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Nice! I know Books and Movies have first amendment protections, but some reason people debate about it for games. I remember another similar story on HN a while
by Keverw 7y ago
Nice! I know Books and Movies have first amendment protections, but some reason people debate about it for games. I remember another similar story on HN a while back and someone said they were contacted to remove a mailbox they posted to a model sharing site because it looked too similar to a real life mailbox. But as far as I know they didn't push back, but I felt that company was abusing things, especially since they sent a DMCA which doesn't cover trademark disputes - but I guess most companies don't care and will take it down if they get a notice since they feel it's the courts job to decide if it was valid or not if someone decides to fight back. I guess legally, companies just act as a middleman doing a process so they won't be held legally liable even if the notice is wrong so they can keep their safe harbor instead of picking sides.
Then I remember the case where a real life club got mad at grand theft auto. But in the end it was decided people wouldn't confuse a night club in real life with one in a virtual world. Probably would be the same for that mail or car example too. And they didn't even use the logo, the shape or colors of things can count as a trademark.