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INTEREST: Touhou Project-Linked Trademarks Upheld for Non-Creator


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notreve





PostPosted: Wed Jul 04, 2012 8:02 pm Reply with quote
Should i be laughing at Zun for not doing it before or cursing the guy who did it?
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Fencedude5609



Joined: 09 Nov 2006
Posts: 5088
PostPosted: Wed Jul 04, 2012 8:06 pm Reply with quote
Not doing this was remarkably dumb of Zun.
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Sam Murai



Joined: 01 Dec 2006
Posts: 1051
PostPosted: Thu Jul 05, 2012 1:00 am Reply with quote
And this is "Case One" in registering a trademark or claiming intellectual rights to something you make that becomes popular. The non-creator may be willing to play ball, but there are plenty of opportunistic people out there that would just love hijack anything successful that they can get their hands on.
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Ringking



Joined: 14 Sep 2009
Posts: 338
PostPosted: Thu Jul 05, 2012 4:05 am Reply with quote
1: Buy Trademarks
2: Sell to ZUN for large sum
3: Profit

I could see this setting a very dangerous precedent.
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Otaku_X



Joined: 25 Nov 2008
Posts: 298
PostPosted: Thu Jul 05, 2012 7:14 am Reply with quote
Is it bad that I wish I could fly to Japan and punch this guy in the nuts?
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egoist



Joined: 20 Jun 2008
Posts: 7762
PostPosted: Thu Jul 05, 2012 7:26 am Reply with quote
I'd have done the same.

So, if you're gonna be affected on a "sentimental level", why not have secured it before instead of playing the Good Samaritan.
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Shii



Joined: 25 Mar 2005
Posts: 110
PostPosted: Thu Jul 05, 2012 9:32 am Reply with quote
Fencedude5609 wrote:
Not doing this was remarkably dumb of Zun.
Generally doujinshi teams do not register trademarks.
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Polycell



Joined: 16 Jan 2012
Posts: 4623
PostPosted: Thu Jul 05, 2012 9:46 am Reply with quote
So it's pretty much like that guy who registered the Linux trademark and apt to end up the same way.
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egoist



Joined: 20 Jun 2008
Posts: 7762
PostPosted: Thu Jul 05, 2012 10:31 am Reply with quote
Shii wrote:
Fencedude5609 wrote:
Not doing this was remarkably dumb of Zun.
Generally doujinshi teams do not register trademarks.


Doujinshi generally don't become as popular as Hatsune Miko.
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CrownKlown



Joined: 05 May 2011
Posts: 1762
PostPosted: Thu Jul 05, 2012 4:07 pm Reply with quote
Wow the Japanese system is awful if they allowed this. In the US there is no need to register, yes you will have to challenge in court and prove you had rights to a TM or Copyright, but you do not have to go out of your way to officially register.

And seriously, I dont know what Touhou means honestly, I dont speak Japanese, it could be something common, and give the guy the benefit of the doubt, but he seriously should not have been able to register the Shanghai Alice one, really, so you are going to start rewarding people who circumvent the real purpose of patenting in hopes of making a few bucks.
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Chagen46



Joined: 27 Jun 2010
Posts: 4377
PostPosted: Thu Jul 05, 2012 4:50 pm Reply with quote
Quote:
And seriously, I don't know what Touhou means honestly, I don't speak Japanese, it could be something common,


"Touhou" means "Eastern". Your call on whether or not that's common enough to be a problem.
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Clarste



Joined: 06 Feb 2012
Posts: 425
PostPosted: Thu Jul 05, 2012 7:10 pm Reply with quote
It's extremely common. There are multiple companies named Touhou, including the movie studio behind Godzilla. That's why the official name of the series is Touhou Project, to differentiate it.

Edit: Nevermind, the Godzilla one uses different kanji.
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notreve





PostPosted: Thu Jul 05, 2012 8:20 pm Reply with quote
Since the guy registered "Touhou Project" and "Team Shanghai Alice", there is no doubt about his intentions.
This may become a problem now because there are a lot of touhou merchandise/goods in the market with the copyright sign "(C) 上海アリス幻樂団".
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LUNI_TUNZ



Joined: 28 Apr 2010
Posts: 809
PostPosted: Thu Jul 05, 2012 8:36 pm Reply with quote
notreve wrote:
Since the guy registered "Touhou Project" and "Team Shanghai Alice", there is no doubt about his intentions.
This may become a problem now because there are a lot of touhou merchandise/goods in the market with the copyright sign "(C) 上海アリス幻樂団".


Well, I guess that answers the question I was about to ask about whether or not touhou was distributed for free.

According to Zun this ruling wont affect already released merchandise, of course this is also the same guy who failed to trademark his game so, I don't know how trustworthy he can be.
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MopZ



Joined: 10 May 2012
Posts: 40
PostPosted: Fri Jul 06, 2012 8:52 pm Reply with quote
notreve wrote:
Since the guy registered "Touhou Project" and "Team Shanghai Alice", there is no doubt about his intentions.
This may become a problem now because there are a lot of touhou merchandise/goods in the market with the copyright sign "(C) 上海アリス幻樂団".


Why am I tempted to start a kickstarter to pay for Golgo-13 after reading that...
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