Author Topic: [IC] GMK 95NEON - based on the AirMax 95  (Read 29689 times)

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Offline Xanira

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i like the set but the colors... i get that the different tones of grey have a purpose but i think going with 3 color and not using both ral and pantone would be much easier, cheaper and not potentially introduce color matching issues for gmk.

Offline edwyn

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i like the set but the colors... i get that the different tones of grey have a purpose but i think going with 3 color and not using both ral and pantone would be much easier, cheaper and not potentially introduce color matching issues for gmk.

Thanks for the comment. The reason for the additional color (I know it complicates the process) is because both RAL Classic and Design both don't have a color that is in the vicinity of the Pantone 375C volt color I picked.  As you can imagine the pop of the volt color encapsulates the spirit of this set and thus without it there would be no NEON in GMK 95NEON. 

Offline Pomato

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100% cuz, Genji.

Offline lush_bunny

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Re: [IC] GMK 95NEON - based on the AirMax 95 (not OW Genji?) *DESK MATS ADDED*
« Reply #53 on: Sat, 27 February 2021, 18:35:17 »
[I need healing]

I've always liked neutral colors with neon accents, glwic!

Offline Lsandra

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Usually just lurk but love this set and the desk mats. Kiss my keebs!

Offline hottrout

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UK ISO in the base kit is a deal maker for me.  Love it a lot but I still think you should consider darker alphas, they are a little light for the green, IMHO of course.
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Offline edwyn

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Vendors announced


No one likes paying huge shipping costs and taxes for a set, so wanted to make sure I could find vendors in as many regions as possible so that any one that wanted to get my set could get
it at the lowest price possible anywhere in the world. If I'm missing any region please let me know!

UK ISO in the base kit is a deal maker for me.  Love it a lot but I still think you should consider darker alphas, they are a little light for the green, IMHO of course.

The light grey and green could be an issue but will have to wait for samples to really know.  The light grey key is also reflecting a lot of light in that picture and isn't as light in real life.

« Last Edit: Mon, 08 March 2021, 14:38:55 by edwyn »

Offline internet-nico

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Re: [IC] GMK 95NEON - *12 REGIONAL VENDORS ANNOUNCED*
« Reply #57 on: Wed, 10 March 2021, 06:30:38 »
Colors are perfect but I wish the legends were solid dark grey or black

Offline hottrout

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Re: [IC] GMK 95NEON - *12 REGIONAL VENDORS ANNOUNCED*
« Reply #58 on: Wed, 10 March 2021, 15:44:13 »
Love the RAMA and nice work adding prototypist.
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Offline edwyn

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Re: [IC] GMK 95NEON - *12 REGIONAL VENDORS ANNOUNCED*
« Reply #59 on: Thu, 11 March 2021, 12:13:50 »

RAMA collaboration announced!

Love the RAMA and nice work adding prototypist.

Thanks! Made sure to  have full ISO support in the base kit

Colors are perfect but I wish the legends were solid dark grey or black

Do you mean you want the mods to be sold dark grey instead of gradient?

Offline internet-nico

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Re: [IC] GMK 95NEON - *12 REGIONAL VENDORS ANNOUNCED*
« Reply #60 on: Thu, 11 March 2021, 15:16:48 »
Colors are perfect but I wish the legends were solid dark grey or black

Do you mean you want the mods to be sold dark grey instead of gradient?
[/quote]

Thanks for the reply! Nope the cap colors/gradients are cool. I was pointing more towards the neon color for the legends/text. I may be old fashioned, but I think matching the legends across the board would make it more solid and timeless.

Here are some dirty mockups just to be clear: (with light-grey or dark-grey legends)



Anyway great idea, good luck on the IC
« Last Edit: Thu, 11 March 2021, 15:19:53 by internet-nico »

Offline edwyn

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Re: [IC] GMK 95NEON - *12 REGIONAL VENDORS ANNOUNCED*
« Reply #61 on: Sat, 13 March 2021, 15:52:05 »
Thank you for the comments and the mockups. I see the value having matching legends but I think for most people (me included) its too little Neon for set that's called Neon if you know what I mean.

