Hacking Nintendont - Looking for a logo

[Dork]

Logos are not fair use.

Yes they are.

 

[kalimero]

One last Version (less Copyright). I edited the GameCube a little bit (removed Nintendo Logo, replaced "Nintendo GAMECUBE" with "NINTENDONT GAMECUBE" in Standard Font). The whole GameCube isn't even the real thing. It's a mockup someone has done in Photoshop. It's a small and highly edited part of this image: http://geometries.tripod.com/downloads/papermodels/papermodel_gamecube_blue.jpg

You decide if this will get you in any trouble or if it's just fair use. For me it is using a part of an image to create something new. The funny thing is, he made this image to print it out (make copies of it) as often as you like to build paper cubes

 

[Davi]

I'm not using anything copyrighted. My logo is clearly different from the GameCube logo.

 

[JoostinOnline]

Yes they are.

You can't use a trademarked logo in your own design. That's illegal, unless you receive specific permission from the owner (in these cases, Nintendo/Microsoft). crediar could be sued if he included that in his product, because it suggests endorsement by Nintendo.

For more information, go here: http://smallbusiness.chron.com/fair-use-logos-2152.html

 

[duffmmann]

I read the rules. You want me to post every frame of the animation as a PNG and we can pick a favorite one? If an animation is worth using it'll get used. Don't cut out options.

erm, I'd read Crediar's rules then, because he did cut out options by saying it must be a .png

 

[duffmmann]

Been working on some custom text for the logo since impact as a font is a little uh, outdated. Made the animation less confusing too.

I like your font design here for the title, and since animated logos will probably be disregarded, I took the liberty of seeing what your logo combined with mine would look like. If you don't want this considered, let me know, and I'll remove it, otherwise we could share the credit it, if it ended up being chose, just a thought, but take a look:

 

[Dork]

You can't use a trademarked logo in your own design. That's illegal, unless you receive specific permission from the owner (in these cases, Nintendo/Microsoft). crediar could be sued if he included that in his product, because it suggests endorsement by Nintendo.

For more information, go here: http://smallbusiness.chron.com/fair-use-logos-2152.html

Except Nintendont isn't a commercial money-making product. It's a free non-profit homebrew application for non-commercial use.

 

[JoostinOnline]

Except Nintendont isn't a commercial money-making product. It's a free non-profit homebrew application for non-commercial use.

That doesn't matter. It's an application with an official logo (or will be), so all this applies.

 

[Dork]

That doesn't matter.

And why not? Going to need more citation on that. Also, lets look here again:

It might not be considered fair use, for instance, for a book on the general condition of the auto industry to incorporate only the logo of Ford Motor Co., on its cover. An article on the release of a new product using the logo of a competitor is even more likely to be found an infringement of trademark. Actual findings of infringement are left to the courts.

A book is generally published and than sold commercially, and this statement specifies that the logo in question is being used alone. A lot of posts here were edited versions of the logo or added on to.

 

[JoostinOnline]

And why not? Going to need more citation on that.

Or maybe you could cite where it says that it only applies to commercial products. If I said "it only applies to cherry flavored lollipops", I would be the one responsible for citation.

Also, lets look here again:

A book is generally published and than sold commercially, and this statement specifies that the logo in question is being used alone. A lot of posts here were edited versions of the logo or added on to.

That doesn't make it okay. You're quoting one example and saying that's the only instance it's not allowed. You might as well say it only applies to books "on the general condition of the auto industry".


Some of these aren't clear cut though. Duffman's for example, is probably okay. It uses the same color, and you obviously associate it with a GameCube, but other than the fact that it's a partial cube (which Nintendo obviously doesn't have legal ownership of), the shape is completely different.

 

[Dork]

Or maybe you could cite where it says that it only applies to commercial products. If I said "it only applies to cherry flavored lollipops", I would be the one responsible for citation.

You made the claim that using trademarked logos are illegal in other projects and posted a webpage. I looked at it and it said nothing that applied to non-commercial projects, such as Nintendont, every example was clear cut about being something industrial. Were you not confident in that citation or something? Now you are making the claim that the use of logos is illegal to even non-commercial projects. The burden of proof is all on you m8.

Some of these aren't clear cut though.

See above.

 

[Michael Shillingburg]

I like your font design here for the title, and since animated logos will probably be disregarded, I took the liberty of seeing what your logo combined with mine would look like. If you don't want this considered, let me know, and I'll remove it, otherwise we could share the credit it, if it ended up being chose, just a thought, but take a look:

I don't mind it, but your lighting is mega inconsistent. All of the letters are lit individually from the bottom right now and the logo portion is let from top left. You should sort out some consistencies

 

[duffmmann]

I don't mind it, but your lighting is mega inconsistent. All of the letters are lit individually from the bottom right now and the logo portion is let from top left. You should sort out some consistencies

I tried it all from the top left and it didn't look as nice, I dunno, you can mess around with it if you like

 

[kalimero]

You can't use a trademarked logo in your own design. That's illegal, unless you receive specific permission from the owner (in these cases, Nintendo/Microsoft). crediar could be sued if he included that in his product, because it suggests endorsement by Nintendo.

