Discussion Forum: Thread 328690

 Author: Obsidianbricks View Messages Posted By Obsidianbricks
 Posted: Oct 19, 2022 22:03
 Subject: Copyright
 Viewed: 164 times
 Topic: Help
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Obsidianbricks (304)

Location:  USA, Illinois
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May 2, 2019 Contact Member Seller
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Store: Obsidian Bricks
I am looking to have some cards made to include with my orders. I was wondering
if there is any copyright issues with the cards having the lego logo?
 Author: wildchicken13 View Messages Posted By wildchicken13
 Posted: Oct 19, 2022 22:09
 Subject: Re: Copyright
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wildchicken13 (876)

Location:  USA, Illinois
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In Help, Cartersbricks writes:
  I am looking to have some cards made to include with my orders. I was wondering
if there is any copyright issues with the cards having the lego logo?

I would advise against it. If you include the LEGO logo on your marketing/advertising,
buyers may mistakenly believe that you are affiliated with the LEGO group.
 Author: peregrinator View Messages Posted By peregrinator
 Posted: Oct 19, 2022 22:47
 Subject: Re: Copyright
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peregrinator (774)

Location:  USA, New Jersey
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In Help, Cartersbricks writes:
  I am looking to have some cards made to include with my orders. I was wondering
if there is any copyright issues with the cards having the lego logo?

Copyright, no.

Trademark, heck yes.
 Author: miskox View Messages Posted By miskox
 Posted: Oct 20, 2022 01:21
 Subject: Re: Copyright
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miskox (627)

Location:  Slovenia
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Store Closed Store: Cookie's Brick Shop
BrickLink Translated Help Editor (?) - Slovene
In Help, Cartersbricks writes:
  I am looking to have some cards made to include with my orders. I was wondering
if there is any copyright issues with the cards having the lego logo?

Here you might have more info: https://www.lego.com/en-us/legal/notices-and-policies/fair-play/

Saso
 Author: Nicolasamico37 View Messages Posted By Nicolasamico37
 Posted: Oct 20, 2022 14:03
 Subject: Re: Copyright
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Nicolasamico37 (1057)

Location:  France, Centre-Val de Loire
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Store: LAPINOU BRICKS
Hi,

From the mountain of orders placed here, I have a lot of visit cards from Bricklink
stores. The biggest majority uses LEGO® codes, the LEGO® font, bricks... A few
of them have placed the LEGO® logo on. I thought it was not a problem with the
Fair play notice by LEGO® in the case there is the ® for the Registered trademark.
I understand that buyers can mistakenly believe a store here can be affiliated
with TLG. Buyers here, I am not really sure, but buyers outside Bricklink, maybe...
As Carterbricks, I wanted to make my own card too. I did one, still with me.
As long as you don't make the confusion and make believe the buyer you work
for LEGO® (even if they made money on us now...) I think it will be possible.
But I could be wrong...

Nicolas
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Oct 20, 2022 14:23
 Subject: Re: Copyright
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1001bricks (52337)

Location:  France, Provence-Alpes-Côte d'Azur
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Store: 1001bricks
AFAIK, you can write in normal size characters or smaller (like mentionning)
that you provide LEGO® parts, because it's simply a reality you describe.

But I don't think you can use their logo anywhere (as a seller).
 Author: peregrinator View Messages Posted By peregrinator
 Posted: Oct 20, 2022 14:25
 Subject: Re: Copyright
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peregrinator (774)

Location:  USA, New Jersey
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Store: Faber Family Bricks
I think this is pretty clear - if you use the LEGO logo then it can dilute the
trademark (in addition to leading others to believe that TLG endorses you). I
imagine the same thing applies to business cards as unofficial web sites (just
because they don't mention it, doesn't mean it doesn't apply). But
it's probably OK to use other Lego trademarks (e.g. putting a phrase like
"Dealing only in authentic LEGO products" on your business card) as long as it's
clear that Lego doesn't actually endorse you.

A Trademark must be Protected
A trademark must be able to distinguish the goods of one company from those of
another. If a trademark loses this ability, the owner may find that it can no
longer prevent others from using the trademark. An owner must prevent the improper
use of its trademarks to prevent the public from being deceived. This is why
the LEGO Group is very active around the world in making sure that its trademarks
are not misused.

The LEGO Logo may not be used on an Unofficial Web Site
The bright red LEGO logo has become one of the most recognized trademarks in
the world. We have worked hard to make this logo a symbol of high quality creative
products for children. The logo stands for the LEGO Group and we cannot risk
allowing the distinctiveness of this symbol to be diluted. We must, therefore,
insist that the LEGO logo NEVER be used on an unofficial web site.

The LEGO Trademarks may be used under certain Limited Circumstances on an Unofficial
Web Site
The LEGO trademarks (but not the logo) may be used in a non-commercial manner
to refer to LEGO products or elements which are shown or discussed on a web site,
as long as the trademark is not unduly emphasized or used in a way that can lead
an observer to mistakenly believe that the site is sponsored or authorized by
the LEGO Group.





In Help, Nicolasamico37 writes:
  Hi,

From the mountain of orders placed here, I have a lot of visit cards from Bricklink
stores. The biggest majority uses LEGO® codes, the LEGO® font, bricks... A few
of them have placed the LEGO® logo on. I thought it was not a problem with the
Fair play notice by LEGO® in the case there is the ® for the Registered trademark.
I understand that buyers can mistakenly believe a store here can be affiliated
with TLG. Buyers here, I am not really sure, but buyers outside Bricklink, maybe...
As Carterbricks, I wanted to make my own card too. I did one, still with me.
As long as you don't make the confusion and make believe the buyer you work
for LEGO® (even if they made money on us now...) I think it will be possible.
But I could be wrong...