Colors are perfect but I wish the legends were solid dark grey or black

Do you mean you want the mods to be sold dark grey instead of gradient?

Thanks for the reply! Nope the cap colors/gradients are cool. I was pointing more towards the neon color for the legends/text. I may be old fashioned, but I think matching the legends across the board would make it more solid and timeless.

Here are some dirty mockups just to be clear: (with light-grey or dark-grey legends)



Anyway great idea, good luck on the IC
[/quote]

Offline xippa

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Re: [IC] GMK 95NEON - based on the AirMax 95 (not OW Genji?) **RAMA ADDED***
« Reply #62 on: Mon, 15 March 2021, 17:59:02 »
the freshman set

Offline edwyn

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Update:

Based on feedback I have added an second Rama in the same pantone matched color but in the signature Rama X instead of 95

Offline Nukz

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The RAMA X looks like Dixie's logo? :rolleyes:

Offline edwyn

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I think this is Rama's own design?  There are quite a few sets that use this X as their Rama artisan (like vaporwave). I didn't even need to give them the design file. I just asked for their X design in my color

The RAMA X looks like Dixie's logo? :rolleyes:

Offline chowder266

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The RAMA X looks like Dixie's logo? :rolleyes:

omnitype (dixie mech) changed their logo already as they just recently gone through rebranding

Offline bthezebra

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The RAMA X looks like Dixie's logo? :rolleyes:

The RAMA X came before the Dixie's (now Omnitype) X

Also the RAMA X is rounded vs the flat edges on Dixie's (now Omnitype) X

No one would have exclusive rights to letter "X" or the cross symbol

Offline edwyn

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Matching cables was the #1 requests collaboration at 60%.  I am thrilled to announce a cable collab with ZUZU cables.  We will be offering 2 designs with both including a Pantone matched cerakote aviator connector.  Prototypes added
« Last Edit: Wed, 24 March 2021, 13:19:00 by edwyn »

Offline edwyn

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #69 on: Mon, 29 March 2021, 15:55:58 »
GB date announced: Monday April 5th.

Thanks again for everyone's support!

Offline HoffmanMyster

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #70 on: Wed, 31 March 2021, 13:23:44 »
Cleaned up the recent mess in this thread. And umm, maybe the both of you can stop creating alt accounts to argue with each other? Your dupe accounts have been banned and your actual accounts warned.

Offline Allsurrender

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #71 on: Mon, 05 April 2021, 10:25:50 »
This IS my main account I don’t have a dupe, I usually just lurk around.
But thank you Mod for supporting a Xinjiang genocide supporter, I guess?

Offline HoffmanMyster

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #72 on: Mon, 05 April 2021, 14:37:07 »
This IS my main account I don’t have a dupe, I usually just lurk around.
But thank you Mod for supporting a Xinjiang genocide supporter, I guess?

I wasn't even talking about you. The OP and another user were having a back and forth, both using their alts. You responded to them, hence why your post was also removed (no sense keeping a response to a deleted post around). You were never accused of creating an alt account, nor was your account banned or warned.

I also have expressed no support for Xinjiang nor genocide. I'm not sure where you got that from...

Anyway, this is all still off topic from the thread at hand, but I'd be happy to continue this conversation via PM if you'd like.

Offline Kokaloo

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #73 on: Mon, 05 April 2021, 14:40:08 »
 

oops

Offline HoodrowThrillson

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #74 on: Mon, 05 April 2021, 15:06:10 »
Current: GMK WOB Shinethrough // JTK Classic Retro Cyrillic // GMK Classic Retro Zhuyin
Typing on: THRILL Prototype - Cherry Retooled Blacks - 55g TX Springs, TX Films, Lubed with 205g0 - BSP Red Cyrillic
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Offline paperassgasket

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #75 on: Mon, 05 April 2021, 15:06:21 »
well that was fast.
new record for shortest keyset GB period?


