collapse

* Navigation

* User Info

 
 
Welcome, Guest. Please login or register.

* Who's Online

Author Topic: Hakuna not so Matata  (Read 335 times)

0 Members and 1 Guest are viewing this topic.

Offline DreamvalleyMLP

  • Trade Count: (0)
  • Magic Fantasy Hair Pony
  • **
  • Posts: 83
  • Gender: Male
    • My Artwork
Hakuna not so Matata
« on: May 24, 2018, 07:01:32 PM »
I wanted to post this in the "what's your problem" category, but it seems to be off limits. Anyway, the below design was removed from my redbubble shop for copyright infringement as claimed by this company: https://www.loomiloo.de/Turnbeutel-Hakuna-Matata

visitors can't see pics , please register or login


When I started reading the alert I got regarding the removal, I suspected it to be a Disney claim because of the obvious Lion King reference. But no, some obscure PoD design studio in Germany actually managed to register a common saying like Hakuna Matata (notice the little R next to Hakuna Matata in the title of their offers). The fonts are all completely different, mine even has Fizzy integrated in it. Honestly, trademarking (or registering or whatever) the words Hakuna Matata for prints, and even referencing Timon and Pumbaa in their product discription? It's rediculous. I'm going to let it be, but still I'm amazed at how this legal stuff works sometimes. Hakuna Matata.
« Last Edit: May 24, 2018, 07:04:21 PM by DreamvalleyMLP »

My Artwork:
Redbubble
Teepublic
visitors can't see pics , please register or login

Offline Sapphire Rain

  • Trade Count: (+33)
  • Mommy & Baby Pony
  • ****
  • Posts: 1927
  • Ghost pony mutt with G3 alicorn companion.
Re: Hakuna not so Matata
« Reply #1 on: May 24, 2018, 09:21:38 PM »
If any company was going to copyright that saying, you'd think it'd be Disney. How'd they even manage to do that in the first place? This is all kinds of confusing to me.
Collecting: Want listSales
Ponysonas: Sapphire RainStrawberry Swirl

Offline Leave a Whisper

  • Trade Count: (+3)
  • MIB Licensing Show Pinkie Pie
  • ******
  • Posts: 10505
  • Gender: Female
  • In the Land of Dreams
Re: Hakuna not so Matata
« Reply #2 on: May 24, 2018, 09:37:13 PM »
Wow. Talk about petty.
Thanks to TheRockinStallion for my Ponysona Artless

Offline Sweet Daes

  • Trade Count: (+5)
  • Mighty Morphin Power Pony
  • **
  • Posts: 117
  • Gender: Female
  • Glitter is my best friend.
Re: Hakuna not so Matata
« Reply #3 on: May 24, 2018, 09:54:50 PM »
Wow... I don't think they can do that- I am just guessing, but this is the extent of my knowledge:

They would have to own the registered trademark for that in your home country. Like, for here in the US, that wouldn't fly because they do not own the patent on the phrase. If they are from Germany then they would have to have their stuff registered in Belgium.

But, I am guessing. I really don't know, but the biggest indicator is that the phrase is "owned" by multiple companies for different products here in the US, found while doing a cursory search. They also only have it on bags and some print, so I don't see why they would be having kittens over it.

** Could also be an automated complaint. You may be able to contest it and have it restored.

Offline banditpony

  • マイリトルポニー
  • Trade Count: (+130)
  • MOC Mimic
  • *****
  • Posts: 4970
  • ♥ タカラ ♥
Re: Hakuna not so Matata
« Reply #4 on: May 24, 2018, 11:21:16 PM »
Quite honestly... you are lucky that Disney didn't go after you.

https://trademarks.justia.com/745/58/hakuna-74558335.html (can also look up uspto.gov)
can't put Hakuna Matada on clothing... 

