Phantast opened this issue on Apr 22, 2003 ยท 65 posts
JoeyAristophanes posted Tue, 22 April 2003 at 7:54 PM
Dodger: "You cannot copyright a machine" The BMW dealerships can of course use the trademark because they're selling BMW product that comes from BMW itself. But I doubt BMW would look kindly on someone selling knock-off beemers with the BMW logo plastered on them. And if you think "A model of a car does NOT violate trademark law because it's not the same good or service", then why did folks like Louis Vuitton and Versache go postal on companies in the Far East that were creating t-shirts that used their trademarks? At the very least, what you suggest is a tap dance around something that should just be common business courtesy: if you're gonna sell a Harley Davidson model that represents a copy of someone else's design work, then at least have the simple decency to write that "Harley-Davidson, the HD shield, etc etc, are all trademarks of Harley Davidson Inc and are used with permission". If you're gonna put the beemer logo on a for-sale model, then, again, have the simple business courtesy of writing on there "The BMW crest is a registered trademark of ___________ and is used with permission". After all, in both cases, it's not just some illustration. It's a product for sale, and if someone put up a model that used my trademark on it without my permission, you can sure bet I'd be on their ass in a second to remove it. Sorry to be so adamant about this, but it seems we get all upset when someone rips off a Poser artist and makes a tube, but we don't seem to care that much when it's ripping off a big company. In theory, DAZ (or anyone else who uses these kinds of trademarks in their MP products) isn't ripping them off because, in theory, all the licenses have been worked out. Why such a license would require a NDA seems a little silly (sorry, Cooler, but I just don't buy that for a moment), but to not even acknowledge that you're using someone else's work... that really escapes me.