Offline nu_types

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Offline kuro0renji

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #77 on: Mon, 05 April 2021, 15:11:43 »
Too bad, I really like the colors

Offline cspirou

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #78 on: Mon, 05 April 2021, 15:22:37 »
Honestly want to know what the copyright issues are? The fashion industry has basically zero IP protections except for trademark (hence why they plaster their logos everywhere). Is it the novelties? Does the OP make it seem like this set is endorsed by Nike?

Offline nuldabz

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #79 on: Mon, 05 April 2021, 15:47:30 »
Honestly want to know what the copyright issues are? The fashion industry has basically zero IP protections except for trademark (hence why they plaster their logos everywhere). Is it the novelties? Does the OP make it seem like this set is endorsed by Nike?

It's not that the set presents copyright issues, it's that the designer supposedly posted on zFrontier or some public forum that his intent with this set was to infringe on copyright. That public remark is a statement of intent to infringe on intellectual property, and even if the set does not explicitly have any infringing material.

Most vendors take a pretty strict stance on intellectual property and the respect it is owed, so these remarks are not something that vendors want to associate themselves with for both legal and ethical reasons.

Offline Kokaloo

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #80 on: Mon, 05 April 2021, 15:48:56 »
Most vendors take a pretty strict stance on intellectual property and the respect it is owed, so these remarks are not something that vendors want to associate themselves with for both legal and ethical reasons.

 :p

Offline iinko_mk

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #81 on: Mon, 05 April 2021, 15:54:17 »
looks like **** hit the fan


Offline Lenders

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #82 on: Mon, 05 April 2021, 16:07:24 »
I'm no tm expert, but from https://www.thefashionlaw.com/air-max-a-footwear-revolution-and-a-multi-billion-dollar-design/
Quote
In addition to the name, Nike has federally registered trade dress protection for the appearance of the Air Max 95. For the uninitiated, trade dress is a type of trademark law that extends to the distinctive “total image of a product,” and it “may include features such as size, shape, color or color combinations, texture, graphics or even particular sales techniques.

I'm pretty sure one of Nike's lawyers could basically ruin you just by raising an eyebrow if they wanted to. Maybe not putting GMK in this ankward position could be a smart move...

Offline cspirou

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #83 on: Mon, 05 April 2021, 16:21:00 »
I'm no tm expert, but from https://www.thefashionlaw.com/air-max-a-footwear-revolution-and-a-multi-billion-dollar-design/
Quote
In addition to the name, Nike has federally registered trade dress protection for the appearance of the Air Max 95. For the uninitiated, trade dress is a type of trademark law that extends to the distinctive “total image of a product,” and it “may include features such as size, shape, color or color combinations, texture, graphics or even particular sales techniques.

I'm pretty sure one of Nike's lawyers could basically ruin you just by raising an eyebrow if they wanted to. Maybe not putting GMK in this ankward position could be a smart move...

Reading a bit more it doesn't seem like trade dress applies to this. It's for preventing someone from tricking a customer into buying an item when they think they are buying the original article. So it would apply to shoes that appear to be Nike's but aren't. This would not apply to keycaps.

But I do agree that lawyers would still find a way to ruin your day even if they don't have any legal standing.

Offline Krule

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #84 on: Mon, 05 April 2021, 16:50:37 »
I wonder what the next step is going to be. I was going online to purchase and was hit with a 404 error. Had to hit up Cannon's Instagram to see what was going on. I understand the problem with selling it while the designers intentions are hazy with intent, but I guess I'm not sure of the trouble Cannon can receive by selling it. I just want this set...
« Last Edit: Mon, 05 April 2021, 16:53:31 by Krule »

Offline TheMetalDog

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #85 on: Mon, 05 April 2021, 17:12:15 »
I wonder what the next step is going to be. I was going online to purchase and was hit with a 404 error. Had to hit up Cannon's Instagram to see what was going on. I understand the problem with selling it while the designers intentions are hazy with intent, but I guess I'm not sure of the trouble Cannon can receive by selling it. I just want this set...

