PMBD

Hi all.  I hope I'm not repeating an earlier thread, but I found this hair mesh and the name irritated me no end.  It's not the first time I've seen this, it's the straw that broke the camel's back, so to speak:

http://www.thesimsresource.com/downloads/sims2/body/hair/female/page46in3612items/

(http://isc.ibibi.com/images/scaled/w-191h-250-462378.jpg)

Now, they're pushing that mesh with the garnier trademark, and it's a pay item.  Is it just me or is that wrong somehow?  I wonder what Garnier would think of others making money from their brand?

I thought it would be good to open a thread and keep track of all the people doing it.  If one was really evil, they could contact the companies whose trademarks are being used, but I don't know if that's so wise as one wouldn't want negative attention on EA Games, cause they make the crackalicious goodness that is the Sims and if anyone gets blamed for this, it'd probably be them.

Eager to know your thoughts, folks.

Yep, they cant do that - selling trademarked/copyrighted items is illegal

See here (http://phorum.mustnotbenamed.com/viewtopic.php?t=857) on what happened when someone reported an example of this ;)

Gah...so selling sims content isnt illegal enough for them, so they rip off trademarks?!  :roll: What are they drinking..

I'd imagine something along the lines of 'hey! Garnier's popular! Let's rip them off and earn lots and lots of monies off of gullible sheep!'

 
Prada perfume by ChazDesigns at TSR (http://www.thesimsresource.com/artists/ChazDesigns/downloads/sims2/objects/furnishing/decorative/misc/488602/) is an illegal exploitation of their trademark. Quoted from Prada website (found under 'Legal')



(Theres more than that, chopped it down cos its too lengthy ;) )

Plus, of course, a gazillion different instances of paysites making sims-renditions of proprietary furniture, artwork, rugs, curtains, etc.  I'd guess that's equally illegal even without an explicit trademark.

That's probably not. There does exist an apparently legal market in knockoffs, after all, which are basically imitations of the original devoid of the trademark.

Has anyone taken a look at elmazzz? Just about every (if not every) makeup set is named and "based" on high end proprietary, trademarked make-up. Lancome, Bijoris, Clinique... the list just goes on and on.

I know some were really upset about the Starbucks, Krispy Kreme and most recently the Subway set, but TSR "creators" are doing it much more often and much more blatantly.

I wonder what would happen if people started turning them in like they did the smaller paysite owners that created the Starbucks,  Krispy Kreme and Subway sets? Would Lancome, et al care?

If they did care, would they take it up with EA or TSR itself? As if they did with EA, the number of complaints (which would be massive) could help sway them to the point where they get rid of TSR... :roll:

TSR must be destroyed

Any instances yet of anyone selling the H&M trademark?  I have a new internet friend at MarkMonitor the company paid to protect H&M from counterfeits/improper use of trademark and have been trying to explain this whole selling pixels business to him.

Nothing but a few recolors on TSR that I have seen and I am not sure if they were pay or free.

You would say that, since you're secretly Thomas!!!11einz

Wait, this is not the conspiracy, truth or openhouse thread! Sorry, continue on :)

I've been seeing an awful lot of those phony makeup ads lately, usually with a 'simmerized' model sporting some makeup that is supposed to look like something said brand would make. In all honesty though, most of the ads look like crap and the makeup looks more like $2 hooker wear than high fashion. I can't imagine any of those brands would want their name splashed all over, especially not stuff like that.

I mean really, in the picture given as an example, what does it say about Garnier? That they make bland, flat haircolour?

that may be why they now have this posted at the Exchange.

http://bbs.thesims2.ea.com/community/bbs/messages.php?threadID=cb7f95bd4a6826840662393473f30b9a&directoryID=24&startRow=1&openItemID=item.24,root.1,item.43,item.61,item.104,item.41,item.127




I guess this is EA easing thier way out before it hits them

What's a "Garnier", and exactly what product is being peddled? All I see a sim's hair. You can't trademark someone's hair!

Garnier sells hair care products. Shampoo, haircolor.
http://www.garnierusa.com/_en/_us/home.aspx?overlay=1#

I'm not sure you're right, Pescado.  As just one example, the Frank Lloyd Wright Foundation (or some such organiztion) pitched a hissy fit when someone attempted to "recreate" Fallingwater in sims 1.  I also recall a to-do with Disney, even though the name (trademark) wasn't used in the simminization.

