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Subject: 
Re: Use of LEGO on album cover... legal or no?
Newsgroups: 
lugnet.general
Date: 
Wed, 14 Mar 2001 18:34:39 GMT
Viewed: 
486 times
  
In lugnet.general, Brendan Powell Smith writes:

[snip]

Needless to say I am very disappointed.

The crux of their argument is that our album cover runs too great a risk of
creating consumer confusion.  That is a bit hard for me to believe.
Wouldn't any official LEGO product prominently display the world-famous
bright red LEGO logo in several places?  Our proposed album art did not use
that or any other LEGO logo, nor even the word LEGO at all.

According to their view, it's hard to imagine any album cover which features
LEGO in any prominence getting official permission, and that is kind of sad.

I am interested in hearing what other LUGNETers think about this case.  Does
this denial of permission seem reasonable?  Do you think the law is on their
side here?

Well, I guess I'll share a bit of my opinion on the LEGO brand, trademarks, etc.

I firmly believe LEGO is overstepping their bounds here.  The only thing
they really have going for them in this (and other) situations is that they
are a large company with a lot of money to pay lawyers.  I don't believe the
law is on their side (but IANAL), still, they could win simply because of
their resources.

I've dealt a lot with the company on a personal level and can understand
their reasons for protecting their brand name.  I still firmly believe LEGO
can (and will) be used as a medium of artistic expression, even into the
commercial realm, and can still be separated from the company which produces
the toys.

I believe LEGO is paranoid, to the point of quashing enthusiastic fans,
about their brand name.  They have a legitimate right, and need, to protect
their identity, but in this case (and others) they have taken it too far.  I
am curious, however, why they didn't quash Eric Harshbarger's desk that he
sold.  They should have been more on the ball there.

I believe LEGO is, and should be, an artistic medium unto its own.  I will
continue to use LEGO as an artistic medium in ways I deem fit - afterall, I
bought the bricks, and I own the bricks.

I happen to like the people I've dealt with in the company, but I don't
happen to like this policy.  Its just a case of a large company intimidating
individuals who want to express themselves by celebrating their products.
How's that for embracing the fan community?

LEGO embraces the fan community in many ways now, and I believe it will
increase as time goes by.  But this incident here is definitely _not_
embracing the fan community.

If LEGO can do this, what else are they capable of?

In the end, I feel quite sure that in the future LEGO will rue the day that
disaccociated themselves and their products from us.  We firmly believe that
The Human Heads will be the most widely recognized band name in the world by
2005.  @8-D

LOL!! :-D  And for that, I hope you are. :)

-Tim



Message has 1 Reply:
  Re: Use of LEGO on album cover... legal or no?
 
(...) What on Earth are you talking about? That's like saying, "I don't know why Big Lumber Company didn't sue when John Carpenter made a desk out of their wood and sold it on eBay." The album cover makes much more sense. It's pretty clear that they (...) (24 years ago, 14-Mar-01, to lugnet.general)

Message is in Reply To:
  Re: Use of LEGO on album cover... legal or no?
 
Hi, everybody. Just wanted to fill you guys in on what has happened since I first posted. A fellow LUGNETer sent me the e-mail address of someone at LEGO who deals with these sorts of things, and with whom he had dealt successfully in the past. I (...) (24 years ago, 12-Mar-01, to lugnet.general)

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