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Reply #30 posted 08/02/17 7:49am

crimesofparis

laurarichardson said:

rogifan said:


How so?

In order to violate the copyright you have to copy it exactly unless variations were also trademarks. Prince did have many variations of the symbol trademarked but I do not remember a symbol with a butterfly. I am also sure Sheila E is too silly to hire an attorney.

I'm pretty sure that's not true. About adding the butterfly so it's OK.

But for trademarks, if the estate feels there could be confusion regarding fans thinking they're buying prince merch, or thinking it's more than tangentially related to prince, that's where the estate could step in. But they might lose.

Courts have protected unauthorized use of trademarked images if they're considered "functional" use, in the way that functional is to show your allegiance to something. Normally organizations, but in one case, Betty Boop.

Of course, for all we know, she got permission.

Also, trademarks and copyrights aren't the same thing. Which are we really taking about? Copyrights have some free speech use exceptions, but making changes to someone else's copyrighted work is actually as bad or worse than just duplicating it.
[Edited 8/2/17 7:51am]
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Reply #31 posted 08/02/17 9:31am

Stephie89

When I first looked at it, I was like "Woah"..It wasn't the trademark that caught my attention because it had a butterfly on it, but the prices was crazy.
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Reply #32 posted 08/02/17 9:36am

PennyPurple

avatar

They haven't e mailed me back yet....

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Reply #33 posted 08/02/17 9:53am

crimesofparis

Stephie89 said:

When I first looked at it, I was like "Woah"..It wasn't the trademark that caught my attention because it had a butterfly on it, but the prices was crazy.

I don't get paying $25 for a hat or $60 for a hoodie, but these are unfortunately pretty in-line with most merch I've seen at mid-sized and large venues lately. But those are usually jacked a bit because the venue gets a cut.
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Reply #34 posted 08/02/17 10:36am

eduJ

avatar

unique said:

PennyPurple said:

What makes you think it's in reference to Trump? I don't see Trump, or Nation anywhere on this T-shirt.


Again, I contacted them and will hopefully hear back from them.


It's a disgrace to use this upside down flag and then to put Prince's symbol on it. I can assume he wouldn't be too happy about it either.

google "sheila e donald trump"

in fact instead of asking any more questions here, just type your question into google and look at the links. or send an orgnote to fartvanbellenden as he knows everything

it's only your opinion that it's a disgrace. not a fact. prince is dead so he's not going to know or give a shit either way. sheila fell out with him a while back and never reconciled publically at least, but now she's doing all this stuff in "tribute". if you don't like it, don't buy it. no one is forcing you. you aren't going to make or lose anything as a result of her actions if you don't buy from her. it's got nothing to do with you. let the estate deal with it. twitter donald trumps communications director and tell him how you feel

THIS. Folks need to calm down. I miss and loved the dude just as much as anyone here but lets not pretend he didn't cheat a few folks of $$ along the way. If Sheila, or Jill, or The Family, or Mayte want to recoup a few bucks now, so be it.

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Reply #35 posted 08/02/17 11:00am

rogifan

eduJ said:



unique said:




PennyPurple said:



What makes you think it's in reference to Trump? I don't see Trump, or Nation anywhere on this T-shirt.



Again, I contacted them and will hopefully hear back from them.



It's a disgrace to use this upside down flag and then to put Prince's symbol on it. I can assume he wouldn't be too happy about it either.




google "sheila e donald trump"



in fact instead of asking any more questions here, just type your question into google and look at the links. or send an orgnote to fartvanbellenden as he knows everything



it's only your opinion that it's a disgrace. not a fact. prince is dead so he's not going to know or give a shit either way. sheila fell out with him a while back and never reconciled publically at least, but now she's doing all this stuff in "tribute". if you don't like it, don't buy it. no one is forcing you. you aren't going to make or lose anything as a result of her actions if you don't buy from her. it's got nothing to do with you. let the estate deal with it. twitter donald trumps communications director and tell him how you feel



THIS. Folks need to calm down. I miss and loved the dude just as much as anyone here but lets not pretend he didn't cheat a few folks of $$ along the way. If Sheila, or Jill, or The Family, or Mayte want to recoup a few bucks now, so be it.


So that’s what this is? Then I for sure won’t be purchasing any of this merchandise.
Paisley Park is in your heart
#PrinceForever 💜
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Reply #36 posted 08/02/17 12:16pm

Mumio

avatar

eduJ said:

THIS. Folks need to calm down. I miss and loved the dude just as much as anyone here but lets not pretend he didn't cheat a few folks of $$ along the way. If Sheila, or Jill, or The Family, or Mayte want to recoup a few bucks now, so be it.



