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Geek Culture / Furious and speechless

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Wehtam_
User Deleted
Posted: 6th Mar 2010 09:14 Edited at: 6th Mar 2010 09:21
Well, where to start. So I have been happily creating a series of designs to use in a T-shirt shop online. My designs are my own mostly deriving from my own sketch work or traces of my 3D work, this way I never have to worry about copyright.

I ordered a print for a friend, the design was a cute little penguin in the bottom corner of the shirt, a giant speech bubble was coming from his mouth with the word “DESTROY” in a heavily eroded screenprint-style font.

I received an email from the host and printing firm saying that they can not allow me to sell the design as the word “destroy” is a protected trademark under the European union.

SERIOUSLY! I mean come on, if I’m naming a product as “destroy” fair enough as that's a name I’m wanting to trade under. But to say I can’t sell my own original artwork because it merely contains the word “destroy” in it is ridiculous. Is this real ? I’m utterly speechless.

EDIT: I've had to change it to MUTILATE! Thankfully no one owns that word! GRRRRRR!



Virtual Nomad
Moderator
19
Years of Service
Recently Online
Joined: 14th Dec 2005
Location: SF Bay Area, USA
Posted: 6th Mar 2010 09:35 Edited at: 6th Mar 2010 09:38
did you submit the "speech bubble" as artwork or is it part of the website's stock art (which i suspect it is, using their font/text system)?. i ask because if you created a graphic of the speech bubble and refrained from using their interface, it should be "art". if you used their built-in app for it, they probably have filters in place to look for trademarked words/phrases. if not, i'm impressed that they visually check each rendered word/phrase against what must be a massive list of trademarked words/phrases.

add: just saw your edit. i think i'd go with KILL! or, maybe more appropriate (since you used it to describe the situation), GRRRR!

Virtual Nomad @ California, USA
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Van B
Moderator
22
Years of Service
User Offline
Joined: 8th Oct 2002
Location: Sunnyvale
Posted: 6th Mar 2010 16:04
I quite like it with MUTILATE - I think it gets the point across just as well as DESTROY.


Health, Ammo, and bacon and eggs!
Wehtam_
User Deleted
Posted: 6th Mar 2010 18:34
Thanks guys, yes I supplied them the artwork, I created the above from scratch. The piece was created in Illustrator, I even showed them the sketch work because at first I thought it was the penguin they were questioning.

Neuro Fuzzy
17
Years of Service
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Joined: 11th Jun 2007
Location:
Posted: 6th Mar 2010 18:47
actually I think I would like "KILL" or "GRRRR!!!" better

still, that is bad...

I can't imagine "Destroy" is a trademark... It's even worse than "edge"


Wehtam_
User Deleted
Posted: 6th Mar 2010 18:52 Edited at: 6th Mar 2010 18:52
This is the trademark website they swear by: http://oami.europa.eu/CTMOnline/RequestManager/en_SearchBasic

Seems like "Kill" is also owned by someone...
HOW CAN YOU BUY COMMON WORDS AAARGH!??

Alucard94
17
Years of Service
User Offline
Joined: 9th Jul 2007
Location: Stockholm, Sweden.
Posted: 7th Mar 2010 02:41
People can actually trademark single words like that? Not only is it illogical but I don't see the practical point of it either. Oh well, people are silly.


Alucard94, lacking proper intelligence.
AlanC
18
Years of Service
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Joined: 28th Sep 2006
Location: Seattle, WA
Posted: 7th Mar 2010 05:50
I know Europe does have some rules that are different than American, but I would have never expect that. How is everyone suppose to remember all of those rules?

david w
19
Years of Service
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Joined: 18th Dec 2005
Location: U.S.A. Michigan
Posted: 7th Mar 2010 20:26 Edited at: 7th Mar 2010 20:26
Im going to trademark the words "it" and "the". So dont ever use them again.

Who wants "she" and "he"??? LOL
charger bandit
15
Years of Service
User Offline
Joined: 10th Nov 2009
Location: Slovenia
Posted: 7th Mar 2010 20:30
Im gonna copyright my forum name so it will be never taken again when registering accounts on games This is really dumb,how can you copyright a random word.Simple equation politics=dumbheads square.Not everyone but you can calculate most with that equation.


A.K.A djmaster
David R
21
Years of Service
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Joined: 9th Sep 2003
Location: 3.14
Posted: 7th Mar 2010 20:40
If you look up the registration for it, you'll notice:

a) It's only registered in capital letters (which makes sense. DESTROY may well be used as not just a word - could be an acronym or anything). So it's likely they would not/could not do anything if you just use "Destroy" as per the word

b) It isn't registered for use on clothing. The closest it gets is "bags for clothing"

09-f9-11-02-9d-74-e3-5b-d8-41-56-c5-63-56-88-c0
Shaun Of The Dead
16
Years of Service
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Joined: 28th Jan 2009
Location: Wouldnt you like to know :P
Posted: 7th Mar 2010 20:49
According to the link above the word "Kill" expired 09/12/2008 so i think your safe using that

Although, i dont see how single words can be trademarked, the world is going crazy and i dont know how they get away with it...

Your signature has been erased by a mod - Neither clever nor funny.
Jeku
Moderator
21
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Joined: 4th Jul 2003
Location: Vancouver, British Columbia, Canada
Posted: 7th Mar 2010 21:51
You can only trademark things onto certain wares (i.e. clothing, food stores, etc.) If t-shirts aren't on their "wares" (as David R suggests), then they probably don't have a case. I'm not a lawyer though, obviously


Senior Web Developer - Nokia
BlueKlayman
15
Years of Service
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Joined: 22nd Jun 2009
Location: Near that actor guy
Posted: 7th Mar 2010 22:12
Yeah you are some creepy old guy on the internet. :p
Yeah, I agree with Jeku and David. Check to see if T-shirts are some of the things they produce.

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