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star trek - star wars not in kitely market

PostPosted: Thu Jan 11, 2018 2:51 pm
by Chris Namaste
greetz everyone,
my question : yesterd or day before i got notified that my outfits (completely handmade, for women & men), were put inactive since its a trademarked brand so i need a commercial license from the trademark holders to sell it, i took my outfits off,the market.

that was :( since,ive spend so much time on them,and they were unique, completely made by me & my rl partner (lines in blender,the lots). i wanted it to be sogood looking (customerrequest).

ive been,looking, in market, and i ve seen other creations 'refering to and named star trek-star wars' around still now
i cant understand why some creators can keep their work in market and some not?
its hard to imagine some of us have lisences with such brands?
thx
chris

Re: star trek - star wars not in kitely market

PostPosted: Thu Jan 11, 2018 4:37 pm
by Ilan Tochner
Hi Chris,

You can't use unlicensed copyrighted designs in your product listings, nor can you use unlicensed third-party trademarks to promote your products.

The product listings that were brought to our attention in Kitely Market, which haven't been modified or deactivated as a result, refer to movies and TV series names in their product description but not in the product names. In addition, to our knowledge, they don't include any copyrighted designs and only refer to the trademarks by stating that the item on sale was loosely inspired by items appearing on that show or that they are models of the real world geographical locations where the show was made. That is, they don't leverage the trademarks to promote their goods nor do they include any copyrighted designs in the product itself (which, if I'm not mistaken, yours did).

Re: star trek - star wars not in kitely market

PostPosted: Thu Jan 11, 2018 6:38 pm
by Chris Namaste
now i understand,it better ilan,right
they had a pin on chest and a buckle pin of hte movie (cos customer asked)
i wont do that never again lol

Re: star trek - star wars not in kitely market

PostPosted: Thu Jan 11, 2018 7:46 pm
by Ilan Tochner
Thank you Chris.

We have to ensure that people respect other people's copyrights and trademarks so those little things can be the difference between a legal homage and an illegal use of third-party intellectual property.

Re: star trek - star wars not in kitely market

PostPosted: Fri Jan 12, 2018 12:53 pm
by Chris Namaste
thx ilan, ill keep that inmind for future,that those details,mattered,i didnt realise honestly,
upto making new & diffrent details :)

Re: star trek - star wars not in kitely market

PostPosted: Sat Jan 13, 2018 2:08 pm
by Doe Massani
in your descriptions can you simply say "Inspired by the looks of X"?

Re: star trek - star wars not in kitely market

PostPosted: Sat Jan 13, 2018 2:36 pm
by Ilan Tochner
Hi Doe,

I am not a lawyer, and you may still receive a DMCA takedown request for doing so so take the following with a grain of salt. To my knowledge, the product description can say it is inspired by a trademarked item but you may not include any unlicensed trademarks or copyrighted designs in the product images or in the product itself.

Re: star trek - star wars not in kitely market

PostPosted: Sat Jan 13, 2018 5:59 pm
by Daniel Hoffman
Good to know, all around. Thanks for the clarify!

Daniel H.