For more information, go here: http://smallbusiness.chron.com/fair-use-logos-2152.html

You're a little too worried. Look there are whole games with copyright infringements: PokeMMO or the upcoming Mother 4 for example. If i where this worried i wouldn't make a GameCube Loader in the first place. This thing enables piracy in some way. This should bother Nintendo more than some random logo.

 

[Zaide]

You made the claim that using trademarked logos are illegal in other projects and posted a webpage. I looked at it and it said nothing that applied to non-commercial projects, such as Nintendont, every example was clear cut about being something industrial. Were you not confident in that citation or something? Now you are making the claim that the use of logos is illegal to even non-commercial projects. The burden of proof is all on you m8.

On the contrary. When discussing situations that could have serious legal implications it is FAR wiser to assume that something is illegal until it is proven otherwise. If you assume it's legal and it turns out not to be there will be consequences. But if you assume it's illegal and it ends up being perfectly legal, then there are no consequences.

In this situation the default logic SHOULD be that no trademarked material can be used. Anyone who disputes that should provide evidence that it can be used.

 

[JoostinOnline]

You're a little too worried. Look there are whole games with copyright infringements: PokeMMO or the upcoming Mother 4 for example. If i where this worried i wouldn't make a GameCube Loader in the first place. This thing enables piracy in some way. This should bother Nintendo more than some random logo.

It still breaks crediar's rules.

 

[Maxternal]

True that logos fall under trademark law rather than copyright law so it's okay to use somebody else's logo in SOME cases
BUT
this is probably not one of them.

Basically, you're allowed to use someone else's logo if you're using THEIR logo to represent THEIR stuff.
In this case, though, we're trying to make a new logo that will represent Crediar's project so we can't use Nintendo's logo to represent Crediar's project.

If you want to talk borderline, you could question how much you can alter someone else's logo before it ceases to be their logo anymore
but just realize that you run the risk of Crediar deciding it's too similar to an already existing logo and just not considering it at all because of that.



In the past, Crediar has used GC and Nintendo logos in DM and DML so I'm not sure if he see's this differently or he's just now deciding to start being more careful about it (the fact that DM(L) is open sourced might have to do with it, too) but either way, you just run the risk of him ignoring your logo if you use other logos in it so I guess it's your choice.

and remember ... PNG !!!

 

[Dork]

On the contrary. When discussing situations that could have serious legal implications it is FAR wiser to assume that something is illegal until it is proven otherwise. If you assume it's legal and it turns out not to be there will be consequences. But if you assume it's illegal and it ends up being perfectly legal, then there are no consequences.

In this situation the default logic SHOULD be that no trademarked material can be used. Anyone who disputes that should provide evidence that it can be used.

What serious legal implications? The worst thing that could happen is a cease and desist.

 

[The Real Jdbye]

A lot of great entries here but personally I like this one.

I like your font design here for the title, and since animated logos will probably be disregarded, I took the liberty of seeing what your logo combined with mine would look like. If you don't want this considered, let me know, and I'll remove it, otherwise we could share the credit it, if it ended up being chose, just a thought, but take a look:

The cube though could use some tweaking, certain parts of it look weird like how the N merges with the top side, and I think the D would look better with rounded edges.
I like it though, because it reminds me of the original logo, uses the same coloring (prefer black backgrounds) and it's just rather well made overall.
But I'm thinking maybe the "NINTENDONT" would look better without the border as it doesn't really go that well with the rest of the image and is unlike the original GC logo.

One last Version (less Copyright). I edited the GameCube a little bit (removed Nintendo Logo, replaced "Nintendo GAMECUBE" with "NINTENDONT GAMECUBE" in Standard Font). The whole GameCube isn't even the real thing. It's a mockup someone has done in Photoshop. It's a small and highly edited part of this image: http://geometries.tripod.com/downloads/papermodels/papermodel_gamecube_blue.jpg

You decide if this will get you in any trouble or if it's just fair use. For me it is using a part of an image to create something new. The funny thing is, he made this image to print it out (make copies of it) as often as you like to build paper cubes

Don't like this one much. The font looks bad, and it'd be better if the text said "NintenDONT" instead.
Also I don't get the whole association with Windows, it has nothing to do with Windows at all.
Also as said I prefer black backgrounds. But mostly it's just the similarity to the old Windows logo that I don't like.

 

[duffmmann]

I don't think it would feel right for the cube logo to have any rounded edges though as the original GC logo had no rounded edges, I don't think theres more I could do for the N, I don't think there is a perfect solution, I like it how it is personally, but I get why some cold take issue with it.