Creating a Product, Copyright issues?

4 replies
Warriors,

I have a friend who is looking to create a product to market on Clickbank and he came to me for advice. I am stumped though!

He wants to create a gaming guide for an up and coming popular online video game, currently there are no guides. Basically it would be "(Video Game Name) Leveling Guide"

I remember this article, and I am not sure if it would apply in this scenario:

Lawsuit Summary - Zynga Game Network, Inc. v. Tony Sanders dba Mafiawarsblueprint.com dba Farmvillesecrets.com dba Rollercoasterkingdomsecrets.com dba Cafeworlddomination.com dba Fishvillesecret.com dba Fvsecrets.com et al
#copyright #creating #issues #product
  • Profile picture of the author onSubie
    Hi

    Of course if you have serious legal questions, you should always consult a lawyer.

    I believe the link above involves copyright infringement from using trademarks in the domain names. You see the defendants are all 'doing business as' entities identified by domain names and all have trademarks in them: Mafiawarsannihilation.com, Farmvillegamecheats.com.

    Using a trademark for a book about copyright material such as a review or user guide generally falls under "fair use". SO you could write book called "How to Take Care of your Corvette", without infringing on the car manufacturers trademark.

    But it still depends on how aggressively the tradeark owner wants to pursue their case. JK Rowling, the author of Harry Potter sued a publisher of a guidebook published by a fan, The Harry Potter Lexicon. The fan had run a web site without any objection but when he tried to publish the fan site's content as a book, he got sued.

    Mahlon
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  • Profile picture of the author amarketing
    I think one of the things that seems to trigger a lot of the problems is if your are profiting or not from the trademarked name. I would consult a patent/copywrie/trademark atty. before beginning work on the project. It's best to consult with professions on matters like these and it wouldn't be to great to put forth a lot of work on a project only to find out that you have to abandon it. It's better to find out ahead of time.
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  • Profile picture of the author RySpencer
    Thanks guys, my friend did end up contacting an attorney.

    Basically he got the same answer that onSubie gave. As long as it is "The Complete Awesome Guide to XXXXXXX" it should be ok. He will also need to make mention that the game has it's own registered trademarks and he is in no way affiliated.
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  • Profile picture of the author RefundHost
    Why not have the attorney EARN HIS MONEY
    and contact the legal dept of the company
    stating the guide is by a fan for others
    and run over the name choices with the
    owners of the game ... and set your friend
    up for being on of their friendly network
    and where thy can ADVERTISE new stuff.
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