3 ms·

Fantastic work, very cute - but you'd better get on renaming the project ASAP to avoid a cease + desist. Nintendo does not take kindly to even the most casual

Fantastic work, very cute - but you'd better get on renaming the project ASAP to avoid a cease + desist. Nintendo does not take kindly to even the most casual use of their trademarks, even in FOSS projects.

kbenson 8y ago
Is NES trademarked as well as Nintendo? I would think as long as the word "Nintendo" itself is avoided it should be fairly safe.
- lostgame 8y ago
  Of course, do you not think they'd have that covered? ;) https://trademarks.justia.com/858/08/nes-85808681.html https://trademarks.justia.com/858/08/nes-85808681.html
  - mantenpanther 8y ago
    Relevant is the scope ("Goods And Services"), which seems to be: "Downloadable multimedia files, namely, video games; downloadable electronic game programs; downloadable electronic game software; electronic game programs; electronic game software; video game programs; video game software" So a CSS-framework named NES should be OK.
    - nathancahill 8y ago
      Knowing how this things are argued in C&D letters, I wouldn't put it past them saying the a CSS framework is a downloadable multimedia file. They don't have to be right to send the letter.
      - mantenpanther 8y ago
        In this case the focus is pretty clear on games/computer programs ("multimedia files, namely, video games"). But agreed, it probably would not be worth it to stand against a giant as small dev/company for a fun project.
        deleted 8y ago
        [deleted]
    - dalore 8y ago
      A lawyer could argue that css is downloadable multimedia files.
- arfar 8y ago
  I think even if it wasn't trademarked, they'd likely look into Passing Off (or whatever equivalent laws are present in the country they would decide to proceed with legal action is available), given the exact same name and style of a Nintendo product is being used. There is also copyright in the design and layout of the NES interface, which has obviously been copied (it's the whole point of the project!), there's likely another option there.
  - LocalH 8y ago
    There is no “NES interface”. It’s all just code written by each individual dev team, using assets created by their art teams. I don’t really think there’s anything that actually exists that could legally be called “the NES interface” when it comes to design rights

kbenson 8y ago

Is NES trademarked as well as Nintendo? I would think as long as the word "Nintendo" itself is avoided it should be fairly safe.

lostgame 8y ago
Of course, do you not think they'd have that covered? ;) https://trademarks.justia.com/858/08/nes-85808681.html https://trademarks.justia.com/858/08/nes-85808681.html
- mantenpanther 8y ago
  Relevant is the scope ("Goods And Services"), which seems to be: "Downloadable multimedia files, namely, video games; downloadable electronic game programs; downloadable electronic game software; electronic game programs; electronic game software; video game programs; video game software" So a CSS-framework named NES should be OK.
  - nathancahill 8y ago
    Knowing how this things are argued in C&D letters, I wouldn't put it past them saying the a CSS framework is a downloadable multimedia file. They don't have to be right to send the letter.
    - mantenpanther 8y ago
      In this case the focus is pretty clear on games/computer programs ("multimedia files, namely, video games"). But agreed, it probably would not be worth it to stand against a giant as small dev/company for a fun project.
      - deleted 8y ago
        [deleted]
  - dalore 8y ago
    A lawyer could argue that css is downloadable multimedia files.
arfar 8y ago
I think even if it wasn't trademarked, they'd likely look into Passing Off (or whatever equivalent laws are present in the country they would decide to proceed with legal action is available), given the exact same name and style of a Nintendo product is being used. There is also copyright in the design and layout of the NES interface, which has obviously been copied (it's the whole point of the project!), there's likely another option there.
- LocalH 8y ago
  There is no “NES interface”. It’s all just code written by each individual dev team, using assets created by their art teams. I don’t really think there’s anything that actually exists that could legally be called “the NES interface” when it comes to design rights