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No I didn’t made this someone elss did but who? I found this here http://artist-3d.com/free_3d_models.....;ad=&op=op
Dose anyone knowsif the person has an acount here or knows the person?
I would have done this in the journal but no one really reads it so I post it here so I can get some answers.
Java© Kim C. Jones
No I didn’t made this someone elss did but who? I found this here http://artist-3d.com/free_3d_models.....;ad=&op=op
Dose anyone knowsif the person has an acount here or knows the person?
I would have done this in the journal but no one really reads it so I post it here so I can get some answers.
Java© Kim C. Jones
Category All / All
Species Kangaroo
Size 593 x 443px
File Size 125.7 kB
There also appears to be the creator's yahoo address right under the image. arthur.athayde[at]yahoo.com.br
I don't know why you're asking me, I didn't make it. >.> I was just pointing out that the creator's name was clearly on the page.
After a google search, it appears as though the model has been posted onto numerous different websites. The colour scheme seems to be different than yours, it's brown with a blue jumper. http://www.cg-links.com/link/Free_M.....ds_Model/12143
After a google search, it appears as though the model has been posted onto numerous different websites. The colour scheme seems to be different than yours, it's brown with a blue jumper. http://www.cg-links.com/link/Free_M.....ds_Model/12143
They said that I was ues the name Java for my character and it turns out thet have a roo name java-roo so they claiming i'm useing thier tradmark for there coffe shop, but here's the thing I didn't know anything about it or even knew about the shop I just got a email form them saying I used there name.
So now I'm sending emails back and forth asking if I can keep java's name caues my chracter is just name Java not Java roo or Kangaroo.I was going to give him a full name Java Tyler.
All this out of a coincadince I'm waiting for thier reply but I afraid I may end up changing my characters name. Which SUCKS!
So now I'm sending emails back and forth asking if I can keep java's name caues my chracter is just name Java not Java roo or Kangaroo.I was going to give him a full name Java Tyler.
All this out of a coincadince I'm waiting for thier reply but I afraid I may end up changing my characters name. Which SUCKS!
Dude, don't bother worrying about changing your characters name yet. There'd be a lot of legal work for them to do anything.
First: Haha! Did they go out of business in 2009? http://www.facebook.com/pages/Java-.....8075569?v=wall
Is THAT the one you're referring to, or is this another fur? If thats not them then send me a link to their images/ information. I've researched copyrights, Trademarks and Patents a couple years ago and might be able to help you on this.
Heh, wonder if they had their roo character before the above java store?
First: Haha! Did they go out of business in 2009? http://www.facebook.com/pages/Java-.....8075569?v=wall
Is THAT the one you're referring to, or is this another fur? If thats not them then send me a link to their images/ information. I've researched copyrights, Trademarks and Patents a couple years ago and might be able to help you on this.
Heh, wonder if they had their roo character before the above java store?
That's them alright. the email I got was the one in one in Baltimor.http://www.yelp.com/biz/java-roo-an.....udge-baltimore
How can you'r parents help? and how much will it cost me? caues I can't afford much as it is.:(
I drawn Java near the end of 03 and started posting him on DA in 04.
I don't even know when this shop even started.
How can you'r parents help? and how much will it cost me? caues I can't afford much as it is.:(
I drawn Java near the end of 03 and started posting him on DA in 04.
I don't even know when this shop even started.
Heh, I said paTents, not paRents.
Patents are for products, Copyrights and trademarks are about the same thing.
First off: what kind of established business doesn't have an official website? They're only using twitter and facebook!
Second, Based off their Trademark of "Java-Roo", you already had the name and character connection established for A YEAR in the below link before their trademark was registered. http://www.trademarkia.com/javaroo-78327114.html
Your art: http://slasher12.deviantart.com/gallery/#/dbyal1
Is the above image the oldest you have of that characters drawing? If not, can you link me to the oldest post of him you have?
(They did submit a trademark on the name "Java-Roo" in 2003, but wasn't authorized 2006.)
Third, they can't copyright or trademark "Java" in and of itself, nor can they trademark kangaroos in general.
Copyrights and trademarks cover a specific design. You could use an apple as a logo, so long as it didn't have a bite taken out of it. You can use a set of windows as a logo, so long as their color scheme doesn't match Microsofts.
Equally, ANYONE can use a kangaroo as a mascot. They can call their character Java the Kangaroo, or Java Roo, so long as it is NOT a business name NOR looks like their mascot.
