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Can I print shirts with graphics resembling old video games?



 
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Old February 28th, 2009 Feb 28, 2009 5:32:14 PM -   #1 (permalink)
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Default Can I print shirts with graphics resembling old video games?

I just got a few ideas based on old Nintendo games, like Mike Tyson's Punch Out? The graphics would be created using similar fonts and I wanted to know if Nintendo still held copyrights on games they no longer sell. I know it's best to consult a lawyer, but considering costs, I'd like to get your opinions first. Do you think it would be an issue to make shirts like this? Thanks everyone!
 
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Old February 28th, 2009 Feb 28, 2009 8:04:10 PM -   #2 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

if it's a reference or a parody of the name or something I think you would be ok. I make shirts for Earthbound, phoenix wright, and chrono trigger and I haven't had problems with any of them. I don't use the name of the game on the shirt.
In doubt ask a lawyer, but i'd say you are probably alright.

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Old February 28th, 2009 Feb 28, 2009 8:26:06 PM -   #3 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

Thanks Scott,

It will definitely be a parody and I'm not going to use the exact words. It say Punched Out instead of Punch Out but be in a similar font with boxing gloves.

I had some other good ideas using Mario and the Pillsbury Doughboy but I those are off limits considering they are still used to market products.
 
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Old March 1st, 2009 Mar 1, 2009 7:20:33 AM -   #4 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

Quote:
Originally Posted by RhinoAmato
I wanted to know if Nintendo still held copyrights on games they no longer sell.
Absolutely. Think of the longest duration that could ever possibly be reasonable for copyright, then double it. You're now at half the time it actually lasts

Quote:
Originally Posted by RhinoAmato
I'd like to get your opinions first.
Our opinions suck. We're all "Hey, it's not my company... do whatever the hell you want." And Nintendo are all "Pew pew pew, hahaha, I sue you!!!"
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Old March 1st, 2009 Mar 1, 2009 8:27:48 AM -   #5 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

How to large companies like Johnny Cupcakes get away with poking fun at the Jordan logo. Is it because he changed it enough to include a chef dunking a cupcake? I thought if any company would sue Nike would be one for sure.
 
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Old March 1st, 2009 Mar 1, 2009 8:32:45 AM -   #6 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

Quote:
Originally Posted by RhinoAmato
How to large companies like Johnny Cupcakes get away with poking fun at the Jordan logo. Is it because he changed it enough to include a chef dunking a cupcake? I thought if any company would sue Nike would be one for sure.
Maybe they are and we just don't know about it. or maybe Nike owns them, who knows.

The only way for you to know for sure if you can do what you want to do is ask an attorney.
 
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Old March 1st, 2009 Mar 1, 2009 8:33:38 AM -   #7 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

Quote:
Originally Posted by RhinoAmato
How to large companies like Johnny Cupcakes get away with poking fun at the Jordan logo.
Big brass balls, and lawyers.
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Old March 18th, 2009 Mar 18, 2009 1:39:35 AM -   #8 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

in the interview he seid, because its a parody
 
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Old March 18th, 2009 Mar 18, 2009 2:44:38 PM -   #9 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

Right, but I'm guessing parody is hard to define and there is a fine line between it and violation.
 
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Old October 26th, 2009 Oct 26, 2009 4:55:59 PM -   #10 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

isnt all publicity good publicity? i mean if Nintendo or whoever told you to remove your design from production this would 1) make that shirt sort after and 2) bring your company lots of attention
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Old October 26th, 2009 Oct 26, 2009 5:37:19 PM -   #11 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

Quote:
Originally Posted by tonygraystone
isnt all publicity good publicity?
For the most part, I would agree with that. But do you really think Nintendo's attorneys sending a cease and desist letter to a random t-shirt company will make the evening news? I'd imagine C&D's get sent out every day, and no one ever knows about them.

Quote:
Originally Posted by tonygraystone
i mean if Nintendo or whoever told you to remove your design from production this would 1) make that shirt sort after
What good would that do? If Nintendo forces production to stop, you wouldn't be able to supply the demand anyway.

Quote:
Originally Posted by tonygraystone
and 2) bring your company lots of attention
I think you're overestimating the value of receiving a C&D or being sued. If a company can afford a long drawn out legal battle with Nintendo, then it would attract attention. But if the company can't afford that, then this situation gets resolved real fast... C&D sent, production stopped... end of story.
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Old October 26th, 2009 Oct 26, 2009 7:45:48 PM -   #12 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

Probably right,

but how about if the case was debatable, and you could spin a 'david vs goliath' story with local media.

Id never expect to win anything but thats the kind of attention i had in mind
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Old October 26th, 2009 Oct 26, 2009 7:51:15 PM -   #13 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

If you're capable of that type of media spin, why not just try straight up marketing within your target niche? Makes more sense than getting sued by Nintendo just to get some press.
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Old October 26th, 2009 Oct 26, 2009 9:26:14 PM -   #14 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

I own a card company as well as tee shirt co. I sued a company for using the same name as our card line and won. Factors: you have to change at least 10% of the design to be different. No popular tag lines or logos can be used . Parodies have to be VERY obvious, and they are still not totally protected. Ultimately it will be the judges decision if enough change has been made and if copyright has been infringed upon. SNL does it all the time ...but who wants the bad press of being no fun and sueing SNL ?
It will always be a gamble...the law is not black and white .
 
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Old October 28th, 2009 Oct 28, 2009 11:19:39 PM -   #15 (permalink)
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Default Re: Can I print shirts with graphics resembling old video games?

I accept the longest duration that could ever possibly be reasonable for copyright, then double it.
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