<_<; You are lucky Hasbro doesn't do the same thing. A lot of that looks too similar to their licensed retro vectors, and it's competing against their product.
« Last Edit: May 24, 2018, 11:23:26 PM by banditpony »
visitors can't see pics , please register or login
 

:: my etsy :: 3DS FC 1735-9876-4867

Offline DreamvalleyMLP

  • Trade Count: (0)
  • Magic Fantasy Hair Pony
  • **
  • Posts: 83
  • Gender: Male
    • My Artwork
Re: Hakuna not so Matata
« Reply #5 on: May 25, 2018, 05:40:34 PM »
Quite honestly... you are lucky that Disney didn't go after you.

https://trademarks.justia.com/745/58/hakuna-74558335.html (can also look up uspto.gov)
can't put Hakuna Matada on clothing... 

Wow. Thanks for the info, didn't know that.

<_<; You are lucky Hasbro doesn't do the same thing. A lot of that looks too similar to their licensed retro vectors, and it's competing against their product.

I am grateful for that, for sure. And I did look up a lot of information on the use of old vectors/characters. I avoid using the actual rainbow logo because that's very much protected. However, the arched title, without rainbow, isn't - it used to be, but it expired. The rainbow title and the plain arched title seem to be two different things. Mind you, I have no knowledge on legal matters of this kind, I go by what I find online. As for the characters, I assume that the old characters that haven't been reinvented (the handful of ponies we see on pretty much all the merch) are fair game, along with the old art style that has been abandoned in favor of the "new" vintage pony look? I have been considering slimming down the number of uploads and focus on the genuine eighties pony style.

I'm not making hunderds of euros/dollars per month with this, contrary to the artists focusing on G4, but I am happy with every sale and even every like that my drawings get. It's a fun hobby.

My Artwork:
Redbubble
Teepublic
visitors can't see pics , please register or login

Offline banditpony

  • マイリトルポニー
  • Trade Count: (+130)
  • MOC Mimic
  • *****
  • Posts: 4970
  • ♥ タカラ ♥
Re: Hakuna not so Matata
« Reply #6 on: May 25, 2018, 07:29:35 PM »
Take this firefly for example.
https://www.redbubble.com/people/dreamvalleymlp/works/31532577-retro-g1-my-little-pony-firefly?grid_pos=33&p=t-shirt&rbs=14fec8a3-f560-458a-ac70-bb359d8c605e&ref=shop_grid&style=mens

VS Hasbro's official Zazzle.
https://www.zazzle.com/firefly_2_t_shirt-235185996141297525

It's not about how much you are making... it's your platform. You are pretty much offering it openly to the world. Maybe consider doing one offs (like offering at a local con), or your own art style, or unique items that Hasbro isn't offering (Like people who do retro buttons)...

If you are tracing things, and keeping it the same characters, and doing it on products that is in direct competition with Hasbro... its pretty much not ok.

I'm not trying to be mean... just kind of a FYI.
« Last Edit: May 25, 2018, 07:40:07 PM by banditpony »
visitors can't see pics , please register or login
 

:: my etsy :: 3DS FC 1735-9876-4867

Offline Zapper

  • Trade Count: (+21)
  • Sweet Scoops Pony w/Charm
  • *****
  • Posts: 2083
  • Gender: Female
  • the dude in my icon is not me, sillies!
Re: Hakuna not so Matata
« Reply #7 on: May 25, 2018, 09:02:47 PM »
I wonder how that German shop managed to liscense the phrase "hakuna matata", tbh. Not even Disney should get away with that. It's just a Swahili saying. It's not unique like "S**t Happens  :)"

visitors can't see pics , please register or login
Seeking G1 SEAFLOWER
MLP Wishlist * For Sale/Trade

Offline DreamvalleyMLP

  • Trade Count: (0)
  • Magic Fantasy Hair Pony
  • **
  • Posts: 83
  • Gender: Male
    • My Artwork
Re: Hakuna not so Matata
« Reply #8 on: May 25, 2018, 09:33:29 PM »
It's not unique like "S**t Happens  :)"

I'm going to register that. And Carpe Diem. And Happy Birthday. You heard it here first!

