Author Topic: [IC] GMK Mudkap (new renders!)  (Read 22385 times)

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Offline Dissitesuxba11s

  • Posts: 130
  • Location: The Silver
Re: [IC] GMK Mudkap (new renders!)
« Reply #50 on: Mon, 14 September 2020, 20:39:55 »
If this gets on groupbuy, I'm definitely in. Swampert is still my all time favorite Pokemon.

Offline chowder266

  • Posts: 54
Re: [IC] GMK Mudkap (new renders!)
« Reply #51 on: Mon, 14 September 2020, 21:47:20 »
you should add in a rama camp like gmk umbra

Offline keebieweeb

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Re: [IC] GMK Mudkap (new renders!)
« Reply #52 on: Fri, 18 September 2020, 18:50:04 »
Definite buy for me if this goes through!



Offline Cloods

  • Posts: 27
Re: [IC] GMK Mudkap (new renders!)
« Reply #53 on: Sat, 19 September 2020, 02:45:05 »
this is adorable

Offline tragikarp

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Re: [IC] GMK Mudkip
« Reply #54 on: Sun, 06 December 2020, 04:03:22 »
Show Image

Show Image

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!
« Last Edit: Sun, 06 December 2020, 04:19:35 by tragikarp »

Offline psxndc

  • Posts: 450
Re: [IC] GMK Mudkap (new renders!)
« Reply #55 on: Mon, 07 December 2020, 02:33:20 »

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.

Youíd be surprised. Originally S-Craft put out starter Pokťmon artisans without a license, so I stayed away. Then they apparently approached the Pokťmon 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 canít completely let your comment slide unchallenged: you canít copyright a color, but you can certainly trademark one.

Offline tragikarp

  • Posts: 8
Re: [IC] GMK Mudkap (new renders!)
« Reply #56 on: Tue, 08 December 2020, 03:04:51 »
Youíd be surprised. Originally S-Craft put out starter Pokťmon artisans without a license, so I stayed away. Then they apparently approached the Pokťmon 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 canít completely let your comment slide unchallenged: you canít 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   

Offline psxndc

  • Posts: 450
[IC] GMK Mudkap (new renders!)
« Reply #57 on: Tue, 08 December 2020, 08:51:20 »
While this is true, I canít completely let your comment slide unchallenged: you canít 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 didnít 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 ďper industryĒ rule, yes: trademark protection is limited to a specific class of goods and services and you canít infringe a trademark thatís isnít in that class of goods and services (though of the trademark is *super* famous, they could sue for trademark dilution, e.g. I couldnít sell Coca-Cola facial tissues. They probably donít 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, weíd need to see what tPKCís 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. Iím too lazy to dig around the PTOís website right now to check.
« Last Edit: Tue, 08 December 2020, 08:53:57 by psxndc »

Offline tragikarp

  • Posts: 8
Re: [IC] GMK Mudkap (new renders!)
« Reply #58 on: Tue, 08 December 2020, 09:18:46 »

I didnít 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)

Offline psxndc

  • Posts: 450
Re: [IC] GMK Mudkap (new renders!)
« Reply #59 on: Tue, 08 December 2020, 12:53:19 »

I didnít 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. Didnít even think about Tiffany blue. GMK Finer Things must have dodged the same bullet.

Offline The Cat Whisperer

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Re: [IC] GMK Mudkap (new renders!)
« Reply #60 on: Tue, 08 December 2020, 15:13:05 »
these kinds of sets are my favorite of the mech community. always makes me smile and looks great at the same time

Offline iinko_mk

  • Posts: 90
Re: [IC] GMK Mudkap (new renders!)
« Reply #61 on: Tue, 08 December 2020, 17:38:08 »
really cute!

Offline tragikarp

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Re: [IC] GMK Mudkap (new renders!)
« Reply #62 on: Wed, 09 December 2020, 12:19:24 »
Ahhhh, got it. Didnít even think about Tiffany blue. GMK Finer Things must have dodged the same bullet.

lmaooooooo
257506-0

257504-1
« Last Edit: Wed, 09 December 2020, 12:27:44 by tragikarp »

Offline psxndc

  • Posts: 450
Re: [IC] GMK Mudkap (new renders!)
« Reply #63 on: Wed, 09 December 2020, 23:09:26 »
Ahhhh, got it. Didnít even think about Tiffany blue. GMK Finer Things must have dodged the same bullet.

lmaooooooo
(Attachment Link)

(Attachment Link)
Jesus Christ. ďIíll take Ďhow to lose an argument that my infringement wasnít willfulí for $1000, Alex.Ē

Thanks for posting that. I got the notification that they were doing a new round, but didnít see that post. I canít support them any longer.

Offline tragikarp

  • Posts: 8
Re: [IC] GMK Mudkap (new renders!)
« Reply #64 on: Thu, 10 December 2020, 02:38:17 »
Jesus Christ. ďIíll take Ďhow to lose an argument that my infringement wasnít willfulí for $1000, Alex.Ē

Thanks for posting that. I got the notification that they were doing a new round, but didnít see that post. I canít 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? 🤔😜🤪

Offline Shiba1337

  • Posts: 65
  • Location: Santa Monica, CA
Re: [IC] GMK Mudkap (new renders!)
« Reply #65 on: Thu, 10 December 2020, 03:36:19 »
I literally need this

Offline psxndc

  • Posts: 450
[IC] GMK Mudkap (new renders!)
« Reply #66 on: Thu, 10 December 2020, 07:00:48 »
Jesus Christ. ďIíll take Ďhow to lose an argument that my infringement wasnít willfulí for $1000, Alex.Ē

Thanks for posting that. I got the notification that they were doing a new round, but didnít see that post. I canít 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.
« Last Edit: Thu, 10 December 2020, 07:02:36 by psxndc »

Offline tragikarp

  • Posts: 8
Re: [IC] GMK Mudkap (new renders!)
« Reply #67 on: Thu, 10 December 2020, 10:05:03 »
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 😅

Offline psxndc

  • Posts: 450
[IC] GMK Mudkap (new renders!)
« Reply #68 on: Fri, 11 December 2020, 00:54:05 »
All good. I donít 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 (Iím 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.
« Last Edit: Fri, 11 December 2020, 00:56:51 by psxndc »

Offline Serval

  • Posts: 3
Re: [IC] GMK Mudkap (new renders!)
« Reply #69 on: Tue, 16 February 2021, 15:35:48 »
Hopefully this isn't dead yet :(

Offline Ryukaizan

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Re: [IC] GMK Mudkap (new renders!)
« Reply #70 on: Tue, 23 February 2021, 22:20:40 »
Any updates to this?

Offline DotMatrix

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    • Charue Design
Re: [IC] GMK Mudkap (new renders!)
« Reply #71 on: Tue, 23 February 2021, 22:24:26 »
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.

Offline conternecticus

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  • summer breeze
Re: [IC] GMK Mudkap (new renders!)
« Reply #72 on: Wed, 24 February 2021, 00:55:04 »
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.