That doesn't mean it's illegal, but these organizations must have felt their claims had some legitimacy.

Dude think about SimChic...that site would go down first are foremost if somebody from the legal department from all those clothing brands came around...  :roll:

While you can't trademark hair, you can certainly trademark a company name and logo, both of which are being used in the example advertisement.

...and in the end, I pause to think it's not even an original mesh. It's just a stupid recolor. They are trying to sell a recolor which one could possibly find x10 both in quality and quantity at MTS2 and Insim.

And I hate Garnier. Their products smell like someone tossed a rotten melon on your head.

It says it's free to me :P


http://i86.photobucket.com/albums/k104/Vannfam1/trademark.jpg

Well, it'd better stay free, because it looks like they stole Garnier's copy as well.

Speaking of this Elmazzz person, can someone check if they've made this hair (http://www.thesimsresource.com/downloads/sims2/sets/486141/) free? They banned me (or 'locked' my account) yesterday for pointing out they're selling a poser mesh that's freeware (available here (http://digitalbabes2.com/dload/KyokoHairMK3.html), incidentally)

Tosspots.

It's pay.

Cuuuuuuuuuuunts.

If nothing else, you can pat yourself on the back for pointing out yet another trademark violation. And since this one is pay... :)

That looks like an XMsims mesh.

Wheeeeee - let's report all the baddies!

but they banned once milla for creating sims hair basing on poser meshes.

remember milla, she made this kyoko hair too (new diva hair)

Umm, this is news? I mean, Exnem and LyricLee have been ripping off Disney and other brands with their pay content. Winnie the Pooh dolls for sale, recolored showers from their old site is violating DC's copyright.

If I were I total cunt I'd show that to Disney. They despise copyright infringement.

I remember a few years ago when I was really into PSP, Disney was always throwing fits whenever anyone made tubes using any of their characters.  So I don't think they'd be very happy to hear about this, especially since the items are pay.

Hmm but it would be funny since it's LyricLee we're talking about. :mrgreen:

Miffy aka Bunny Wuffles had to change her whole sims1 site because someone reported her to the people that make the Miffy cartoon. (think it's on Nickelodeon or Noggin) Her site was totally free and she still got in trouble.http://sas.planetthesims.gamespy.com/

I reported them. I have a real problem with ripping off well known advertisements to sell stupid hair recolors or anything else except the actual product.

Lookie-Lookie what I found today while cruising around TSR....


http://www.thesimsresource.com/downloads/premium/sims2/lots/business/

Anything on that page that looks like trademark infringement to you all? ;)

Damn....notify the company!

This is crazy....of course, one level of thievery begets another...

So yeah. Let's report ALL of these infringements.

::::me loves watching pay content creators squirm:::::

I've already been working my way through TSR reporting all the copyright infringement.

Assume you're talking about this one? http://www.thesimsresource.com/downloads/sims2/lots/community/442313/ It's on the 2nd page for me. Direct linkies to the evil is appreciated.

And that lot sucks. I'd tag it as defamation in addition to copyright infringement.

It was a direct "linkie". It seems now it has been removed.

I believe she was refering to a 7/11, that seems to have been removed after the company was contacted...muahahahaha!

Ah well. Ruth Chris is also a real entity. They have them around here. Apparently quite good, though I don't eat moo-cows so I don't know for sure.

What would TSR do without us pointing out their flaws for them to change/take the stuff down? :D

Yep, yep they sure are, you are right. kariminger has found another one.


And I am almost certain I found a Dairy Queen at one time before I found PMBD. I'll have to go back in and look again.

So true!

We should bill them for the service: we've doing them a favor for free and they are a business, that's not fair. ;)

In addition, there is also several others, including the Westin Paradise Hotel, the Château de Chenonceau, andthat's on the first page.

I don;t know how it works for replicas of actual homes, but those two are examples-  Got tired of looking though, and am about to crash for the night.

I got a dairy queen from mod the sims 2 a few days ago.

Hmm. That's free, though. Not so sure where the copyright issues would fall on that. I don't know enough about the laws.

