Likeness Rights Work Arounds?
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Join Date: Dec 2007
10-27-2010, 01:34 PM
Originally Posted by
Anyone have a problem?
You're either joking around or you have no clue how copyright and trademark law works.
Long story short; I sell blue T-shirts with a red 'S' logo on them. I explain in court that my T-Shirts aren't about 'Superman' from Krypton, they're about 'Sooper Guy' from Betelgeuse. Guess what happens? I lose the lawsuit and have to pay punitive and compensatory damages (them's just fancy words that mean 'lots o moneys'),
I may end up having to pay DC's court costs and attorney's fees.
Besides, unless Cryptic/Atari's attorneys are stupider than the people that believe that your post presents an accurate depiction of the situation, I'm certain that the Foundry EULA will contain language that reads something like this: "Trademarked characters are a violation of this agreement, as are similar characters with minor changes, e.g. 'Sooperman' instead of 'Superman', or 'Captain Quirk' instead of 'Captain Kirk.'"