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Show HN: I Created the Inverse of Angry Birds

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Re: Show HN: I Created the Inverse of Angry Birds

#121

Post by Maven911 »

bradleyland wrote: post #115
zyb09 wrote: post #86

Earlier quoted context omitted.

There's no infringement here, the pigs look different and there doesn't seem to be any stolen art or something. So Rovio probably couldn't do anything anyway.

"So Rovio probably couldn't do anything anyway." I've talked about this a few times on HN, but this is a huge pet peeve of mine. It's armchair litigating. Rovio could absolutely file a case against this developer. How far it would go would depend largely on the judge in the case. You can bet that Rovio would, if they decided to, file with a court that historically rules in favor of their position. This would mean tha…

May I ask how much is this costing you or your company in legal fees?

Re: Show HN: I Created the Inverse of Angry Birds

#122

Post by xsmasher »

TWAndrews wrote: post #89
scott_s wrote: post #64

Earlier quoted context omitted.

It depends. If you are parodying X while making a comment about X , that's probably in the clear. But if you're parodying X while making a comment about Y , that's problematic. See Penny Arcade's difficulties with parodying Strawberry Shortcake while commenting on American McGee's take on games.

To be fair, PA didn't make any attempt to litigate that. American McGee told them to take it down, and they did, essentially no questions asked.

For the record it was American Greetings that C&D'd them, not American McGee.

Re: Show HN: I Created the Inverse of Angry Birds

#124

Post by philjr »

starwed wrote: post #117
nachteilig wrote: post #116

Earlier quoted context omitted.

The birds are a question of copyright, not trademark. And one doesn't lose that for failing to defend it.

I don't think its that simple. Wikipedia says > A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound. I'd be surprised if Rovio doesn't consider the general appearance of the birds as a trademark…

You don't consider things trademarks, it's either a registered trademark or it's not.

Re: Show HN: I Created the Inverse of Angry Birds

#125

Post by bradleyland »

Maven911 wrote: post #121
bradleyland wrote: post #115

Earlier quoted context omitted.

"So Rovio probably couldn't do anything anyway." I've talked about this a few times on HN, but this is a huge pet peeve of mine. It's armchair litigating. Rovio could absolutely file a case against this developer. How far it would go would depend largely on the judge in the case. You can bet that Rovio would, if they decided to, file with a court that historically rules in favor of their position. This would mean tha…

May I ask how much is this costing you or your company in legal fees?

We make a concerted effort to reduce legal fees by coordinating with our attorneys to do whatever footwork we can. On bad months, it will cost us $7k-$10k. On a relatively idle month, $2k.

Re: Show HN: I Created the Inverse of Angry Birds

#126

Post by Luc »

philjr wrote: post #124
starwed wrote: post #117

Earlier quoted context omitted.

I don't think its that simple. Wikipedia says > A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound. I'd be surprised if Rovio doesn't consider the general appearance of the birds as a trademark…

You don't consider things trademarks, it's either a registered trademark or it's not.

That's not true. There's no need for a trademark to be registered or even to be indicated as being a trademark (typically by using 'TM'), though of course you do get extra rights if you do. The US Patent Office is a good resource for info: http://www.uspto.gov/trademarks/index.jsp

Re: Show HN: I Created the Inverse of Angry Birds

#127

Post by Maven911 »

bradleyland wrote: post #125
Maven911 wrote: post #121

Earlier quoted context omitted.

May I ask how much is this costing you or your company in legal fees?

We make a concerted effort to reduce legal fees by coordinating with our attorneys to do whatever footwork we can. On bad months, it will cost us $7k-$10k. On a relatively idle month, $2k.

wow, thats quite a bit, what is the hourly rate they charge
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