Oh? Please make your case for the accusation then. Be sure to include ALL details, because if you don't know them then you are doing nothing but speculating nod


[Edited 8/2/17 12:18pm]

Welcome to "the org", Mumio…they can have you, but I'll have your love in the end nod
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Reply #37 posted 08/02/17 1:56pm

SoulAlive

eduJ said:

THIS. Folks need to calm down. I miss and loved the dude just as much as anyone here but lets not pretend he didn't cheat a few folks of $$ along the way. If Sheila, or Jill, or The Family, or Mayte want to recoup a few bucks now, so be it.


hmmm

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Reply #38 posted 08/02/17 3:43pm

laurarichardso
n

eduJ said:

unique said:

google "sheila e donald trump"

in fact instead of asking any more questions here, just type your question into google and look at the links. or send an orgnote to fartvanbellenden as he knows everything

it's only your opinion that it's a disgrace. not a fact. prince is dead so he's not going to know or give a shit either way. sheila fell out with him a while back and never reconciled publically at least, but now she's doing all this stuff in "tribute". if you don't like it, don't buy it. no one is forcing you. you aren't going to make or lose anything as a result of her actions if you don't buy from her. it's got nothing to do with you. let the estate deal with it. twitter donald trumps communications director and tell him how you feel

THIS. Folks need to calm down. I miss and loved the dude just as much as anyone here but lets not pretend he didn't cheat a few folks of $$ along the way. If Sheila, or Jill, or The Family, or Mayte want to recoup a few bucks now, so be it.

If these people were owed money they had about 30 years to get it straight. The fact is many of these musicians were work for hire and some wrote not one single song. Sheila E has said in numerous interviews that she gets royalty checks and she was still working with Prince up and until 2012.

I doubt she is doing what she is doing in some quest for money. She had been putting out music independently and touring for sometime before Prince's death even her cruise was planned and tickets being sold well before Prince passed.

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Reply #39 posted 08/02/17 3:44pm

laurarichardso
n

Stephie89 said:

When I first looked at it, I was like "Woah"..It wasn't the trademark that caught my attention because it had a butterfly on it, but the prices was crazy.

That is the going price or merchandish these days.

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Reply #40 posted 08/02/17 3:47pm

laurarichardso
n

crimesofparis said:

laurarichardson said:
In order to violate the copyright you have to copy it exactly unless variations were also trademarks. Prince did have many variations of the symbol trademarked but I do not remember a symbol with a butterfly. I am also sure Sheila E is too silly to hire an attorney.
I'm pretty sure that's not true. About adding the butterfly so it's OK. But for trademarks, if the estate feels there could be confusion regarding fans thinking they're buying prince merch, or thinking it's more than tangentially related to prince, that's where the estate could step in. But they might lose. Courts have protected unauthorized use of trademarked images if they're considered "functional" use, in the way that functional is to show your allegiance to something. Normally organizations, but in one case, Betty Boop. Of course, for all we know, she got permission. Also, trademarks and copyrights aren't the same thing. Which are we really taking about? Copyrights have some free speech use exceptions, but making changes to someone else's copyrighted work is actually as bad or worse than just duplicating it. [Edited 8/2/17 7:51am]

Why are you sure it is not true? The symbol is trademarked in various variations this was listed in Prince's inventory sheet and I do not remember any with butterflys over them.

The estate could file a complaint that people might get confused but do you think the average person would get a butterfly or the symbol confused with the symbol without the butterfly.

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Reply #41 posted 08/02/17 4:15pm

crimesofparis

laurarichardson said:

crimesofparis said:

I'm pretty sure that's not true. About adding the butterfly so it's OK. But for trademarks, if the estate feels there could be confusion regarding fans thinking they're buying prince merch, or thinking it's more than tangentially related to prince, that's where the estate could step in. But they might lose. Courts have protected unauthorized use of trademarked images if they're considered "functional" use, in the way that functional is to show your allegiance to something. Normally organizations, but in one case, Betty Boop. Of course, for all we know, she got permission. Also, trademarks and copyrights aren't the same thing. Which are we really taking about? Copyrights have some free speech use exceptions, but making changes to someone else's copyrighted work is actually as bad or worse than just duplicating it. [Edited 8/2/17 7:51am]

Why are you sure it is not true? The symbol is trademarked in various variations this was listed in Prince's inventory sheet and I do not remember any with butterflys over them.

