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[TLG] Protecção da Minifigura LEGO
hugosantos:
Algumas respostas suplementares para ajudar na compreensão:
- Communities, recognized or not, should refrain from public display of non-conforming Minifigures (that is, Minifigures bearing names or symbols of business entities, other organizations outside of the LEGO Group)
- We would discourage you from using any trademark infringing products in photographs, publicly displayed models and in profile pictures.
- Enhanced clothing, and other customized features are allowed on Minifigures that may be displayed publicly. The exception would be if the customized features result in a figurine that resembles a representative symbol of an unrelated company.
- We cannot, and do not try to, prevent the production, or even the sale, of customized Minifigures that are not in some way harmful to the LEGO Group. Customized figurines made to represent outside business entities and organizations are the main concern here. Other than this trademark concern, the only other situations that would lead to action on our part are those where the customized product is so offensive or distasteful as to risk damage to the LEGO brand.
- Original artwork is also acceptable, as long as it does not include representative symbols of outside companies or organizations. This policy statement is primarily about preventing LEGO Minifigure figurines being used to promote outside entities. Individual names are fine. Business/commercial entity names are not.
- It applies to all. The policy is meant to help keep our fans from inadvertently violating the LEGO Group's rights. While fans might see some improper activities, they do not see the thousands and thousands of improper activities that we have, and continue to, stop. Although we must prioritize our enforcement activities, because we do not have infinite resources, we do not intentionally allow infringing activities to continue unaddressed.
- Trademark laws do not apply to non-commercial activities/entities. Commercial activities is not simply defined as the sale of goods for profit. Examples of commercial entities include organizations, persons or groups that are collecting dues or membership fees, charging admission to events, selling premium website memberships, collecting ad revenue, affiliate program compensation, sponsorship of events, sale of LUG-branded merchandise; etc.
Trademark and copyright laws in every country in which we do business give us the right to protect our intellectual property assets which is important as we face the effect of having our Minifigure trademark diluted by its association with an entity other than the LEGO Group.
- The minifigure trademark does not extend to the shield in their hand. We d not see any concerns with the graphic being printed on LEGO brick elements or the shield element. A fairly nondescript logo, not affiliated with an entity, like the one shown, would be fine, but this can be taken too far. The bottom line is "No use of LEGO Minifigures to promote outside entities."
- "Third party" is a term that can be confusing. For our purposes, a "third party" may be considered as any entity outside of the LEGO Group. A logo is a symbol representing an entity. A third party logo, therefore, is any symbol that represents an entity outside of the LEGO Group. The LEGO Group adheres to the laws of the jurisdictions in which it operates, including the laws of Germany.
- A LUG logo is a logo that represents a different entity and therefore should not be printed on the trademarked LEGO Minifigure.
Yes. There is a legal risk if you print a logo, including a community logo, on the trademarked LEGO Minifigure.
- No. I encourage fans to put their efforts into seeking to adhere to our policies, rather than putting their energy into finding some clever way to avoid them. Gifting a Minifigure (or component thereof) bearing third-party IP is improper.
- There is no exception for Minifigure designs created using Minifigure Factory. This one should not have been allowed, and seems to have slipped through, and we will investigate. A lapse on the part of our LEGO Store staff does not invalidate the rule.
- If a design becomes a symbol for the individual, it is therefore a logo. This can happen by the an individual using the design multiple times, using it on matching clothing, a website, etc. This design then becomes logo that represents the individual person which should not be printed on the trademarked LEGO Minifigure.
- Copyright law gives us the right to control the making of copies of LEGO minifigure figurines. These would be copyright violations, unless some "fair use" exception applies.
- Stickers showing third party logos and names and being applied to the LEGO Minifigure figurines fall under this rule.
- Trademark laws in every jurisdiction in which we do business give us the right to set this policy--which does not attempt to control personal, private activities.
You own the physical, plastic figurine. The LEGO Group retains the intellectual property rights associated with the figurine.
- This is not a possibility. (fazer acordos futuros para utilização de minifiguras com logo de um evento)
Alex:
--- Citação de: hugosantos em 03 de Janeiro de 2023, 15:54:31 ---- There is no exception for Minifigure designs created using Minifigure Factory. This one should not have been allowed, and seems to have slipped through, and we will investigate. A lapse on the part of our LEGO Store staff does not invalidate the rule.
--- Fim de Citação ---
Era o que eu ia a dizer, mas finalmente já se fez luz na cabeça deles.
"Ah e tal, não queremos que faça impressões de logos de empresas nos torsos das figuras, mas tomem lá um sistema para o fazer" :facepalm:
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