If it's free, they probably would consider it free advertising. I doubt they like people making money off them though.

Eh, for the cost, there are better steakhouses out there.  (But it's still copyright infringment.  *g*)

I bitched at chad on this guest book lol

about this product:

http://www.thesimsresource.com/artists/ChazDesigns/downloads/sims2/objects/furnishing/decorative/misc/488602/

i'm shocked company that creates prada hasn't contacted him... ohh maybe i will :twisted: I know i know i'm such a bitch but i love it.

this is what i wrote on his guest book

http://www.thesimsresource.com/artists/ChazDesigns/guestbook/

"Hi there chad, Just so you know that you are violating trademarks and copyright laws with some of you're items. It's Most likely the companys within question "prada purfum" has been contacted, thus other companies for illegal activity such as stealing copyrights."

lets count how fast TSR gets moving when i said someone reported them to the company that creates that perfume. :lol:

There's 3 or 4 Ruth Chris Steakhouses here in Virginia.  High End pricey steakhouses.  I dunno.  I don't eat there.  Steak's not my deal.

I like cows. Very much. Especially if they're steaming on my plate... Yeah, I'm a carnivore when I can eat. I have trouble with that due to stress or some such shit. But yeah, I like meat above and beyond all foods except for chocolate... Hmmmm, it's too hot to cook, but I wonder what I can thaw out... Now look what you've done! Steak and Shake is pretty ok, but I really love Golden Corral, Bonanza, and the Ponderosa steak house chains... Damn, gotta go wipe the drool off... I blame Pescado for this, too!!

shhhhh paden! :wink: ur making me hungery!

True, true. TSR does have a problem with trademarks and such. It's hard to find some one who doesn't photoskin/use a trademarked name to create their custom content.

 :twisted: I wish that all the trademarks that they stole would all come and sue them. Then they would be broke.

I reported them. I also reported the Garnier infringement to Garnier, and they wrote back that they were looking into it.  :lol:

Read this at : http://thesims2fashionrunway.ea.com/agree_top.php?theme=5
Paragraph 8

From the Sims H&M runway contest.
It's a good indication how EA will have nothing to do with brandnames and copyrighted images, etc. in their official contests at least.



8. EA Online Terms and Conditions

Your participation in the Runway is also governed by the EA Online Terms and Conditions found at https://account.ea.com/legal/legal.jsp. You agreed to the EA Online Terms and Conditions when you created your EA Account.

Below is a recap of some of the key rules from the EA Online Terms and Conditions that apply to the Runway:

1.1. Remember that when you submit fashion designs or other content to the Runway(referred to below as "Content"), you're automatically granting EA the right to publish and otherwise use your Content for the Showcase, and for other purposes (such as for marketing or other promotional purposes). For example, if we really like what you submit, we might use it in an advertisement, or perhaps even in one of our games. If we use your Content, we may not necessarily attribute it to you, or your screen name. See the EA Online Terms and Conditions for a complete explanation.

1.2. The EA Online Terms and Conditions require you to respect the intellectual property rights of other people. This means that:

    a. You can only post Content to the Runway if (i) you're the owner of the intellectual property rights in the Content; or (ii) you have the prior written consent of the owner of the intellectual property rights to use that Content in connection with the Runway. For example, you should not incorporate the logo of a famous fashion designer (such as Louis Vuitton or Gucci) into your fashion design, because this may infringe that designer's trademarks.

    b. If we think that you have infringed the intellectual property rights of a third party, we may remove your Content from the Runway or Showcase without prior notice to you.

    c. If you are a repeat infringer of another person's intellectual property rights, we may immediately terminate your EA Account. If your EA Account is terminated, you will lose access to all of your Content and other privileges associated with your Account.

    d. If you're a copyright owner, and you believe that any content posted to the Showcase or voting gallery infringes your rights, you may submit a written notice to copyright@ea.com. See http://www.ea.com/global/legal/legalnotice.jsp for more information.

If there is any conflict between these Terms of Participation and the EA Online Terms and Conditions, then the EA Online Terms and Conditions will take precedence to the extent of that conflict.

An exclusively Maxis-run contest would not have bothered with that statement. They seemed generally lax in these kinds of legal matters. EA is sure tightening up that shit.