.

The estate could file a complaint that people might get confused but do you think the average person would get a butterfly or the symbol confused with the symbol without the butterfly.

What's your background in trademark and copyright law? I majored in music business and took classes in this kind of stuff.

.

Mickey Mouse is a trademark of Disney. You cannot put a butterfly on Mickey Mouse and say it's fair game. Disney will sue your pants off. Disney tried to sue a DJ who performs in a mouse mask. They wouldn't have done that if they didn't think they had a case, and that mouse mask BARELY looked like Mickey Mouse. It was just similar enough that they thought it could cause confusion.

.

By "variations" of the symbol, they mean the lines of it. There were several different versions made before Prince settled on one, from my understanding.

.

You cannot possibly expect someone to register a trademark with literally anything you could ever think of to place on or around it. You can't just put clip art on top of someone else's trademark and say "whoops well you didn't register it like that," that's ridiculous. The foundation is still the same -- and it's someone else's trademark. A table is a table no matter what you put on it.

.

You COULD make a change to the actual symbol, have it wrap around differently, change the feel of it, and say "well this is designed differently," and maybe you'd have a case.

.

And I don't know what you're trying to say in your last paragraph. But yeah, I think that someone could see Sheila's merch and reasonably believe it was Prince merch.

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Reply #42 posted 08/03/17 10:09am

Zannaloaf

crimesofparis said:

laurarichardson said:

Why are you sure it is not true? The symbol is trademarked in various variations this was listed in Prince's inventory sheet and I do not remember any with butterflys over them.

.

The estate could file a complaint that people might get confused but do you think the average person would get a butterfly or the symbol confused with the symbol without the butterfly.

What's your background in trademark and copyright law? I majored in music business and took classes in this kind of stuff.

.

Mickey Mouse is a trademark of Disney. You cannot put a butterfly on Mickey Mouse and say it's fair game. Disney will sue your pants off. Disney tried to sue a DJ who performs in a mouse mask. They wouldn't have done that if they didn't think they had a case, and that mouse mask BARELY looked like Mickey Mouse. It was just similar enough that they thought it could cause confusion.

.

By "variations" of the symbol, they mean the lines of it. There were several different versions made before Prince settled on one, from my understanding.

.

You cannot possibly expect someone to register a trademark with literally anything you could ever think of to place on or around it. You can't just put clip art on top of someone else's trademark and say "whoops well you didn't register it like that," that's ridiculous. The foundation is still the same -- and it's someone else's trademark. A table is a table no matter what you put on it.

.

You COULD make a change to the actual symbol, have it wrap around differently, change the feel of it, and say "well this is designed differently," and maybe you'd have a case.

.

And I don't know what you're trying to say in your last paragraph. But yeah, I think that someone could see Sheila's merch and reasonably believe it was Prince merch.

so if that is the case I'm sure she will get a C&D. Why do people give a crap? It's not like anyone here can do anything about it. Just a bitch fest.

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Reply #43 posted 08/03/17 10:17am

crimesofparis

Zannaloaf said:

so if that is the case I'm sure she will get a C&D. Why do people give a crap? It's not like anyone here can do anything about it. Just a bitch fest.

Maybe. Maybe not. She's not SAYING they're Prince merch. I think the confusion could play in here, but apparently, this isn't as cut-and-dry.

.

Here's some interesting info about using someone else's trademark: http://www.ipinfoblog.com...-mark.html

.

If I were the estate, I'd leave it alone.

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Reply #44 posted 08/03/17 11:01am

Superfan1984

Could she be doing this (using his trademark) because she's pissed off at the estate- I remember hearing something about some of her things were at PP and they didnt' just hand them over to her- she had to fill out some forms and wait- something like that?

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Reply #45 posted 08/03/17 11:07am

rogifan

crimesofparis said:



laurarichardson said:




crimesofparis said:


I'm pretty sure that's not true. About adding the butterfly so it's OK. But for trademarks, if the estate feels there could be confusion regarding fans thinking they're buying prince merch, or thinking it's more than tangentially related to prince, that's where the estate could step in. But they might lose. Courts have protected unauthorized use of trademarked images if they're considered "functional" use, in the way that functional is to show your allegiance to something. Normally organizations, but in one case, Betty Boop. Of course, for all we know, she got permission. Also, trademarks and copyrights aren't the same thing. Which are we really taking about? Copyrights have some free speech use exceptions, but making changes to someone else's copyrighted work is actually as bad or worse than just duplicating it. [Edited 8/2/17 7:51am]

Why are you sure it is not true? The symbol is trademarked in various variations this was listed in Prince's inventory sheet and I do not remember any with butterflys over them.