I would imagine one of two things will happen. 1. Designer retools to avoid similarities (unlikely) or 2. This gets cancelled (likely).

Offline loop | esc lab

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #86 on: Mon, 05 April 2021, 17:35:54 »
To be very honest, I was very very surprised this even got to the GB phase.

In the get-go, it used infringing assets from Nike. The 95 & Air are all hard trademarked assets (https://www.gerbenlaw.com/trademarks/footwear/nike/#75975988), this isn't a matter of "gray area" from an East Asian animation studio. Nike can lift an eyebrow and the vendors, designers, and manufacturer (GMK/Rama/etc) all will get cease and desists.

More surprisingly is GMK accepting it considering their most recent stance, *especially* it being Nike.

Super unfortunate that this is happening, but honestly can't say I am in any way surprised.

Offline yanwrld

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #87 on: Mon, 05 April 2021, 18:25:51 »
To be very honest, I was very very surprised this even got to the GB phase.

In the get-go, it used infringing assets from Nike. The 95 & Air are all hard trademarked assets (https://www.gerbenlaw.com/trademarks/footwear/nike/#75975988), this isn't a matter of "gray area" from an East Asian animation studio. Nike can lift an eyebrow and the vendors, designers, and manufacturer (GMK/Rama/etc) all will get cease and desists.

More surprisingly is GMK accepting it considering their most recent stance, *especially* it being Nike.

Super unfortunate that this is happening, but honestly can't say I am in any way surprised.

Looking at what you've linked, I can't find a trademark for 95 and MAX specifically like the novelties. Most of nike's trademarks are under the goods and services classes for clothing and shoes etc. (my interpretation, not a lawyer) so this would not hold up in court very well. Recently, omnitype filed for 8008 under class 09 which contains computers and the like so it would extend to keyboards and keycaps, which would be the correct trademarks for something like this, a keycap set. All of nike's class 09 trademarks are for the nike logo and some other tech related things. Anyways, I agree with you. Nike's lawyers could stop this project real quick. Not worth it to fight a big corporation in court. I was concerned when I first saw this set because imo it relies too heavily on the inspiration and I would not be surprised if it infringed on IP (not hard to prove if it did). Just my take on the situation.

Offline Nuap

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #88 on: Mon, 05 April 2021, 18:30:55 »
To be very honest, I was very very surprised this even got to the GB phase.

In the get-go, it used infringing assets from Nike. The 95 & Air are all hard trademarked assets (https://www.gerbenlaw.com/trademarks/footwear/nike/#75975988), this isn't a matter of "gray area" from an East Asian animation studio. Nike can lift an eyebrow and the vendors, designers, and manufacturer (GMK/Rama/etc) all will get cease and desists.

More surprisingly is GMK accepting it considering their most recent stance, *especially* it being Nike.

Super unfortunate that this is happening, but honestly can't say I am in any way surprised.

Looking at what you've linked, I can't find a trademark for 95 and MAX specifically like the novelties. Most of nike's trademarks are under the goods and services classes for clothing and shoes etc. (my interpretation, not a lawyer) so this would not hold up in court very well. Recently, omnitype filed for 8008 under class 09 which contains computers and the like so it would extend to keyboards and keycaps, which would be the correct trademarks for something like this, a keycap set. All of nike's class 09 trademarks are for the nike logo and some other tech related things. Anyways, I agree with you. Nike's lawyers could stop this project real quick. Not worth it to fight a big corporation in court. I was concerned when I first saw this set because imo it relies too heavily on the inspiration and I would not be surprised if it infringed on IP (not hard to prove if it did). Just my take on the situation.

CK didn't drop the set because they perceive IP issues, they dropped the set because they designer said on ZFrontier that they want to violate Nike's copyright.

