Subject:
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Re: Brick Testament in Trouble?
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Wed, 26 Feb 2003 17:25:38 GMT
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Viewed:
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564 times
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In lugnet.off-topic.debate, John Neal writes:
> In lugnet.off-topic.debate, Scott Arthur writes:
> >
> > > Grumble. Well, your assessment is correct (based on precedent), but I
> > > still don't like it!
> > > Here's a more abstract question--if I buy a LEGO product, am I
> > > automatically entering into a "fair use" contract respecting TLG's ideas of
> > > propriety? Would this hold true even if I were a minor? Or how about if I
> > > used Best-Lock or Coko or Oxford figures, which at a glance are
> > > indistinguishable (to the uninformed viewer) from true LEGO minifigs?
> > > Here's another hypothetical; Suppose I use MegaBloks to make a huge mosaic
> > > based on a graphic pornographic photo, and suppose that my mosaic is
> > > popularized via Internet word of mouth as "that dirty picture made with
> > > LEGOs," can LEGO take any action against me? How about if I include a
> > > disclaimer at the top of the page?
> >
> > Call it "art", and you can do what you like! ;)
>
> I'm glad you put a winky there-- that is one of my hot buttons-- "artists"
> hiding behind the First Amendment while they purvey filth and obscenity-- and
> then *I* have to support it! (NEA in the US)
> >
> > Is there a right to free speech in Legoland?
>
> What about TLC's rights? You know, there are laws against publically speaking
> lies about people-- speech really isn't "free". You have the right not to have
> your name publically impuned by someone else. TLC has the right not to have
> their trademarks (for which they paid handsomely) impuned by others. In the
> case of the BT, BPS is using a specific trademark of TLC-- it is an open and
> shut case.
When I had a run-in with the legal dep't many years ago, it was because I
used the name LEGO, and their logo in my movie, as well as some other names
that they had trademarked. They said that if I removed the names and logos
from the movie, everything would be fine. I don't know if they can actually
trademark a MOC--so as long as BPS hasn't used the name "LEGO" or any other
TLC trademarked name on his site, I don't think it is an open and shut case.
It's like that video that whatisgroup did a while back, that was made
entirely of bricks--could TLC 'ban' that video? I dunno.
Anyway, if others know more about trademark laws and such, I'd like some
clarification.
> In the case presented by Dave! the issue isn't so clear. A large sculpture of
> purely bricks could possibly *not* be LEGO (rather a clone) and so their case
> may be more tenuous.
IIRC, the reason that other brands can make a 2x4 brick, is because the
patent on the 2x4 brick has expired, so even if some sculpter was made out
of pure LEGO, TLC couldn't stop the display, as long as the LEGO name wasn't
used in the literature. Again, I could be wrong. It would be like the
Chrysler company taking that artist who welds up dinosaurs out of Chrysler
parts to court--parts is parts. Can the company claim trademark
infringement on art *if* the name of the company does not appear? I dunno.
>
> In that case they'd probably resort to Plan B-- sue you anyway and lawyer you
> to death;-)
>
> JOHN
Dave K
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Message has 2 Replies:
 | | Re: Brick Testament in Trouble?
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| (...) Most of BPS's scenes in the BT *aren't* MOCs, but rather pics of minifigs with talk bubbles, and some cases they are in rather offensive poses (to which, no doubt, drew the pedaphiles). The *minifig* is most definitely a trademark of TLC, and (...) (21 years ago, 26-Feb-03, to lugnet.off-topic.debate)
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Message is in Reply To:
| | Re: Brick Testament in Trouble?
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| (...) I'm glad you put a winky there-- that is one of my hot buttons-- "artists" hiding behind the First Amendment while they purvey filth and obscenity-- and then *I* have to support it! (NEA in the US) (...) What about TLC's rights? You know, (...) (21 years ago, 26-Feb-03, to lugnet.off-topic.debate)
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