Inktober Book Plagerism Accusations
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@ajillustrates said in Inktober Book Plagerism Accusations:
@jimsz Whether trademarked or copyright protected, the Inktober site is fairly clear: "Please donโt use the INKTOBER logo, unless you have written permission or license to do so." Since the Standard Character Mark covers all uses of the word trademarked, regardless of how it looks, I think it's safe to say that extends to the logo by default.
The word inktober is trademarked and since it is in the logo, it is trademarked there as well. However, many companies will also file a separate trademark for a specific logo design. In this case that has not been done. Copyright has nothing to do with this.
As for the logo, they were made available for years for artists to use without disclaimer or credit asked for. Look into the the old pages at Archive.org.
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@jimsz Yes - you are correct. Other than my "copyright protected" flub, we're in full agreement. However, I still haven't been able to find a webpage encouraging the use of the logo, even using Archive.org. One thing that I haven't been able to easily clear up, but you may be able to, is whether trademarks extend backward. Meaning, would artworks for sale using the Inktober name or branding be in violation if they were produced before the filing or registration date?
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@davidhohn @jimsz @pixel-dsp Thanks, guys! This was educational. You have a point, though very similar, it is technically not illegal to start your own inktober-like challenge online.
I don't like people capitalizing on the downfall of inktober but this Atelier might've planned on launching this new challenge even before the new controversy started and have no ill intentions. I guess it's wrong of me to immediately assume that they're somewhat trying to take advantage of the situation.
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@ajillustrates said in Inktober Book Plagerism Accusations:
would artworks for sale using the Inktober name or branding be in violation if they were produced before the filing or registration date?
The way it was explained to me, it can extend back so to speak. If the item were still being sold/used when the trademark is obtained the trademark owner can enforce their trademark. However, don't forget that more than one person can own a trademark on the same word/name under different classifications so that is another set of circumstances to deal with.
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@jimsz Awesome - thanks for the clarification!
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@jthomas Thanks for the heads up! Just had a check online and looks like Blackwells (UK) will be sending out copies on Oct 20th. Yay!!! Looking forward to recieving my Inktober book!
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any infos on when the book will come out now?
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@Molambo I received an email from Indigo (Canadian book chain) saying my order was cancelled. But no mention of why or what.
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I just double checked and it seems listings online have either been removed or post as sold out... not sure whatโs going on itโd be nice to get an update though
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@Molambo I've not received any updates, but on checking Blackwell's site it now says 1 Dec for dispatch.
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Wondering about updates on this. Amazon keeps moving back the ship by date. Iโm guessing itโs just a giant legal mess right now.
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@Pamela-Fraley Just saw that itโs back up for pre-order for B&N with shipping in March.
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My Amazon pre-order says it shipped and has a tracking number
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@K-Flagg I have a valid tracking number too, arriving Wednesday, but when I click on "buy again" on amazon, the book does not appear. Strange.
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IT'S HERE!!!!!
AND IT'S AMAZING!
Great job @Jake-Parker!
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@burvantill no way!! When did you get it? Where is it available?
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Yay!! It's arriving Thursday!!! I know October is Inktober month, but I might have to do another round after it arrives. Thank you Jake Parker!
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@burvantill Mine's on the way! Should be here tomorrow