Trademark and the Scratch online community

Isjee594

I think this was all a silly thing to get upset about. There are both kids and adults on this website, and you can't expect everyone on here to always pay attention to copyright. Just because there's a studio that has the same name as a famous place doesn't mean you have to change the studio name - it's just a joke, a random connection between two different things. I do that all the time, and I'm sure several other people do, too. It isn't something to get all riled up about, instead it's something to laugh at and move on.

Photoguy77

Geez…

Last edited by Photoguy77 (April 5, 2014 22:24:05)

-Photoguy77

“Without enjoying, one will never truly learn” ~Flome

“Finding happiness starts in you” ~ProdigyZeta7

banjocreeper32

Lightnin wrote:

Recently the owner of the registered trademark for “Animation Hall of Fame” contacted us to request that we rename or remove a Scratch Studio titled “Animation Hall of Fame”. Apparently when one Googles “Animation Hall of Fame,” the link to their organization is first, but the results also include a link to a Scratch Studio with the same name.

We see the value of trademark law: We wouldn't want anyone else to be able to create a programming language called Scratch. That could lead to a lot of confusion, and wouldn't be fair. However, there are limits to how broadly trademark should be applied. For example, if someone created a skateboard called Scratch, I don't think we'd have much reason to complain (as long as they weren't using our logo, or claiming some kind of association or endorsement from us.)

But in this case, we don't feel that this trademark claim is reasonable or fair. According to the About page on their website, their “Animation Hall of Fame” is:

“To be located in the Central Florida area of the United States, the Animation Hall of Fame, Inc. complex will be an international interactive, entertainment attraction honoring the history and heritage of Animation from around the world. This state of the art high-tech complex and each of its venues will be designed to educate and entertain animation fans and non-fans alike from around the world.”
( http://animationhalloffame.org/about.html )

The Scratch studio formerly titled “Animation Hall of Fame” is, well, a Scratch studio: A webpage, created by a Scratcher, that shows projects made by kids who are learning to program animations with Scratch, a free programming tool created at MIT.

http://scratch.mit.edu/studios/346625/
(Check it out- there are some good Scratch animations in there!)

Is it really reasonable to demand that we rename this Scratch studio to avoid possible confusion between a multimillion dollar complex in Florida, and a webpage with some Scratch projects? We really don't think so. But because taking legal action to contest this would be very expensive and time consuming, we agreed to change the title of the studio formerly known as “Animation Hall of Fame” to: “Scratch Hall of Fame - Animation.” I guess this clarifies what should be pretty obvious: A webpage with some Scratch projects is not likely to be confused with a multimillion dollar museum.

i don't think that was attentional

SandboxScratcher

NoxSpooth wrote:

So they really thought the name of a collection of projects in an educational website would interfere with their business?

Gee.

Yea. It's not like they were going to really try and beat them. Those animations are like probs worldwide wonders, those are just some cool ones. They're not even professional or as good as some bad tv shows. (no offense project creators)

Those faces…

supersam2903

when I receive [Laughter v]
think [LOL :P] for (a few) secs

I'm part of this!

You won't be unknown anymore

supernic12347

since it comes up as the first one i think they should change maybe a little bit of the name but then again that name is used quite a lot, im not sure.

file

//C

Users/New/Desktop/supernic12347.jpg

Ink-Heart

veryeasytoremember wrote:
*sudden realization* wait, can you really use HTML on this? Let me test:

:0 That isn't normal HTML, it's different… (like different brackets, [ instead of < )

Foxes. Foxes everywhere.

Happiny-64

veryeasytoremember wrote:
*sudden realization* wait, can you really use HTML on this? Let me test:

:0 That isn't normal HTML, it's different… (like different brackets, [ instead of < )

I can't even put my pictures from Hatena Fotolife on the forums… HOW DO YOU DO IT

This account is dead. The user associated with this account has left this website. If you wish to continue seeing animations from this user, click on this link.