.


The estate could file a complaint that people might get confused but do you think the average person would get a butterfly or the symbol confused with the symbol without the butterfly.



What's your background in trademark and copyright law? I majored in music business and took classes in this kind of stuff.


.


Mickey Mouse is a trademark of Disney. You cannot put a butterfly on Mickey Mouse and say it's fair game. Disney will sue your pants off. Disney tried to sue a DJ who performs in a mouse mask. They wouldn't have done that if they didn't think they had a case, and that mouse mask BARELY looked like Mickey Mouse. It was just similar enough that they thought it could cause confusion.


.


By "variations" of the symbol, they mean the lines of it. There were several different versions made before Prince settled on one, from my understanding.


.


You cannot possibly expect someone to register a trademark with literally anything you could ever think of to place on or around it. You can't just put clip art on top of someone else's trademark and say "whoops well you didn't register it like that," that's ridiculous. The foundation is still the same -- and it's someone else's trademark. A table is a table no matter what you put on it.


.


You COULD make a change to the actual symbol, have it wrap around differently, change the feel of it, and say "well this is designed differently," and maybe you'd have a case.


.


And I don't know what you're trying to say in your last paragraph. But yeah, I think that someone could see Sheila's merch and reasonably believe it was Prince merch.


This. My guess is the Estate won’t do anything about it because it’s Sheila. Or maybe she did get proper approval to use it in this way.
Paisley Park is in your heart
#PrinceForever 💜
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Reply #46 posted 08/03/17 12:03pm

laurarichardso
n

crimesofparis said:



laurarichardson said:




crimesofparis said:


I'm pretty sure that's not true. About adding the butterfly so it's OK. But for trademarks, if the estate feels there could be confusion regarding fans thinking they're buying prince merch, or thinking it's more than tangentially related to prince, that's where the estate could step in. But they might lose. Courts have protected unauthorized use of trademarked images if they're considered "functional" use, in the way that functional is to show your allegiance to something. Normally organizations, but in one case, Betty Boop. Of course, for all we know, she got permission. Also, trademarks and copyrights aren't the same thing. Which are we really taking about? Copyrights have some free speech use exceptions, but making changes to someone else's copyrighted work is actually as bad or worse than just duplicating it. [Edited 8/2/17 7:51am]

Why are you sure it is not true? The symbol is trademarked in various variations this was listed in Prince's inventory sheet and I do not remember any with butterflys over them.


.


The estate could file a complaint that people might get confused but do you think the average person would get a butterfly or the symbol confused with the symbol without the butterfly.



What's your background in trademark and copyright law? I majored in music business and took classes in this kind of stuff.


.


Mickey Mouse is a trademark of Disney. You cannot put a butterfly on Mickey Mouse and say it's fair game. Disney will sue your pants off. Disney tried to sue a DJ who performs in a mouse mask. They wouldn't have done that if they didn't think they had a case, and that mouse mask BARELY looked like Mickey Mouse. It was just similar enough that they thought it could cause confusion.


.


By "variations" of the symbol, they mean the lines of it. There were several different versions made before Prince settled on one, from my understanding.


.


You cannot possibly expect someone to register a trademark with literally anything you could ever think of to place on or around it. You can't just put clip art on top of someone else's trademark and say "whoops well you didn't register it like that," that's ridiculous. The foundation is still the same -- and it's someone else's trademark. A table is a table no matter what you put on it.


.


You COULD make a change to the actual symbol, have it wrap around differently, change the feel of it, and say "well this is designed differently," and maybe you'd have a case.


.


And I don't know what you're trying to say in your last paragraph. But yeah, I think that someone could see Sheila's merch and reasonably believe it was Prince merch.


Let me make myself crystal clear placing the butterfly over the symbol does not confuse anyone with half a brain.
If you looked at his inventory sheet he did it settle on one variations there are about a dozen that are trademarked
Some good person has gone and posted a link that I believe will show the mistake is your thinking. I think the estate could spend time going after people who are using the symbol on t-shirts and posters.
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Reply #47 posted 08/03/17 12:31pm

crimesofparis

laurarichardson said:

Let me make myself crystal clear placing the butterfly over the symbol does not confuse anyone with half a brain. If you looked at his inventory sheet he did it settle on one variations there are about a dozen that are trademarked Some good person has gone and posted a link that I believe will show the mistake is your thinking. I think the estate could spend time going after people who are using the symbol on t-shirts and posters.