Nicolas
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Oct 20, 2022 14:35
 Subject: Re: Copyright
 Viewed: 42 times
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1001bricks (52337)

Location:  France, Provence-Alpes-Côte d'Azur
Member Since Contact Type Status
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Store: 1001bricks
Agreed.

The shorter version is here:
https://www.bricklink.com/message.asp?ID=1370863

 Author: Obsidianbricks View Messages Posted By Obsidianbricks
 Posted: Oct 20, 2022 16:00
 Subject: Re: Copyright
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Obsidianbricks (304)

Location:  USA, Illinois
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Store: Obsidian Bricks
In Help, 1001bricks writes:
  Agreed.

The shorter version is here:
https://www.bricklink.com/message.asp?ID=1370863



Thanks for your feedback. I was in the process of making a card and had the thought
that maybe I couldn't do that. Thanks for setting me straight.
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Oct 20, 2022 16:15
 Subject: Re: Copyright
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1001bricks (52337)

Location:  France, Provence-Alpes-Côte d'Azur
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Buying Privileges - OKSelling Privileges - OK
Store: 1001bricks
In Help, Cartersbricks writes:
  In Help, 1001bricks writes:
  Agreed.

The shorter version is here:
https://www.bricklink.com/message.asp?ID=1370863



Thanks for your feedback. I was in the process of making a card and had the thought
that maybe I couldn't do that. Thanks for setting me straight.

No problemo.

Our Admin confirmed:
https://www.bricklink.com/message.asp?ID=1370880
 Author: Admin_Russell View Messages Posted By Admin_Russell
 Posted: Oct 20, 2022 15:54
 Subject: Re: Copyright
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Admin_Russell

Location:  USA, California
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BrickLink Administrator
In Help, Cartersbricks writes:
  I am looking to have some cards made to include with my orders. I was wondering
if there is any copyright issues with the cards having the lego logo?

You may not use the LEGO logo on such cards or on your storefront. Also, your
BrickLink ID card pic must not use the LEGO logo.
 Author: Ziegelmeister View Messages Posted By Ziegelmeister
 Posted: Oct 20, 2022 16:54
 Subject: Re: Copyright
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Ziegelmeister (221)

Location:  USA, Ohio
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Store: Ziegelmarkt
In Help, Cartersbricks writes:
  I am looking to have some cards made to include with my orders. I was wondering
if there is any copyright issues with the cards having the lego logo?

Copyright no, trademark yes. Are they going to hunt you down and send a cease
and desist? Not unless you're egregious about it. Does that mean you should
roll the dice and risk it? Absolutely not.

I was lucky enough to retire at 42 because enough people thought they could use
my photos without obtaining a license and "risked it".
 Author: macebobo View Messages Posted By macebobo
 Posted: Oct 20, 2022 19:02
 Subject: Re: Copyright
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macebobo (2433)

Location:  USA, Oregon
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In Help, Yellow.Brick writes:
  In Help, Cartersbricks writes:
  I am looking to have some cards made to include with my orders. I was wondering
if there is any copyright issues with the cards having the lego logo?

Copyright no, trademark yes. Are they going to hunt you down and send a cease
and desist? Not unless you're egregious about it. Does that mean you should
roll the dice and risk it? Absolutely not.

I was lucky enough to retire at 42 because enough people thought they could use
my photos without obtaining a license and "risked it".

Yours must have been a copyright issue. If you were able to retire, congratulations,
you must have had a) multiple major infringements, b) a very good lawyer, and
c) excellent, irrefutable proof they were you images.

I have been through one copyright case with some software I wrote and it was
a PITA!
 Author: Ziegelmeister View Messages Posted By Ziegelmeister
 Posted: Oct 21, 2022 02:23
 Subject: Re: Copyright
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Ziegelmeister (221)

Location:  USA, Ohio
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Store: Ziegelmarkt
Yes, yes and yes.

It also took 9 years from start to finish with countersuits, appeals, mediations...
it's not for the faint of heart and you really - REALLY don't want to
mess around with it. In the case with the OP, it's highly probable that they
would do what I did and go after each infringement. So they'd be on the
hook for damages of $200,000 per card sent. So if you sent out 100 cards, that's
$20M which would get dialed back through out of court negotiations to about $1-5M,
which depending on how you registered your business _could_ go on your business
insurance if you're lucky, but if you're someone who didn't file
an LLC, they'd just go after you personally and your assets.

It really really isn't worth messing around with.

As for your case if you still dealing with it send me a message and i'll
see if i can connect you to some good people.

In Help, macebobo writes:
  In Help, Yellow.Brick writes:
  In Help, Cartersbricks writes:
  I am looking to have some cards made to include with my orders. I was wondering
if there is any copyright issues with the cards having the lego logo?

Copyright no, trademark yes. Are they going to hunt you down and send a cease
and desist? Not unless you're egregious about it. Does that mean you should
roll the dice and risk it? Absolutely not.

I was lucky enough to retire at 42 because enough people thought they could use
my photos without obtaining a license and "risked it".

Yours must have been a copyright issue. If you were able to retire, congratulations,
you must have had a) multiple major infringements, b) a very good lawyer, and
c) excellent, irrefutable proof they were you images.

I have been through one copyright case with some software I wrote and it was
a PITA!