Since your character design is in a cartoon style and theirs is realistic, they have no similarities beyond being kangaroos.
As far as names go, unless I can sue every other person on earth named Antonio for infringing on my name, they can't do anything about it (Again, you're characters NAME is Java, it isn't infringing upon them since its not a BUSINESS name.) Name infringements only occur if you're trying to operate a similar business by the same name which could cause customer confusion.
I could open a business called Microsoft or Apple so long as they have NOTHING to do with computer hardware or software. Equally, you could open a business called "Java Roo" so long as it has nothing to do with coffee, java, or any other drink OR food.
Can you send me a link to look at what they sent you? I don't want you to post it publicly, but I'd like to take a look at it.
Patents are for products, Copyrights and trademarks are about the same thing.
First off: what kind of established business doesn't have an official website? They're only using twitter and facebook!
Second, Based off their Trademark of "Java-Roo", you already had the name and character connection established for A YEAR in the below link before their trademark was registered. http://www.trademarkia.com/javaroo-78327114.html
Your art: http://slasher12.deviantart.com/gallery/#/dbyal1
Is the above image the oldest you have of that characters drawing? If not, can you link me to the oldest post of him you have?
(They did submit a trademark on the name "Java-Roo" in 2003, but wasn't authorized 2006.)
Third, they can't copyright or trademark "Java" in and of itself, nor can they trademark kangaroos in general.
Copyrights and trademarks cover a specific design. You could use an apple as a logo, so long as it didn't have a bite taken out of it. You can use a set of windows as a logo, so long as their color scheme doesn't match Microsofts.
Equally, ANYONE can use a kangaroo as a mascot. They can call their character Java the Kangaroo, or Java Roo, so long as it is NOT a business name NOR looks like their mascot.
Since your character design is in a cartoon style and theirs is realistic, they have no similarities beyond being kangaroos.
As far as names go, unless I can sue every other person on earth named Antonio for infringing on my name, they can't do anything about it (Again, you're characters NAME is Java, it isn't infringing upon them since its not a BUSINESS name.) Name infringements only occur if you're trying to operate a similar business by the same name which could cause customer confusion.
I could open a business called Microsoft or Apple so long as they have NOTHING to do with computer hardware or software. Equally, you could open a business called "Java Roo" so long as it has nothing to do with coffee, java, or any other drink OR food.
Can you send me a link to look at what they sent you? I don't want you to post it publicly, but I'd like to take a look at it.
Problem:
While the name problem can probably be resolved, it will cost *thousands* of dollars to do so, plus time off to go to court in their home town, with all expenses to be paid for by... well, defendant.
So even if he wins, he'll lose thousands of dollars. I would estimate it could easily be a $5-10K cost that cannot be recovered. This is unfortunately the way of the courts and there is no recourse.
While the name problem can probably be resolved, it will cost *thousands* of dollars to do so, plus time off to go to court in their home town, with all expenses to be paid for by... well, defendant.
So even if he wins, he'll lose thousands of dollars. I would estimate it could easily be a $5-10K cost that cannot be recovered. This is unfortunately the way of the courts and there is no recourse.
I'm not meaning for Kim to have to go to court over this. It's a simple fact that companies throw things like this around and expect people to just comply at first "request." I say request because thats usually how the first demand is stated. Normally things like this are used in a standard form letter and give no real detail on how someone is in violation of the law. Most people will go along with it and the company gets it way, few people try to fight them.
As is, just being able to reply with a properly stated letter will throw people off their game and make them think you have lawyers backing you up. Requesting the correct information will also make them reevaluate the situation and take a better look to confirm what they are accusing. I'll be better able to determine what exactly they are implying, how serious they are, how much they honestly believe it and how to reply based on how the letter was written and who it was written by.
The main thing is: Kim isn't using Java Roo as a business name and isn't even using "Roo" in the characters name.
Thinking about that, I should take a personal interest in this myself, after all, MY name has "Roo" in it, and most pics of my character depict a kangaroo, so whos to say they won't sue me next?
And then if they make shirts, will they go after your "RudeRoo" too? (That stands even more on legal ground, as you are using that as a business compared to Kim only using it as a name.) If this seems silly to compare, thats about how silly their claim is.
