Hmmm.....is that actual Stargate IP....or is it just somethingly in a vaguely similar style?
Note that unless the art-work was actualy produced by MGM (or some artist that Bob didn't have permission from)..... I think you'd properly be looking for Trademark infringement rather then Copyright. Copyright refers to stuff you ACTUALY produce.... not a particular style or similarty of images, ideas, IP, etc.....but the artists ACTUAL WORK.
Trademark would refer to imagery, logo's etc, that might logicaly confuse a viewer about WHO the holder of a particular site was.
I could see making an arguement for Trademark infringement.... given the associations with Stargate and all (( the term "Jaffa", the association with SGW, etc)).
Note that the use of Egyptian imagery, or space imagery or the two in combination are NOT neccessarly infringements of trademark..... since the Eye of Isis and the image of Horus are ACTUAL mythological symbols which ARE in the Public Domain .... not origional concepts created by MGM (7,000+ years of prior art and all that)...... MGM could not properly claim them as Trademarks in the general sense....but could claim them as Trademarked in specific usage.
For example...... if you used am image of an apple on computer you were producing for sale....Apple could rightfully claim Trademark infringement.... if you put the same image on the Sign advertising your fruit stand, it couldn't (while it could TRY, but it would be misusing it's trademark in that instance).
Yeah your right there....trademark and using someone elses IP.
As to the whole site, its called jaffa partners, which is either a chocolate biscuit, or a character in the IP, somehow I don't think he is referring to the chocolate biscuit. As to the imagery, along with the use of the name, he is making similarities between his site and the Stargate IP (actually using the stargate image of the snake head). Its not just whether the imagery used is similar or the name used for the company seems to carry some semblance, its the whole shebang really, the site is made to look like Stargate. I have seen many court cases were people are sued for name use or even image use that is similar and made to look like something.
The whole point is, if you saw that page, without knowing anything about it, you would say STARGATE, since its using terminology and imagery from the TV show. But you are right its a trademark violation than a copyright one.
Comments
Hmmm.....is that actual Stargate IP....or is it just somethingly in a vaguely similar style?
Note that unless the art-work was actualy produced by MGM (or some artist that Bob didn't have permission from)..... I think you'd properly be looking for Trademark infringement rather then Copyright. Copyright refers to stuff you ACTUALY produce.... not a particular style or similarty of images, ideas, IP, etc.....but the artists ACTUAL WORK.
Trademark would refer to imagery, logo's etc, that might logicaly confuse a viewer about WHO the holder of a particular site was.
I could see making an arguement for Trademark infringement.... given the associations with Stargate and all (( the term "Jaffa", the association with SGW, etc)).
Note that the use of Egyptian imagery, or space imagery or the two in combination are NOT neccessarly infringements of trademark..... since the Eye of Isis and the image of Horus are ACTUAL mythological symbols which ARE in the Public Domain .... not origional concepts created by MGM (7,000+ years of prior art and all that)...... MGM could not properly claim them as Trademarks in the general sense....but could claim them as Trademarked in specific usage.
For example...... if you used am image of an apple on computer you were producing for sale....Apple could rightfully claim Trademark infringement.... if you put the same image on the Sign advertising your fruit stand, it couldn't (while it could TRY, but it would be misusing it's trademark in that instance).
Yeah your right there....trademark and using someone elses IP.
As to the whole site, its called jaffa partners, which is either a chocolate biscuit, or a character in the IP, somehow I don't think he is referring to the chocolate biscuit. As to the imagery, along with the use of the name, he is making similarities between his site and the Stargate IP (actually using the stargate image of the snake head). Its not just whether the imagery used is similar or the name used for the company seems to carry some semblance, its the whole shebang really, the site is made to look like Stargate. I have seen many court cases were people are sued for name use or even image use that is similar and made to look like something.
The whole point is, if you saw that page, without knowing anything about it, you would say STARGATE, since its using terminology and imagery from the TV show. But you are right its a trademark violation than a copyright one.