[Walsfer]

I am about to finish up my first design(very excited!!) and I have started to wonder if I am in violation of a trademark or copyright. I know true legal advice cannot be given but I am going to ask anyways.

My design includes the old nintendo controller

[URL]http://images.google.com/images?hl=en&q=nintendo+controller&gbv=2[/url]

The thing that is different is that I wasnt planning on including the word nintendo on the controller. I just wanted to have that image of a controller on the shirt. Does anyone think I might be violating a trademark or copyright since I am removing the word nintendo from the shirt?

I have been trying to get a hold of Nintendo to discuss this issue but they are not very helpful...

 

[Gort]

So is the design exactly like the Nintendo control except for the word Nintendo?

Are you using the same color scheme and button layout?

I know Nintendo did have a patent on the cross layout on the left side of the controller. That is why you don't see other controls quite like theirs. I'm not sure if that patent is still in effect.

So I guess if they wanted to pursue something against you they may have a case. I would change the controller more to where it would be recognizable as a classic NES style controller but not an exact Nintendo one.

Take this advice with a huge grain of salt. I'm no lawyer and could (and quite probably) be completely wrong.

I have seen designs where all they did was change the word Nintendo to NineTenDo or something weird like that. Not sure how legit those shirts were either.

 

[Rodney]

Some people will say yes, and some people will say no.

Even if 1000 of us said "sure, it's fine" or "don't do it". Neither answer will stop you from getting sued or will be of any help to you if legal action is taken by nintendo.

It's up to you to decide what you want to do. If you don't have an answer from the source, then getting an answer from paid legal help would probably be the next step.

I'll close this out. Since it's a legal question, there's not much we can do to help you here with it.