Offline LemonJR

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Re: [IC] GMK 95NEON - based on the AirMax 95
« Reply #89 on: Mon, 05 April 2021, 20:56:47 »
Just as extra info, zfrontier has yet to put up this set for sale, and the group buy post has been removed by mods, so this is very likely to get cancelled.

Offline P103

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Re: [IC] GMK 95NEON - based on the AirMax 95
« Reply #90 on: Mon, 05 April 2021, 21:15:11 »
This set deserves to get cancelled, why the fk would you make it political? So that it would sell in China, exploit the whole XinJiang Cotton boycott to make a profit? This is so dumb, you're either mocking the people in China or agreeing that some human lives are worth less than cotton, why dig that hole.
« Last Edit: Mon, 05 April 2021, 21:28:38 by P103 »

Offline tngpq

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Re: [IC] GMK 95NEON - based on the AirMax 95
« Reply #91 on: Mon, 05 April 2021, 21:31:36 »
The screen capture from a discord discussion including the OP should have been kept here. It will become self explanatory to folks who are wondering what exactly happened with this set. I was a big supporter at the beginning but not any more after the OP's act in public. Disrespectful to say the least. I genuinely question how OP can identify him/herself as a sneakehead.

Offline adamjohari

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Re: [IC] GMK 95NEON - based on the AirMax 95
« Reply #92 on: Mon, 05 April 2021, 21:40:56 »
Too bad, was looking forward to this. All the work flushed down the drain cause Mod wasn't careful. Oh well.
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Offline yanwrld

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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #93 on: Tue, 06 April 2021, 03:11:39 »
To be very honest, I was very very surprised this even got to the GB phase.

In the get-go, it used infringing assets from Nike. The 95 & Air are all hard trademarked assets (https://www.gerbenlaw.com/trademarks/footwear/nike/#75975988), this isn't a matter of "gray area" from an East Asian animation studio. Nike can lift an eyebrow and the vendors, designers, and manufacturer (GMK/Rama/etc) all will get cease and desists.

More surprisingly is GMK accepting it considering their most recent stance, *especially* it being Nike.

Super unfortunate that this is happening, but honestly can't say I am in any way surprised.

Looking at what you've linked, I can't find a trademark for 95 and MAX specifically like the novelties. Most of nike's trademarks are under the goods and services classes for clothing and shoes etc. (my interpretation, not a lawyer) so this would not hold up in court very well. Recently, omnitype filed for 8008 under class 09 which contains computers and the like so it would extend to keyboards and keycaps, which would be the correct trademarks for something like this, a keycap set. All of nike's class 09 trademarks are for the nike logo and some other tech related things. Anyways, I agree with you. Nike's lawyers could stop this project real quick. Not worth it to fight a big corporation in court. I was concerned when I first saw this set because imo it relies too heavily on the inspiration and I would not be surprised if it infringed on IP (not hard to prove if it did). Just my take on the situation.

CK didn't drop the set because they perceive IP issues, they dropped the set because they designer said on ZFrontier that they want to violate Nike's copyright.

I understand the situation here, point is that this set is more likely to violate a trademark than a copyright. Furthermore, intellectual property includes both copyright and trademark. The designer's comments on zf were made as a joke in poor taste, but the discord drama serves as bait and made far too many assumptions out of a single sentence. I think that the comment was gross and insensitive, and that people should not support the project, but everyone should decide for themselves.

Point is: Set more likely to infringe a trademark than a copyright. They are not interchangeable.

My take of the copyright/ trademark situation:
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The designer's comment on zf directly translates to "together infringe nike rights retaliation". The copyright part is only an assumption. I think that intellectual property fits better, since it also includes trademarks and patents etc. The designer added in a discord screenshot that they do not infringe upon any of nike's copyrights since the novelties don't contain anything that is trademarked by nike. As others have stated, nike does have a federally registered trade dress for the air max 95, or at least an article says so. However official that may sound, the novelties are not being advertised as the entire shoe, and the silhouette is too broad to be recognized as specifically the air max 95. The number "95" could possibly argued as a more legitimate case. Hard to prove that anyone will be mislead by this keyset for a pair of shoes. As with trademarks, they only extend as far as the category of products that they are filed under. Nike has the trademark for the air max shoes, but countless other air max trademarks exist for other categories. Nike could do serious damage in court, with or without a solid case. This is a lose situation if you aren't nike.

