Universal's legal action against 11th Hour
POSTED BY: CABridges
UPDATED: Monday, November 13, 2006 09:47
VIEWED: 59280
PAGE 13 of 17
Quote:If that's the image they are talking about they're probably going with the Derivative work thing. It's in a comparitive style and based on the film Serenity and the FireFly universe. As I said earlier even completely original works if based on a copyrighted franchise are derivative.
Originally posted by 11thHour:
Now y'all take a look... is this image a copy of the Serenity movie logo?
Both the English and Chinese words "serenity" are still legal to use, even if you put them together. The image does stand on its own, even for someone who never saw the movie.
Words can't be 'copyrighted' in so much as they can't sue people for using the word Serenity, but they can be trademarked.
I imagine that they're arguing the above is a derivative work and breaks trademark. Derivative work may be hard to prove, given that words aren't in themselves copyrightable, but trademark would be somewhat easier.
More insane ramblings by the people who brought you beeeer milkshakes!
No one can see their reflection in running water. It is only in still water that we can see.
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
You can actually search the patent and trademarks office and as of 2 months ago the words/symbols Serenity, Firefly and Browncoat was not trademarked by Universal. www.uspto.gov. Is there such a thing as implied trademark, like a copyright, you don't have to register your work. A funny FYI there is a trademark on Serenity Valley Organics. I wonder if they're Browncoats?
I aim to misbehave!
Firefly items:
For lapel pins and badge holder lanyards
e-mail FireflyGal1@hotmail.com
www.outtotheblack.com
www.cafepress.com/fillies
www.cafepress.com/mssquarepeg.com
www.cafepress.com/mrsquarepeg.com
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
In SA we have what is called "unregistered" trademarks. Even if not officially registered, some proprietary rights can still exist.
NOT FAIR
Burn the land and boil the sea...
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
Once upon a time a company would give away, for free, promotional items to give them exposure to the public. Some where along the line that changed. Corporations found that they could make money selling promotional items. I suspect that this shift took place in the eighties when greed reigned supreme, but that's my opinion. It is common knowledge that Harley Davidson makes motorcycles, but the lion's share of their profits are from selling promotional items.
The idea that I have to pay to advertise someone elses product riles me no end. It tells me that the company selling a T-shirt promoting themselves is so big that they want only one thing from me, my money, to hell with that. If the core product is worthy then I might buy that. I might buy a Harley motorcycle, but I won't buy a Harley T-shirt. So who is pushing the move to squeese out the small business owners? Corporations. Who are the ones doing the pushing for the corporations. Lawyers. It is in these times I have to quote the Bard.
"The first thing we do, let's kill all the lawyers".
- William Shakespere (From Henry the VI Act IV, Scene II).
I regard lawyers as a necessary evil in a society where the rule of law is still worh something, but they are still evil and power corrupts.
Scorpion Regent
NOTIFY: N | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
11th Hour: I can state on my part that the e-mails I sent were not angry or disrespectful in any way. I know that acting in such a manner would do more harm than good and I would never want to jeopardize a fellow Browncoat.
"Well, my days of not taking you seriously are certainly coming to a middle." http://whimsicalnbrainpan.blogspot.com/
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
Hey Universal! I play acoustic guitar every friday night @ my sister's coffee shop. I play the Firefly theme song and we're workin' on some stuff from Serenity with our fiddles and mandolins! COME GET US! 
HAHAHAHAHA!
Dumbass 
Kain
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
*hugs 11thHour*
Hopefully this will all get resolved soon! And you are absolutely right. Chances are this was someone in the legal department who didn't have an idea what really was happening.
*takes a big drink out of my shiny 11th Hour art coffee mug*
Keep the faith and know that we're all behind you. Just say the word.
NOTIFY: N | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
Colonial Williamsburg has copyrighted their specific letter "W". It is a logo placed on every darned thing there. A motel or something like it in Williamsburg apparently got a little too similar in painting its sign and had to redesign or be sued.
CW paid a lot of money for some artiste/marketing genius to make their particular swoopy letter and they are not willing to share. Period. Excepting maybe if you pay them a lot of money for the honor. I'd be too afraid to ask, myself.
They own "their" letter W, not THE letter w.
It's probably not that the word serenity or the characters *themselves* are copyrighted, more that it's a little too much of the "flavor" is too close to what's legally theirs. If you did it all in bubble letters you'd be fine. I think.
Talk to Nike and then look at a check mark. Coincidence?
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
Quote:
Originally posted by Kain:
Hey Universal! I play acoustic guitar every friday night @ my sister's coffee shop. I play the Firefly theme song and we're workin' on some stuff from Serenity with our fiddles and mandolins! COME GET US!
HAHAHAHAHA!
Not to rain on your day Kain but this is not only illegal but something that music companies have been cracking down on of late. Most of the small places I go hear music (in and around SF) have POSTED signs prohibiting covering any song because about because the ASCAP sues the bars/clubs/coffehouses where they're performed for damages. At my fav venue to listen to independent live music they've started to require artist sign a statement promising not to play a cover in before they can even go up for open mic. (yea, I wish I were kidding)
I'm right there with you in saying it sucks, I just don't want you to tempt fate too much by saying come and get me.
(article about being sued for covers and just how maddening that can be)
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2003
/12/03/BUGL13CH5H26.DTL
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME
I used to play a collectable card game called "Legend of the Five Rings" about fuedal Japan and mastering the five elements towards enlightenment. Their symbol was five gold rings forming a circle.
They were sued by The Olympics for having 'five interlocking rings' not five different colored rings in two rows, but 'five interlocking rings'. The Game lost and had to redesign their logo after printing cards for years with the original logo on the back.
Copyrights go way too far sometimes. This is one of those times.
"But you sleep like a ghost with me
It's as simple as that
So tell me I'm mad
Roll me up and breathe me in
Come to my madness
My opium den
Come to my madness
Make sense of it again."
Goodbye to all that. III-The Opium Den (Brave)-Marillion
visit WWW.Marillion.com for a better way of life.
NOTIFY: Y | REPLY | REPLY WITH QUOTE | PERMALINK | TOP | HOME