(Sorry, not trying to be mean, provocative, or make you angry/annoyed with this statement. I hope I don't offend. )
As is, just being able to reply with a properly stated letter will throw people off their game and make them think you have lawyers backing you up. Requesting the correct information will also make them reevaluate the situation and take a better look to confirm what they are accusing. I'll be better able to determine what exactly they are implying, how serious they are, how much they honestly believe it and how to reply based on how the letter was written and who it was written by.
The main thing is: Kim isn't using Java Roo as a business name and isn't even using "Roo" in the characters name.
Thinking about that, I should take a personal interest in this myself, after all, MY name has "Roo" in it, and most pics of my character depict a kangaroo, so whos to say they won't sue me next?
And then if they make shirts, will they go after your "RudeRoo" too? (That stands even more on legal ground, as you are using that as a business compared to Kim only using it as a name.) If this seems silly to compare, thats about how silly their claim is.
(Sorry, not trying to be mean, provocative, or make you angry/annoyed with this statement. I hope I don't offend. )
Trademarks don't give someone a monopoly on a generic name or term. :)
He would still have to prove that it violates his trademark; as is, the only thing he's got Trademarked via government offices is the name "Java-Roo". As long as you don't use that name, as "Java-Roo" or "Java Roo", he's got no legal ground.
As an example, there are Seven Active Trademarks in the "Mugs" category that use the name "Java" in their title. Thing is, not one of them is JUST "Java." http://www.trademarkia.com/trademar.....p;cn=&st=1
You can trademark a specific way of DRAWING the word "Java", and you can trademark a combination of words "Java-Roo", "Killer Roo" "Killer Java" etc. You can't trademark "Java" by itself.
He'd have to sue the above linked Trademark owners if hes going to sue you.
As far as your characters look goes, he's got no leg on that either. Your character design looks nothing like his and does not constitute any form of infringement or plagiarism. With their designs there is no way to claim they could be confused for each other.
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Beyond this the next question is - what could you use without worrying about this happening again? I mean, who would've thought, in the USA, that there'd be a place called "Java-Roo"? And can you be sure whatever you go to next isn't already trademarked buy some random person?
The main thing he seems concerned about is the fact that he's not getting all the attention. He's upset because "Java Kangaroo" brings up your images and not his. His trademark and store name is "Java Roo", not "kangaroo". As such, thats all web searches find. All he would really have to do is add "kangaroo" to search criteria to improve his results in that search, not try to make you stop using it. (And even if you do, those old searches associating your character will still show even if you change the submissions.)
If this guy was cool about it and said "Hey, I've got a store called "Java Roo", you should check us out!" Wouldn't you want to buy a mug or hat from him? Instead, he chose the "Ooh- you're names too much like mine. Waa!" which makes me not want to fool with his store, or his merchandise.
He would still have to prove that it violates his trademark; as is, the only thing he's got Trademarked via government offices is the name "Java-Roo". As long as you don't use that name, as "Java-Roo" or "Java Roo", he's got no legal ground.
As an example, there are Seven Active Trademarks in the "Mugs" category that use the name "Java" in their title. Thing is, not one of them is JUST "Java." http://www.trademarkia.com/trademar.....p;cn=&st=1
You can trademark a specific way of DRAWING the word "Java", and you can trademark a combination of words "Java-Roo", "Killer Roo" "Killer Java" etc. You can't trademark "Java" by itself.
He'd have to sue the above linked Trademark owners if hes going to sue you.
As far as your characters look goes, he's got no leg on that either. Your character design looks nothing like his and does not constitute any form of infringement or plagiarism. With their designs there is no way to claim they could be confused for each other.
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Beyond this the next question is - what could you use without worrying about this happening again? I mean, who would've thought, in the USA, that there'd be a place called "Java-Roo"? And can you be sure whatever you go to next isn't already trademarked buy some random person?
The main thing he seems concerned about is the fact that he's not getting all the attention. He's upset because "Java Kangaroo" brings up your images and not his. His trademark and store name is "Java Roo", not "kangaroo". As such, thats all web searches find. All he would really have to do is add "kangaroo" to search criteria to improve his results in that search, not try to make you stop using it. (And even if you do, those old searches associating your character will still show even if you change the submissions.)
If this guy was cool about it and said "Hey, I've got a store called "Java Roo", you should check us out!" Wouldn't you want to buy a mug or hat from him? Instead, he chose the "Ooh- you're names too much like mine. Waa!" which makes me not want to fool with his store, or his merchandise.
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