Offline herpderpenberg

  • Posts: 7
Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #94 on: Tue, 06 April 2021, 13:52:06 »
My take of the copyright/ trademark situation:
More
The designer's comment on zf directly translates to "together infringe nike rights retaliation". The copyright part is only an assumption. I think that intellectual property fits better, since it also includes trademarks and patents etc. The designer added in a discord screenshot that they do not infringe upon any of nike's copyrights since the novelties don't contain anything that is trademarked by nike. As others have stated, nike does have a federally registered trade dress for the air max 95, or at least an article says so. However official that may sound, the novelties are not being advertised as the entire shoe, and the silhouette is too broad to be recognized as specifically the air max 95. The number "95" could possibly argued as a more legitimate case. Hard to prove that anyone will be mislead by this keyset for a pair of shoes. As with trademarks, they only extend as far as the category of products that they are filed under. Nike has the trademark for the air max shoes, but countless other air max trademarks exist for other categories. Nike could do serious damage in court, with or without a solid case. This is a lose situation if you aren't nike.

That's my take.  I feel that people make the comment "you're going to get sued" and they said a sort of "**** Nike" by saying they'll infringe their copyright and more in jest than being serious.  The set has nothing that looks like it would get a C&D, so it looked more like a joke or empty threat.  Sucks that these days you can get cancelled by making an off the cuff Discord comment.  But I think CK just wanted to avoid the **** show that could come from this set having a semi-political agenda behind it.

I never would have bought the set anyway.  It's hard enough explaining keyboard hobby, let alone understanding sneakerheads mentality.

Offline edwyn

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Re: [IC] GMK 95NEON - Cancelled
« Reply #95 on: Tue, 06 April 2021, 16:33:15 »
Apologise for the late response. Wanted some time to think before I comment, as rash knee jerk commenting got me in this situation in the first place.

Want to also apologise to all the people that wanted to get the set and all my vendors, especially Cannon. Cannon has been very supportive from the beginning, put in a lot of work to get it to GB and was even willing to transfer all their work to another  potential lead vendor after deciding to pulling out.

Cannon made the right decision as  my rash comments put all the vendors and I in possible legal exposure. No matter how small the actual exposure was, it was just not worth it and I am grateful Cannon made the right call.

I understand everyone will have their own opinion on the matter and I respect their right to their own opinion.  I acknowledge I made rash and inappropriate comments trying to change the narrative away from my set and the Nike/cotton controversy through making comments on infringing on Nike when in reality I was not infringing on their IP.  (ref: https://www.gerbenlaw.com/trademarks/footwear/nike/#75975988 thanks esc lab for posting this for anyone that wants to understand what nike's IP generally covers and why my design intentionally stays away from swoosh, nike and air) It was never my intention to infringe on Nike's IP and I made sure I didn't when I designed it. Thus I also owe Nike an apology for trying to deflect attention to them.

I apologise again to the people that wanted my set but my rash and narrow minded focus on hoping to save my creation "baby" from all the undue (nike/cotton) hate it was getting instead ironically led to its ultimate demise and them not being able to get it.

My primary objective now is to come up with a set to cater to people that have reached out to me through reddit and my discord in the past 24 hours telling me they still hope to get my set. For this to happen I have decided to abandon 95neon as it has too much legal baggage attached for it to succeed and I must go back to the drawing board.

My new set will have less association with air max 95 and not infringe on any of Nike's IP

I understand that for many people this might not be the set that they will want and from this whole debacle I have definitely learnt you can't change people's opinion. So instead of worrying about people who don't want my set, I'm going to instead put my focus on serving the people that want it as there is no way to please everyone (also learnt this the hard way this time).

