont let the dream die