Trademarks being sold on paysites

[madbonney]

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/



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.

[Jojoba]

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

See here 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..

[gmaidekamido]

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!'

[Jojoba]

Prada perfume by ChazDesigns at TSR is an illegal exploitation of their trademark. Quoted from Prada website (found under 'Legal')

All trademarks, logos, whether registered or not, displayed on the Web Site, including but not limited to the PRADA trademark are owned by PRADA S.A. and will remain the exclusive property of PRADA S.A. These trademarks may not be used in connection with any product or service that does not originate with PRADA, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits PRADA.

You acknowledge and agree that the Site, and all content included therein, including, but not limited to, all text, information, data, images, icons, photographs, illustrations, multimedia (graphic, audio and video), charts, indices, reports, data, software, HTML code and screens contained therein and the like (collectively “Content”), is owned by or licensed to PRADA and is subject to protection by international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.

Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Site, you may use, access, download, copy, store, manipulate, reformat, print or display any Content to which you have authorized access solely for your own personal use. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Site, or any Content contained therein. No right, title and/or interest in any material or software may be deemed assigned to you as a result of any such download or copying. You agree to maintain and abide by all copyright or trademark notices and other notices contained on the Site and in the Content.

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

[dietofworms]

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.

[Pescado]

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.

[Bigtruckgirl]

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?

[Jojoba]

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

[rickets]

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.

[Bigtruckgirl]

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.

[Anouk]

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.

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

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

[liegenschonheit]

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?

[woes_wee]

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

Author:  MaxoidDramaLlama - Rank: Overmodest Orator - View MySimPage Profile  
Date:  May-03-07 04:21 PM PDT
Subject:  Copyrighted Custom Content  
 

Hey Simmers,  
I hate to be the bearer of bad news, but copyrighted material is not allowed in the exchange. I see many awesome creations everyday, but certain characters or designs are actually owned by other companies. Unfortunately I'm going to have to hide those creations.

I just wanted to let you know, it's not because it wasn't cool, it's just because we want to be sure we don't step on any toes.

-Keep on Creating!
 
 

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

[Pescado]

I mean really, in the picture given as an example, what does it say about Garnier?

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!

[Feverish]

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