I hope my new set will meet my design's supporters and the respective standard of each vendor I originally worked with so that we can get to a new GB.

Finally, regardless of whether it changes anything I believe I should apologise to anyone that I have caused distress to in anyway from this debacle as I wasted their time being distressed.

If anyone has any questions or issues please contact me directly. Learnt my lesson that its not possible to talk to many people at once on sensitive subjects.
« Last Edit: Tue, 06 April 2021, 16:47:16 by edwyn »

Offline loop | esc lab

  • Formerly 'esclab'
  • Posts: 384
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    • esc lab
[IC] GMK 95NEON - based on the AirMax 95
« Reply #96 on: Tue, 06 April 2021, 21:55:49 »
Apologise for the late response. Wanted some time to think before I comment, as rash knee jerk commenting got me in this situation in the first place.

Want to also apologise to all the people that wanted to get the set and all my vendors, especially Cannon. Cannon has been very supportive from the beginning, put in a lot of work to get it to GB and was even willing to transfer all their work to another  potential lead vendor after deciding to pulling out.

Cannon made the right decision as  my rash comments put all the vendors and I in possible legal exposure. No matter how small the actual exposure was, it was just not worth it and I am grateful Cannon made the right call.

I understand everyone will have their own opinion on the matter and I respect their right to their own opinion.  I acknowledge I made rash and inappropriate comments trying to change the narrative away from my set and the Nike/cotton controversy through making comments on infringing on Nike when in reality I was not infringing on their IP.  (ref: https://www.gerbenlaw.com/trademarks/footwear/nike/#75975988 thanks esc lab for posting this for anyone that wants to understand what nike's IP generally covers and why my design intentionally stays away from swoosh, nike and air) It was never my intention to infringe on Nike's IP and I made sure I didn't when I designed it. Thus I also owe Nike an apology for trying to deflect attention to them.

I apologise again to the people that wanted my set but my rash and narrow minded focus on hoping to save my creation "baby" from all the undue (nike/cotton) hate it was getting instead ironically led to its ultimate demise and them not being able to get it.

My primary objective now is to come up with a set to cater to people that have reached out to me through reddit and my discord in the past 24 hours telling me they still hope to get my set. For this to happen I have decided to abandon 95neon as it has too much legal baggage attached for it to succeed and I must go back to the drawing board.

My new set will have less association with air max 95 and not infringe on any of Nike's IP

I understand that for many people this might not be the set that they will want and from this whole debacle I have definitely learnt you can't change people's opinion. So instead of worrying about people who don't want my set, I'm going to instead put my focus on serving the people that want it as there is no way to please everyone (also learnt this the hard way this time).

I hope my new set will meet my design's supporters and the respective standard of each vendor I originally worked with so that we can get to a new GB.

Finally, regardless of whether it changes anything I believe I should apologise to anyone that I have caused distress to in anyway from this debacle as I wasted their time being distressed.

If anyone has any questions or issues please contact me directly. Learnt my lesson that its not possible to talk to many people at once on sensitive subjects.
I think everyone's opinions here are exhausted and beaten to the ground so I won't comment on the controversy specifically any further.

I think you are right in avoiding anything that could legally or even possibly get you into IP trouble. I'm not a patent or IP lawyer so my opinion definitely isn't the word of law at all, but I shared that doc of the trademarks mostly as a reference for OP to check. In the end, if you are ever concerned about infringing on IP, talking to an IP lawyer even for an hour is the best bet. I think me saying "infringing on IP" was a bit too direct, but I did see that the 95 and what not were directly lifted from Nike's assets. Maybe not directly illegal, but it does make me go hmmm.

You do have to shell out your own money for an IP lawyer, and that's the nature of working on any projects that come close to someone's protected assets.

It's unfortunate it had come to this that you are no longer moving forward with the project because while there is quite a lot of controversy around it + IP issues, it does seem like you put quite a significant amount of effort and time on it.