My Artwork:
Redbubble
Teepublic
visitors can't see pics , please register or login

Offline Sapphire Rain

  • Trade Count: (+33)
  • Mommy & Baby Pony
  • ****
  • Posts: 1927
  • Ghost pony mutt with G3 alicorn companion.
Re: Hakuna not so Matata
« Reply #9 on: May 25, 2018, 09:53:12 PM »
I'm going to register that. And Carpe Diem. And Happy Birthday. You heard it here first!

I think I read something about the Happy Birthday song being trademarked by somebody, so....
Collecting: Want listSales
Ponysonas: Sapphire RainStrawberry Swirl

Offline banditpony

  • マイリトルポニー
  • Trade Count: (+130)
  • MOC Mimic
  • *****
  • Posts: 4970
  • ♥ タカラ ♥
Re: Hakuna not so Matata
« Reply #10 on: May 25, 2018, 10:05:09 PM »
I'm going to register that. And Carpe Diem. And Happy Birthday. You heard it here first!

I think I read something about the Happy Birthday song being trademarked by somebody, so....

Yep. Warner Bros.

Had to pay royalties to use it... I think that might be over now...
visitors can't see pics , please register or login
 

:: my etsy :: 3DS FC 1735-9876-4867

Offline ringwraith10

  • Lake Pirate Pony
  • Trade Count: (+18)
  • Rapunzel Pony
  • *****
  • Posts: 3592
  • Gender: Female
  • Barnacle is my first mate!
    • Video Games as Literature
Re: Hakuna not so Matata
« Reply #11 on: May 25, 2018, 10:15:41 PM »
I'm going to register that. And Carpe Diem. And Happy Birthday. You heard it here first!

I think I read something about the Happy Birthday song being trademarked by somebody, so....

Yep. Warner Bros.

Had to pay royalties to use it... I think that might be over now...

Yeah, a judge decided that the song was public domain. :)
https://www.cbsnews.com/news/happy-birthday-song-officially-recognized-in-public-domain/

Offline pinkkittywinks

  • Staff
  • Trade Count: (+445)
  • Thailand Tornado Mountain Boy
  • *
  • Posts: 27388
  • Gender: Female
  • Princess Kittywinks
    • Etsy ~ Shadow on the Moon
Re: Hakuna not so Matata
« Reply #12 on: May 26, 2018, 12:02:44 AM »
It is not a nice thing to happen and a bit of a shock :(

From what I understand of these things, redbubble, are obliged to remove it or else THEY would get in to trouble from Loomiloo's lawyers. Redbubble have to be seen to protecting against the use of copy written material, so every now and again a sweep will be done, listings removed and C&D letter sent etc.

It is worth remembering that Warner Bros. once sent a C&D letter to THEMSELVES over a piece of merchandise, talk about a jobs worth.....

Love pkw xxx

Offline DreamvalleyMLP

  • Trade Count: (0)
  • Magic Fantasy Hair Pony
  • **
  • Posts: 83
  • Gender: Male
    • My Artwork
Re: Hakuna not so Matata
« Reply #13 on: May 26, 2018, 12:33:26 AM »
It is worth remembering that Warner Bros. once sent a C&D letter to THEMSELVES over a piece of merchandise, talk about a jobs worth.....

 :silly: This made me chuckle. That's a whole new level of being in conflict with oneself :D

My Artwork:
Redbubble
Teepublic
visitors can't see pics , please register or login

Offline melodys_angel

  • Moderator
  • Trade Count: (+21)
  • Thailand Tornado Mountain Boy
  • *
  • Posts: 30759
  • Gender: Female
Re: Hakuna not so Matata
« Reply #14 on: May 26, 2018, 05:06:36 PM »
Depending on my mood, id actually fight against them, saying that its a common term and linking multiple references to back up my claim.

On the topic, happy birthday was copywrited up until recently.  People had to pay loyalties to the family that came up with it..even though it uses the same tune to 'good morning dear teacher'.

Try to figure that one out ^^'
visitors can't see pics , please register or login

TY to the respective artists for my Destiny art :)  YAY MA finally managed to re-upload her stuff!