geekhack
geekhack Marketplace => Interest Checks => Topic started by: CHAOSERA on Wed, 07 August 2024, 22:38:27
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I'm very concerned about the legal side of this, but it's a fun set. If everything is good, then I hope for the best
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As a Tolkien fan, this is an incredibly unique and thoughtful design, probably an insta-buy from me. However I too would be concerned about the legalities of using the IP as it is presented here.
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It's a lovely LOTR themed set. I would like to buy.
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I like it, but I'm pretty sure Drop has an exclusive license to Tolkien's IP, at least in the keyboard realm.
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Hello guys, thank you for your suggestions.
I am also a fan of the Tolkien series.
In order to pay tribute to those great works, I made this set of keycaps, and most of the patterns are original.
Of course, if there is any infringement, please contact me and I will deal with it immediately.
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There's no "if". This is infringement.
I wish it wasn't. This looks much better than the horrendous LOTR sets Drop has released since Corsair took over.
I'd probably buy it.
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I agree wholely with the other comments, this is a great set that it appears a significant amount of effort has been put into.
I'm not an IP law expert but my understanding is that such a product is best released under license, you could argue that it's derivative but if this were a GB I'd really not be comfortable with placing an order for this with such a question still outstanding, and I suspect a lot of vendors will wisely avoid it on the same grounds.
With regards the name, the word "Silmarillion" is subject to active trademarks in both the US (http://"https://tsdr.uspto.gov/#caseNumber=78651794&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch") and the UK (http://"https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00904393071")for categories of goods that in my opinion a lawyer could argue keycaps to be - novelty items. I suspect the Tolkien estate holds the trademark more broadly in other territories too.
With trademarks, there's little to no room for fair use, especially as a product name - in order to remain protected, the holder has to be seen to enforce their trademark. Thus it's highly likely this will become subject to legal issues with the name as it stands.
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This deserves a cease and desist.
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Also worries about IP but ngl I would love to own this.
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As others have said, this is almost certainly infringing on a range of copyrights owned by a notably active copyright holder that has a licensing arrangement in place with an existing vendor. Quite apart from whether the tolkein estate would take umbrage at this, the license holder would intuitively find this problematic and detracting from the value of their license.
It feels like it would be a bad idea to group buy in its current form.
None of that is to say that the concept is not great, and some of the artwork on its own, with an appropriate font (not something that is someone elses ip) might be a gorgeous set.
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We are actively working on copyright issues.
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Thanks for all the reminders and advice.
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This keycap set may have the longest lore fr