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Geek Culture / is it legal to use a name from a old toy?

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T4r4ntul4
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Posted: 14th Sep 2010 13:06
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(mods: didnt know where to post this, if its in the wrong board, you can move the topic where it belongs)

maybe strange question but its a thing where iam a little bit worried about.

thing is, iam making a Construx editor ( like the toy, but then digital ), but the name Construx is from Fisher Price.
some info: this toy was made in 1983 but discontinued in 1988.
so the question is: is it legal for me to use that name for my editor?
and if i may use that name, can i sell my product? or does it need to be freeware?

*happy coding on his 3D Construx Editor*
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MSon
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Posted: 14th Sep 2010 15:43
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If you where to use the name in a free editor, then they wouldn't chase you about it, but you said you want to sell it, there im unsure.

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IanM
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Posted: 14th Sep 2010 15:50 Edited at: 14th Sep 2010 15:55
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You may be out of luck there - there's an active trademark that was renewed in 2005 by Mattel in the UK and covers:
Quote: "Toys, games (other than ordinary playing cards) and playthings; parts and fittings included in Class 28 for the aforesaid goods; kits of parts included in Class 28 (sold complete) for making toys, games and playthings, but not including games relating to theoretical concepts."


I didn't find anything in the US, but then I didn't search very hard.

Also, it doesn't matter whether money is involved or not - if you are in violation of the trademark, then you are in violation FULL STOP.

[edit]
Just to clarify - they may be OK with you using their trademark for free (Twitter does this for example), or they may license it to you for a fee, or they may say no and sue you if you use it.

Utility plug-ins (26-JUL-2010)
I'm applying terms of use that require you to wear a red nose and honk a horn whenever you use the Internet
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Quik
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Posted: 14th Sep 2010 18:02
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isnt the only way to be sure to mail the ones who made the toy? .___.'


[Q]uik, Quiker than most
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T4r4ntul4
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Posted: 14th Sep 2010 19:38 Edited at: 14th Sep 2010 19:39
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ok, but if i rename the name to like Konstrux or Construks or whatever, is that allowed?

so iam not using the name, but only the objects from the toy.

*happy coding on his 3D Construx Editor*
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bitJericho
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Posted: 15th Sep 2010 18:29
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It's probably still infringing, because it's likely to confuse the average consumer. You should name it something altogether different, like, Builder or whatever.

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T4r4ntul4
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Posted: 15th Sep 2010 23:12
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then iam going change it back to 3D sandbox editor, i think...

*happy coding on his 3D Construx Editor*
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Quik
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Posted: 16th Sep 2010 00:04
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this also depends on if the name is patented or something like that, which would need to be checked^^


[Q]uik, Quiker than most
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T4r4ntul4
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Posted: 16th Sep 2010 00:38
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Quote: "this also depends on if the name is patented or something like that, which would need to be checked^^"


where can i check that? is it in a online database or..? and where do i need to search for?

*happy coding on his 3D Construx Editor*
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BMacZero
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Posted: 17th Sep 2010 03:10
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There is an online patent database, but you can't patent a name, so don't worry about that.


Latest progress: Fog of War implemented; frustrated by pathfinding >.>
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bitJericho
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Posted: 17th Sep 2010 12:05
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Quote: "There is an online patent database, but you can't patent a name, so don't worry about that."


But it can be trademarked...

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T4r4ntul4
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Posted: 17th Sep 2010 13:37
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ok after a search on the net, i found a site who registers all trademarks ( on the world? ). link: http://www.trademarkia.com/construx-action-building-system-75167507.html

so, the name is free right?

*happy coding on his 3D Construx Editor*
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BiggAdd
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Posted: 17th Sep 2010 14:34
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Quote: "so, the name is free right?"

I wouldn't be so sure:
http://www.trademarkia.com/star-wars-73140582.html

The name is probably free, but the style of the logo isn't.

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T4r4ntul4
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Posted: 17th Sep 2010 15:23
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star wars?? i dont understand the link there.. can you please explain the similarity between star wars and construx? or do i miss completely your point?

*happy coding on his 3D Construx Editor*
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BiggAdd
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Posted: 17th Sep 2010 16:35
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I was saying, that just because something isn't trademarked, doesn't mean you can still use it.

The Star Wars trademark (according to your site), ran out in 1988, but it doesn't mean you can freely use it.

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bitJericho
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Posted: 17th Sep 2010 16:44
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I think we need a lawyer to weigh in on this one...

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Quik
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Posted: 17th Sep 2010 16:50
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Quote: "I think we need a lawyer to weigh in on this one...
"


really? when all can be solved by a simple e-mail to them?


[Q]uik, Quiker than most
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bitJericho
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Posted: 17th Sep 2010 17:02
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Well yeah, but that doesn't answer the question in general

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Phaelax
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Posted: 17th Sep 2010 23:20
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construx! I loved those things. I made a rather effective crossbow from those.


"Any sufficiently advanced technology is indistinguishable from magic" ~ Arthur C. Clarke
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