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Trademark Infringment Question

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strife03

Junior Member
What is the name of your state? South Dakota

Hi, the situation is this, there is a game that was programmed as a hobby by somone and distributed for free on the internet. The game is a wrestling simulator and it has several real companies included in it. One of the companies contacted the author and made the following arguement

'[Company Name Removed] has recently acquired evidence that you are infringing on a large number of our trademarks, specifically, by offering a fantasy wrestling game on your http://promotionwars.co.uk website, which uses numerous [Company Name Removed] trademarks (please note that [Company Name Removed] also owns the [Company Name Removed], [Company Name Removed]and [Company Name Removed]trademarks. Use of these trademarks in your fantasy wrestling game will confuse consumers as to the source from which these products originated, and will be led to believe that these products have been made, approved, or sponsored by WWE. Therefore, your offering of this fantasy game constitutes actionable trademark infringement, counterfeiting and dilution in violation of trademark and criminal law and unfair competition law.

In the interest of avoiding costly legal proceedings, we demand that you:

1. immediately and permanently remove all [Company Name Removed]trademarks from the Fantasy Wrestling Game that is posted on your www.promotionwars.co.uk website;

2. confirm in writing that you have complied with all of [Company Name Removed]'s demands by signing and returning a copy of the Acknowledgement and Agreement included below.

The demands made herein are not made to the exclusion of other remedies to which [Company Name Removed] is entitled and [Company Name Removed] specifically reserves the right to seek all remedies available to it under federal and state law as a result of your infringing activities. In addition, by signing this document in the space provided below, and agreeing to cooperate as set forth herein, you represent that you are authorized to act on behalf of [Name Removed].

If we do not hear from you by August 2, 2004, we shall be forced to take further legal action.'

At the begining of the game before you see anything else full screen in big black and white bold letters this disclaimer is displayed for about 5 seconds

'This game is unnofficial and has no connection with the featured artists or their buisness organizations. This game is free and should not be distributed for any amount of money.' Now then that clearly states that they are in no way affiliated with wwe or any other's in the game.'.

Now he took it down and complied but I was wondering is what they did legal? I mean first their statement that it confuses people making them think that their company sponsored it seems to be a gross mistatement to me. Also is what he did illeagal? He made a game and distributed it for free. He had nothing to gain from it. Anyway the reason im asking is im programming a simulator similar to it (hasnt been released yet) and I dont want to run into the same problems. The big problem is that the company that emailed the above author is the biggest and almost the only national (and I think the only global) company currently televised. Thats a huge problem since alot of the fanbase for this style game is in the UK. Anyway if you can let me know that would be great.

-full unedited letter at: http://promotionwars.co.uk (posted august 10th)

Thanks for any help/advice
 


racer72

Senior Member
This is a classic case of copyright infringment. This company is known for defending themselves (Mr. McMahon spent over $10,000,000 fighting the World Wildlife Fund and he lost) and they will come after you. They also have contracts in place with other companies and they are worth millions. If you want to take on a bunch of high powered New York attorneys, go for it. They will come after you bringing civil and criminal charges against you. Being as your product is available across state lines the FBI could be brought in. The real question is, how much money are you willing to spend defending yourself?
 
J

J. Michael

Guest
"This is a classic case of copyright infringment."

Nonsense. This has nothing at all to do with copyright infringement. And depending upon the specifics, it might or might not be a case of trademark infringement or unfair competition.
 

racer72

Senior Member
J. Michael said:
"This is a classic case of copyright infringment."

Nonsense. This has nothing at all to do with copyright infringement. And depending upon the specifics, it might or might not be a case of trademark infringement or unfair competition.

Are you that stupid? What do you call using copyrighted images and trademarks without permission? It sure in the hell isn't considered fair use. Either the OP complies or get squished like a bug. Its his choice.
 
J

J. Michael

Guest
"Are you that stupid? What do you call using copyrighted images and trademarks without permission? It sure in the hell isn't considered fair use. Either the OP complies or get squished like a bug. Its his choice."

I didn't notice anything in the original post about using copyrighted images. The terms 'copyright' or 'image(s)' are not even found in the original post. If you give people advice, please at least learn the difference between copyright law and trademark law.
 
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strife03

Junior Member
In Mr. Jennings game there are images however of the old WWF logo (which as mentioned above the WWE had to change). Does that count as an trademarked image?
However in my game there arent any Images...would I still be liable for lawsuit with just wrestler names?
 
J

J. Michael

Guest
In Mr. Jennings game there are images however of the old WWF logo (which as mentioned above the WWE had to change). Does that count as an trademarked image?
However in my game there arent any Images...would I still be liable for lawsuit with just wrestler names?
Whether or not you can use someone else's mark depends upon the context and purpose. Using the actual logo makes it harder to defend legtimately. The logo, if it is minimally creative, can also be copyrighted. You also refer to names of wrestlers. That is a matter involving state laws regarding publicity rights. There might be a way to write your game and not get in trouble, but that discussion is not for a general forum.
 

strife03

Junior Member
Is there anyway I can discuss this with somone (way to write the game like stated above without getting in trouble) without having to hire a lawyer? Im just a very poor college kid trying to make a game for a ecommunity.
 
L

LittleNapolean

Guest
Create fictitious company names and logos in place of the real company names and logos that you used.
 

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