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Nintendo says that custom Etika Joy-Cons can't be sold [Up: seller criticised by Etika’s family. Used name without permission. See threadmarks.]
- Thread starter Slash
- Start date
It is a real thing. There is however the option of the IP owner entering some kind of agreement to permit the continued use, but giving them more control and oversight. That way they continue to control the IP and cannot be seen to be letting infringements go on unchallenged.
It happens in other media too.
It does really suck how heavy handed Nintendo are. It's just not a great way of dealing with it from a PR/community perspective.
The difference is when you profit from it.
If you make a Sonic fangame, SEGA doesn't care.
If you try to sell it or make money in any way with it, that's when things get complicated.
If the Etsy joycons skins don't make use of the joycon name, while Etika does, I can see why they would be singled out. The photo in post 27 doesn't show any skins with joycon printed on them.
Exploiting good feelings towards charities is quite a thing now, I see people quite often saying that they're going to donate a percentage of their profits to a particular charity for a certain amount of time. Often this is crappy pyramid scheme nonsense - things like "aromatherapy" kits or whatever. They share this stuff on social media, in the comments sections of stories about a particular charity or in replies to their posts. That's all definitely a scam and I can understand businesses not wanting to let their products be used to exploit the affection people have for particular causes or charities.
Really what Nintendo should do to avoid all this is to partner with some charities and give them the boost that their status could offer - they may or may not do this already. That way they could have a clear system to make sure that everything is above board and everyone's happy.
Nintendo could have been a mensch and just suggested they remove the infringing trademark(s), but it's not the legal teams place to tell people how to circumvent potential violations.
Using trademarked terms in your own name and on the face of an unlicensed product is kind of a rookie mistake and asking to get C&D'd.
Pretty sure the proceeds from these were going to a youth mental health charity.
Using trademarked terms in your own name and on the face of an unlicensed product is kind of a rookie mistake and asking to get C&D'd.
Pretty sure the proceeds from these were going to a youth mental health charity.
If you sank money into R&D, manufacturing, product development, et al and then someone started re-selling your product, you would pursue them as well. Remove yourself from the consumer end and place yourself in their end. How many times have you had to do something at your job that was about protecting the company's assets, bottom line, reputation, etc?
It's the word JoyCon and the JoyCon logo that I would imagine Nintendo is unhappy with. Remove those and you would be fine.
Not to start an argument, but if you are selling something for your business, it's good to know business law.
Not to start an argument, but if you are selling something for your business, it's good to know business law.
I meant the design itself. I think that's what they're getting taken down for -- using the trademarked images and word.
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Yep; it wouldn't surprise me if it happened after all of this.
I mean, thing about Nintendo going after Etika-themed stuff is that they could - if they wanted to - work with the suppliers to create and manufacture these themselves. It would get far more reach than just someone doing an etsy or whatever, and would garner far more PR.
But, Nintendo gonna Nintendo.
But, Nintendo gonna Nintendo.
It's their IP being printed on it, ofcourse they're gonna go after it. Its shitty that's it's a charity obviously but they shouldn't have printed the IP on it.
Also as an aside, while this is a worthy issue I find associating it with #freemelee (which I support ftr) to be quite tasteless.
Also as an aside, while this is a worthy issue I find associating it with #freemelee (which I support ftr) to be quite tasteless.
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Why Nintendo took the design down
Nintendo hasn't shut him down though.
https://www.independent.co.uk/life-...witch-controllers-charity-etika-b1767396.html
At the bottom of that article, it says
https://www.independent.co.uk/life-...witch-controllers-charity-etika-b1767396.html
At the bottom of that article, it says
The fact that this happened in September and now is speaking about it with him still be able to sell other cases makes it obvious
The post in this thread are fucking maddening to me. Copyright isn't something that needs to be defended ALL THE TIME. You guys saying Nintendo needs to "defend their IP" seem to think Nintendo looses the term "Joycon" cause these guys are making shells for charity. What you think a judge will let Microsoft make their own joycons now if Nintendo let's this fly???? Are you insane? Of course not! If that was the case then ever gaming channel on YouTube would own the copyright to fortnite and among us!
First of all, relax. Secondly, this guy didn't get shut down. He just had to make some changes and he was back in business. This is standard in every secondary product that involves intellectual property. This wasn't a big deal.
Now the timing of this coming out when the C&D came in September and omission of said facts initially really makes the intentions of this guy rather suspect. Add the fact that he's weaponizing a stranger's mental illness to sell a product (the claim of charity remains to be seen) makes it even more suspect.
There's just way too much in the air the really confirm anything in regards to the claims of this thread. That said, if you made this post in the TBH thread it'd make much more sense because that is rather dumb of Nintendo.
Right. That's his fault, not Nintendo's.
Who are you even talking to? I never said I was shocked by their actions, in fact I stated that it gets worse every day. Even then, the answer to dealing with this isn't "just accept it that they work this way and move on." People should absolutely keep talking about the shit Nintendo does and keep the pressure on them.
It provides clarity on why exactly these joycons were taken down though. I see a lot of back and forth in this thread about it.
Ohhh. I assumed they wanted the OP title changed, rather than post a clarification point.
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Thank you, just threadmarked the other post that highlighted this!
Seller is grifting
Is it console warring if I say that Nintendo is easily the worst when it comes to managing their community and fanbase? I mean all of them do shit from time to time but Nintendo looks like the playground bully that never stops. Imagine if Nintendo handled fangames as Sega does.
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No, it's exactly as originally described. Nintendo sent him a cease and desist on the joycons. We have clarifications on exactly why. He's now setting up a new indiegogo for revised designs.
To be fair corporations are scummy in general, telling a company to fuck off is generally justified.
It just so happens that this one specific time, it wasn't warranted.