Joined: 08 Jul 2004 Posts: 1150 Location: USA - CA
Posted: Wed Aug 09, 2006 5:29 pm Post subject: Trademark violation and soon to be missing products
Recently, we received a notice from a large company claiming that their trademark was being used on products sold in the IMVU catalog. We take Trademark violation very seriously and are removing all instances of this violation of both our TOS and US law.
That's right, kids, violating a Trademark is against US law. Although this is not a policy change (see the TOS - every Developer has signed that they will not violate Trademarks specifically, as well as other forms of art protection), this recent enforcement of the IMVU TOS may have caught some people unawares. Realize that this is being done for your own protection since a person guilty of Trademark violation can be sued by the Trademark owner. So, we feel that the approach we are taking is the right thing to do and the best option for all parties.
***If any one of you sees a Trademark (read: commercial logo) used in a product, please let us know by flagging that product for review.***
Developers who made TM violations
You must understand that trademark violation is theft. No matter how cool the product is/was, that does not make it right. Please know that guilty Devs/ProDevs will be handled very strictly so as to reduce this sort of thing happening in the future.
If you are a Developer and know your products violate Trademark law (like, they include the McDonald's logo, or the Nike Swoosh, or the Air Jordan logo, or ANY trademarked art), then we are giving you two days from today to change all of your products. Starting August 12, 2006, any Trademark violation that is reported to us will be dealt with immediately.
The item will be deleted from the catalog, it will be removed from the inventory of everyone who purchased the law breaking product and punitive measures will be taken against the Developer who made the product. To be clear, Developers, you can not just hide the product - you must fix it. In this case, 'Fix' means that the catalog image, the product description, the product name and the product itself must have all instances of Trademark violation removed.
As an easier option to those of you who don't have time to fix all of your products, you may flag the item yourself (making sure to mention this when you are flagging the item) and we will disable it for you. Of course, you will lose this item forever and will not be able to resubmit it to the catalog.
Members who purchased a TM violating product
First up, be warned that all of the products you have purchased that illegally violate Trademark law will be removed from the catalog and your inventory. Since the TM violation products were submitted by 3rd party Developers, no compensation will be given from IMVU for these soon to be missing products.
PLEASE DON'T HATE IMVU! We know this is unfair to some of you so we're working on a solution that will be both fair and equitable. In the meantime, we must take action immediately. More to come on this.
This Batch 92™ Sneaker Yellow has been FLAGGED.. I dont know why?
this are the image of my created shoes...
PLease LOOK at IT..
Is this inappropriate to GENERAL AUDIENCE? PLEASE TELL ME..
and for COPYRIGHT or TRADEMARK violation... FYI the batch 92™ Series of collections and the trademark are copyrighted by me.. Because it is an original designs by me and made by scratch by me...
This Batch 92™ Sneaker Yellow was derived from an IMVU mesh KICKS..
ok so as i take of this the following will be removed
Images that are taken from trademarked items ex. Band items like t-shirts images taken off of their websites or items scanned in from their products like cd covers
Items that refrence to a product or products like the popular name final fantasy ex. outfits created as look alikes
Phrases that are taken from games, movies, tv shows, sport real life t-shirts ex. sport team jerseys
correct me if im wrong on any of these also id like to see a full list of other things which violate trademark[/list][/list]
Wait, does this mean everything cosplay and such will be taken down too? What about if you have a picture of your favorite band on a shirt, will that all be taken down??? _________________ - Everyone\'s Mad Here -
Joined: 22 May 2005 Posts: 4847 Location: USA - CA
Posted: Wed Aug 09, 2006 7:14 pm Post subject:
Linkindan wrote:
ok so as i take of this the following will be removed
Images that are taken from trademarked items ex. Band items like t-shirts images taken off of their websites or items scanned in from their products like cd covers
Items that refrence to a product or products like the popular name final fantasy ex. outfits created as look alikes
Phrases that are taken from games, movies, tv shows, sport real life t-shirts ex. sport team jerseys
correct me if im wrong on any of these also id like to see a full list of other things which violate trademark[/list][/list]
Basically anything you didn’t make yourself, isn’t deemed public domain by the creator, or do not own distribution rights to is a copyright violation.
Using the band example...
If you took a pic of the band you can use it. Using the band’s copyrighted name and logo is right out. If you got the image off the web, album art, publicity shots you cannot use it unless the band explicitly states the image may be used for resale.
No major band is going to allow distributorship to any person or company without profit sharing. Many will allow use. Use is for personal home use only. Use in no way ever is a granting of distribution / resell rights.
If you gain permission from the band and or their legal representative you must get it in writing and I’d go so far as to post ‘I am an authorized dealer for XYZs products’ in the description.
Jaime89 wrote:
Wait, does this mean everything cosplay and such will be taken down too? What about if you have a picture of your favorite band on a shirt, will that all be taken down???
Considering City of Heroes got slaped with a huge lawsuit from Marvel to cease and desist the practice by it’s users using their characters likenesses or close down I’d say that may be a strong yes. _________________
Last edited by on Wed Aug 09, 2006 7:26 pm; edited 1 time in total
Well this kinda sucks, but I can understand why it's being done.
At least I know I'm safe. I have a shirt with my favorite singer on it, but my best friend took the picture.
I just hope developers replace their items rather than delete them. I mean, I have a lot of stuff. Like, the entire Alice in Wonderland cosplay, and a few band t-shirts. It was all a lot of money. _________________ - Everyone\'s Mad Here -
Last edited by on Wed Aug 09, 2006 7:19 pm; edited 1 time in total
Joined: 01 May 2006 Posts: 3634 Location: USA - CA
Posted: Wed Aug 09, 2006 7:52 pm Post subject:
XXxxBeautyxxXX wrote:
I agree 40 % with this. But can we at least have a delete product button? Many people dont want to fix it. They just want it gone
Matt wrote:
As an easier option to those of you who don't have time to fix all of your products, you may flag the item yourself (making sure to mention this when you are flagging the item) and we will disable it for you
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