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IKEA made a mod for Skyrim [video]

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Re: IKEA made a mod for Skyrim [video]

#91

Earlier quoted context omitted.

Trademarks are lost when they are not defended. That is entirely separate from fair use in copyright law.

This is an often repeated statement online (like “fiduciary duty”) that way over emphasizes the risk. Parody media poses absolutely no risk to their trademark, not even a tiny bit of incremental “damage.” Companies don’t need to be bulliest the vast majority of the time they act like one. We need to stop parroting this excuse for them.

A bit of a tangent to Weird Al, who often is said to not need the permission of the original artist because his songs are parodies, usually isn't commenting on the actual content of the original song but instead takes the lyrics and gives them a different theme. 'Smells like Nirvana' is one of the few songs he does that actually does directly parody the original. His videos are far more parody than the songs themselves. Makes me wonder where the legal line actually is drawn and if asking permission is actually because it would be too risky not to.

Re: IKEA made a mod for Skyrim [video]

#92

IKEA bullied the developer of the indie game The Store is Closed into gutting the whole game. [0] It’s a shame how people can even acknowledge, let alone applaud IKEA’s “funny” gaming-related ad after their successful meddling with SCP folklore, not to speak of the chilling effect their actions may have had on indie gaming. [0]: https://www.escapistmagazine.com/the-store-is-closed-indie-s...

Is it possible that that influenced IKEA's decision to make the Skyrim mod in OP? That way, they have a stronger trademark case, because it's more likely for a consumer to confuse the fake IKEA game with the real one.

Re: IKEA made a mod for Skyrim [video]

#94
post #57
post #51

Earlier quoted context omitted.

This is a tough one. The main culprit here is that trademwark law forces the trademark owner into an active defense posture to avoid losing the trademwark. This is very different from patents or copyright. So, in a way, IKEA was forced to write that nasty letter to the developer. Still, it's obvious fromo the published game footage that the developer was trying to walk a line between referencing IKEA and calling them…

It sounds like they mostly did something like that: > The lawyers then tell the developer, “You can of course easily make a video game set in a furniture store that does not look like, or suggest, an IKEA store.” The presumed game development experts go on to explain, “You can easily make changes to your game to avoid these problems, especially since you do not plan to release the game until 2024.” (from https://kota…

They did that, but I think the 10 day deadline is quite heavy-handed. Also, would it be too difficult to offer a review and critique of a revised design (draft) to make sure that the matter can be resolved without further escalation?

Re: IKEA made a mod for Skyrim [video]

#95
post #72
post #60

Earlier quoted context omitted.

Just waiting for The Coca Cola company to sue Bethesda for having Nuka Cola.

Why? There are a lot of colas around the world.

Whom they often sue. 100% they would would consider the logo/branding/bottle infringing if they were a competing product.

Re: IKEA made a mod for Skyrim [video]

#96
post #33

The concept reminds of Chex Quest, a Doom total conversion based on Chex, the cereal brand. I loved playing it when I was 8 or so. https://en.wikipedia.org/wiki/Chex_Quest

Even I've heard of Chex Quest and the brand has never been available in my country.

Interesting lesson there. No one hates marketing tie-ins when you make something genuinely fun, i.e. that people want to play. Opposed to forcing a distraction.

Re: IKEA made a mod for Skyrim [video]

#98
post #60

Earlier quoted context omitted.

Trademarks are lost when they are not defended. That is entirely separate from fair use in copyright law.

Just waiting for The Coca Cola company to sue Bethesda for having Nuka Cola.

They’ll probably want to go after Jones Soda first. :eyeroll:

https://www.amazon.com/Jones-Soda-Fallout-Nuka-Cola-Flavored...

Re: IKEA made a mod for Skyrim [video]

#99
post #84
post #64

Earlier quoted context omitted.

That's mentioned in the article: > Further, there’s at least the possibility on the part of the developer to claim that such usage is a “parody,” with parody and satire protected at the highest levels of American law through the application of First Amendment freedom of speech rights. However, courts will often require actual commentary to be made in order to extend such protections. In that way, a store name like “I…

see https://en.wikipedia.org/wiki/Dumb_Starbucks

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