Are you saying no one could reasonably confuse this with being a Prince shirt?

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Reply #48 posted 08/03/17 2:05pm

laurarichardso
n

crimesofparis said:



laurarichardson said:


Let me make myself crystal clear placing the butterfly over the symbol does not confuse anyone with half a brain. If you looked at his inventory sheet he did it settle on one variations there are about a dozen that are trademarked Some good person has gone and posted a link that I believe will show the mistake is your thinking. I think the estate could spend time going after people who are using the symbol on t-shirts and posters.

Are you saying no one could reasonably confuse this with being a Prince shirt?



Yes I am not confused are you. The estate should go after loads of other people who are directly violating the trademark. Of course she is saying the estate is refusing to give her personal belongings.
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Reply #49 posted 08/03/17 2:39pm

Genesia

avatar

So tired of her.

We don’t mourn artists because we knew them. We mourn them because they helped us know ourselves.
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Reply #50 posted 08/03/17 2:56pm

laurarichardso
n

Genesia said:

So tired of her.


Why ? What crimes has she committed?
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Reply #51 posted 08/03/17 6:09pm

GaryMF

avatar

You all are so jealous of someone who had an actual relationship with Prince it's pathetic.

.

.

SHe's promoting her own album.

.

..

She's in touch with the estate. If they had an issue they'd have told her.

rainbow
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Reply #52 posted 08/03/17 6:27pm

funksterr

It's cute. Let her be.

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Reply #53 posted 08/03/17 7:06pm

PennyPurple

avatar

laurarichardson said:

Yes I am not confused are you. The estate should go after loads of other people who are directly violating the trademark. Of course she is saying the estate is refusing to give her personal belongings.

Why should the Estate go after those other people, but you don't think they should go after Sheila?

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Reply #54 posted 08/03/17 8:01pm

crimesofparis

laurarichardson said:

crimesofparis said:



laurarichardson said:


Let me make myself crystal clear placing the butterfly over the symbol does not confuse anyone with half a brain. If you looked at his inventory sheet he did it settle on one variations there are about a dozen that are trademarked Some good person has gone and posted a link that I believe will show the mistake is your thinking. I think the estate could spend time going after people who are using the symbol on t-shirts and posters.

Are you saying no one could reasonably confuse this with being a Prince shirt?



Yes I am not confused are you. The estate should go after loads of other people who are directly violating the trademark. Of course she is saying the estate is refusing to give her personal belongings.

I'm not confused because I'm looking at it on her website.

I would be confused if I saw it at a mall or a Target.
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Reply #55 posted 08/03/17 8:51pm

motherfunka

avatar

GaryMF said:

You all are so jealous of someone who had an actual relationship with Prince it's pathetic.

.

.

SHe's promoting her own album.

.

..

She's in touch with the estate. If they had an issue they'd have told her.

nod

TRUE BLUE
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Reply #56 posted 08/04/17 12:48am

Lovejunky

I wish people would STOP dissing Sheila, and all the People who

have their own Legacies to continue, due to being Part of Prince s World

All the Bands from the Revolution to 3rd eye girl all the

protoges, everybody who ever played with him, was mentored and inspired by him

will naturally want to honour Him...

prince is the Most efficient fuss free way to pay homage

are we going to diss Duff for having prince on his guitar ?

and what about all the People who have tatooed prince onto their Bodies...?

Seriously....

Sheilas participation is an indelible part of Princes Legacy.

The woman continues to work hard...

So what...Princes Symbol with a Butterfly on top is not doing any harm to anybody....

let it be...

Image result for Sheila E Prince Symbol with Butterfly

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Reply #57 posted 08/04/17 12:58am

Lovejunky

How Dare she !

Image result for Sheila E Prince Symbol with Butterfly

Off with her Hand !

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Reply #58 posted 08/04/17 3:22am

purplethunder3
121

avatar

There's better things to do than worry about this.

"Music gives a soul to the universe, wings to the mind, flight to the imagination and life to everything." --Plato

https://youtu.be/CVwv9LZMah0
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Reply #59 posted 08/04/17 4:42am

rogifan

purplethunder3121 said:

There's better things to do than worry about this.


I don’t think anyone is really worried about it. wink
Paisley Park is in your heart
#PrinceForever 💜
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