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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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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They haven't e mailed me back yet.... | |
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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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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 $$ along the way. If Sheila, or Jill, or The Family, or Mayte want to recoup a few bucks now, so be it. | |
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eduJ said:
THIS. Folks need to calm down. I miss and loved the dude just as much as anyone here but lets not pretend he didn't cheat a few folks of $$ along the way. If Sheila, or Jill, or The Family, or Mayte want to recoup a few bucks now, so be it. So that’s what this is? Then I for sure won’t be purchasing any of this merchandise. Paisley Park is in your heart
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[Edited 8/2/17 12:18pm] Welcome to "the org", Mumio…they can have you, but I'll have your love in the end | |
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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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That is the going price or merchandish these days. | |
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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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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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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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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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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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crimesofparis said:
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
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crimesofparis said:
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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Are you saying no one could reasonably confuse this with being a Prince shirt? | |
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crimesofparis said:
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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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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Genesia said: So tired of her. Why ? What crimes has she committed? | |
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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. | |
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It's cute. Let her be. | |
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Why should the Estate go after those other people, but you don't think they should go after Sheila? | |
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laurarichardson said: crimesofparis said:
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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TRUE BLUE | |
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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...
is the Most efficient fuss free way to pay homage
are we going to diss Duff for having on his guitar ? and what about all the People who have tatooed 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...
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How Dare she !
Off with her Hand ! | |
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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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purplethunder3121 said: There's better things to do than worry about this. I don’t think anyone is really worried about it. Paisley Park is in your heart
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