Esmrald

Can I just say scratch haas really opend a new window for me!
I loved the idea of making my very own games as its what i want to do when im older.

when green flag clicked

say [Thanks] for (2) secs

add [a new opertunity] to [list v]

set [hobby v] to [making games]

say [I really owe you one scratch team! You've helped me find a new passion!] for (2) secs
broadcast [this kid has left the comments v]

gdpr533f604550b2f20900645890

I didn`t read the posts, so forgive me if this has been already said, but I feel like “Animation Hall of Fame” is too broad to be trademarked. It`s like trademarking “List of Presidents” or “My Cupcake Shop.” I don`t know about law, so I may be wrong. But trademarking such a generic name in the first place just seems silly.

AnonymousMe

Lightnin wrote:
mozarty wrote:
The thing is, kids, which predominantly make up the Scratch website, do not and will not take the time to search up a trademark.

And this is at the core of the issue - should kids who are making Scratch studios be required to search a trademark database before choosing a general name? We really don't think so: There isn't a likelihood of confusion.

You're right. I mean, just the scratch studio itself isn't copyrighted, just the website is. So I don't see the problem either.

Things I'm Working On / Going To Be Working On

AM_CPU

cinaparadox

What would happen if we were using characters or content for a project? Such as: We are trying to make a Harry Potter-inspired game. We make all the pictures and we use music that we find somewhere else on Scratch. We code it and put disclaimers that we do not own it. (Seriously, a bunch of kids do NOT own Harry Potter). Then what would happen? What kind of measures would we need to do to prevent a C&D in that respect?
Politely ask our fandoms if we can make fanprojects for them?

cinaparadox

Happiny-64 wrote:
veryeasytoremember wrote:
*sudden realization* wait, can you really use HTML on this? Let me test:

:0 That isn't normal HTML, it's different… (like different brackets, [ instead of < )
I can't even put my pictures from Hatena Fotolife on the forums… HOW DO YOU DO IT

Hatena probably isn't whitelisted on Scratch. You'd need to put the pictures onto a site like imgur or photobucket for them to show up here.

tisoy0508

when green flag clicked
repeat until <[kailo's mouse] = [35]>
    set mouse to (35)
end

Sirmentio

There's one thing I want to know though, if there were say, a Sonic fangame made here, would Sega take action? or would the “fair use” action still apply?

I used to be stickdude123…..but then I am here.

Hailey17

happy

and sad

when green flag clicked
say [happy] for (2) secs
play sound [laugh v]
say [sad] for (2) secs
play sound [cry ]

Happiny-64

cinaparadox wrote:
Happiny-64 wrote:
veryeasytoremember wrote:
*sudden realization* wait, can you really use HTML on this? Let me test:

:0 That isn't normal HTML, it's different… (like different brackets, [ instead of < )
I can't even put my pictures from Hatena Fotolife on the forums… HOW DO YOU DO IT
Hatena probably isn't whitelisted on Scratch. You'd need to put the pictures onto a site like imgur or photobucket for them to show up here.

Do you need an account to upload pictures on those websites?

This account is dead. The user associated with this account has left this website. If you wish to continue seeing animations from this user, click on this link.

Happiny-64

Sirmentio wrote:
There's one thing I want to know though, if there were say, a Sonic fangame made here, would Sega take action? or would the “fair use” action still apply?

I highly doubt it, since people make fangames of stuff all the time. If companies would take action for stuff like that… let's just say there wouldn't be many Scratchers due to lack of ability to post MLP and Warriors projects. And yet, because of this I'm scared to post more Windows (OS) projects… TIME TO CHANGE MY SIGNATURE

Last edited by Happiny-64 (March 24, 2014 18:05:21)

This account is dead. The user associated with this account has left this website. If you wish to continue seeing animations from this user, click on this link.

Hailey17

hmmmm..

cinaparadox

Happiny-64 wrote:
cinaparadox wrote:
Happiny-64 wrote:
veryeasytoremember wrote:
*sudden realization* wait, can you really use HTML on this? Let me test:

:0 That isn't normal HTML, it's different… (like different brackets, [ instead of < )
I can't even put my pictures from Hatena Fotolife on the forums… HOW DO YOU DO IT
Hatena probably isn't whitelisted on Scratch. You'd need to put the pictures onto a site like imgur or photobucket for them to show up here.
Do you need an account to upload pictures on those websites?

You don't really need one for imgur. I use it to upload stuff and then I keep the url. If you want to keep tabs on them an account is recomended.

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