I suppose this is the case of an expensive lesson? We all make mistakes, so it's respectable that you admitted to it and are taking responsibility for it. We can all learn a bit from that, myself included.

Good luck with your future projects!

Offline FireStarzz

  • Posts: 2
Re: [IC] GMK 95NEON - based on the AirMax 95
« Reply #97 on: Tue, 06 April 2021, 22:28:57 »
I never comment on geekhack but i can assure u im not an alt.

I'm a fellow Hongkonger and Wyn probably have crossed too many lines for both mainland chinese and hongkongese for this. If i have to guess, Wyn probably is not very local to HK and probably have studied or lived in overseas for a very long time (like myself) and is generally just not very sensitive to political matters in HK and China (again just a guess).

With the recent Cotton drama in China, so many massive brands are boycotted, including Nike, and Wyn probably wanted to save his set in ZF (because many nike stuff and sponsors are immediately dropped in China, if u watch sports/esports u can see even wearing Nike logo jerseys are covered) and thus made many controversial and Pro-CCP comments ''to retaliate nike''. It wouldnt be a problem if this set is only sold in china, but these comments were noticed by many HKers and this pissed them off A LOT. I think many were pissed  that Wyn didn't even bother choosing HK vendor like Kibou or Thickthock at the first place when he had 3 SEA Vendors when he lives in HK. Thus, this spreads like fire and CK pulled out. AFAIK ZF also pulled out too because i couldn't find the set there as well, even the IC is gone.

I love the set, I love the design, if Wyn kept quiet on this matter it probably wouldnt be a problem at all, but as Wyn said sth trying to save the set in China probably cost the whole group buy. There are many anti-CCP ppl in the West and his comments probably also pissed off many Americans when he tried to lick the chineses boots to save the set.

As someone outside of the drama and never participated in any related conversation on discord, i hope u will be able to run other sets in the future with no problem and really try to avoid political stands unless u are comfortable to be associated with it. Good luck Wyn!

Offline menuhin

  • Posts: 1138
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Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #98 on: Thu, 08 April 2021, 05:10:43 »
To be very honest, I was very very surprised this even got to the GB phase.

In the get-go, it used infringing assets from Nike. The 95 & Air are all hard trademarked assets (https://www.gerbenlaw.com/trademarks/footwear/nike/#75975988), this isn't a matter of "gray area" from an East Asian animation studio. Nike can lift an eyebrow and the vendors, designers, and manufacturer (GMK/Rama/etc) all will get cease and desists.

More surprisingly is GMK accepting it considering their most recent stance, *especially* it being Nike.

Super unfortunate that this is happening, but honestly can't say I am in any way surprised.

I know it's cancelled already. Here's just a technical question about copyright/trademarks:

Is it possible for anyone to sell some product named "95 & Air"? Or just "95" or "Air"?
Is it only prohibited in the US? (or all other lands that the US has a good grip on their government)
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Offline Nuap

  • Posts: 31
  • Location: Australia
Re: [IC] GMK 95NEON - based on the AirMax 95 **GB DATE APRIL 5TH**
« Reply #99 on: Thu, 08 April 2021, 06:48:23 »
To be very honest, I was very very surprised this even got to the GB phase.

In the get-go, it used infringing assets from Nike. The 95 & Air are all hard trademarked assets (https://www.gerbenlaw.com/trademarks/footwear/nike/#75975988), this isn't a matter of "gray area" from an East Asian animation studio. Nike can lift an eyebrow and the vendors, designers, and manufacturer (GMK/Rama/etc) all will get cease and desists.

More surprisingly is GMK accepting it considering their most recent stance, *especially* it being Nike.

Super unfortunate that this is happening, but honestly can't say I am in any way surprised.

I know it's cancelled already. Here's just a technical question about copyright/trademarks:

Is it possible for anyone to sell some product named "95 & Air"? Or just "95" or "Air"?
Is it only prohibited in the US? (or all other lands that the US has a good grip on their government)

That's a question for a lawyer.