Trademark violation?

[Mouseferatu]

Wow. Okay, I realize that ENWorld doesn't have a lot of control over what ads appear on the site, but... I can't imagine any way in which the latest "sim strategy game" ad is not a violation of DC Comics' Wonder Woman IP.

I'm not a lawyer, and of course I could be wrong, but I'm pretty sure it's legally actionable. I'd hate for ENWorld to get caught up in that, if/when it happens.

 

[Mouseferatu]

Attached, for those who haven't seen it. It's even got the stars on the crotch, for Pete's sake.

 

[Thornir Alekeg]

No, no, there is no similarity there. The woman in this ad is Roman. Wonder Woman is Greek.

Seriously, I agree with you. The color scheme, the star on the tiara; just a little too close.

 

[Morrus]

It's Google's problem; I'm sure they can look after themselves. If the ad is showing here, it's showing on every vaguely geek-themed website on the internet!

 

[Dannyalcatraz]

Yeah...if their Legal department sees that, there will be a C&D from DC...to that company. Since they can't really control the ads (so I've been told), ENWorld would be in the clear.

 

[Mouseferatu]

Yeah...if their Legal department sees that, there will be a C&D from DC...to that company. Since they can't really control the ads (so I've been told), ENWorld would be in the clear.

What's the official term for this sort of IP/trade dress violation? I used the term "trademark" in my post, because I couldn't think of a better one, but a visual representation like that isn't exactly a trademark, is it? (Or maybe it is, and the term's just broader than I thought.)

 

[LightPhoenix]

It's one of those Civony/Evony ads, I'd bet money on it.

 

[Dannyalcatraz]

What's the official term for this sort of IP/trade dress violation? I used the term "trademark" in my post, because I couldn't think of a better one, but a visual representation like that isn't exactly a trademark, is it? (Or maybe it is, and the term's just broader than I thought.)

Most of what I saw there is basic copyright infringement, since Wonder Woman is a copyrighted character.

Trademark can include visual elements that help identify a product as being part of a company's product line...like British Petroleum's "BP" and green/yellow "sunflower" logo, McDonald's "Golden Arches" and so forth.

So, there could also be trademark issues as well. Despite changes over the years, her costume has included the same elements, so, like Superman and his "S" emblem on his chest, DC may hold a trademark in some of the elements that appear in her costume...along with the symbols for many of their other characters, like The Flash, Green Lantern, Batman and many, many more.

And much like copyright violation, this kind of violation is imaginatively called trademark violation.

I tell you what- I'd love to be in the gallery for that hearing. I mean...they didn't even TRY to disguise their..."inspiration."

 

[renau1g]

Why would they? They're in China, where IP doesn't mean anything.

The World's Greatest Fakes - 60 Minutes - CBS News

 

[Dannyalcatraz]

In the past few years, China has gotten a bit more rigorous in its enforcement of IP...because the pirates are going after home-grown IP holders as well as that of people in other countries, which is harming China's economy.