Is this copyright infringement??

[911pcars]

One poster containing a guitar and an amp? With the words, "Be a REAL Guitar Hero"?

It's your photo, yes? If the term, "Guitar Hero" is trademarked (probably), IMHO, that doesn't preclude anyone from legally using those words in a sentence or a headline as long as you're not attempting to advertise your version of Guitar Hero, whatever that product is. A trademark doesn't prevent others from using English or foreign words in a normal context, only in commerce where confusion is possible. Relax.

Guitar Hero Guitar Hero Guitar Hero Guitar Hero

see?

Sherwood

[Nathans_Dad]

I'm not worried about it or anything, I was just curious as to whether he could use the image eventually in advertising. Yes, it's my photo.

[911pcars]

Originally Posted by Nathans_Dad

I'm not worried about it or anything, I was just curious as to whether he could use the image eventually in advertising. Yes, it's my photo.

With his name and contact info prominently displayed, yes. I'd stay away from the Guitar Hero type fonts so as not to confuse. As for brand names in the b.g., look at any non-PAG adv. in a Porsche magazine. As for VOX and Fender, why would they object? It's free advertising, just like the logo-littered clothing people wear.

For local distribution, I'd go ahead. If he receives an official-looking cease and desist letter, stop.

Sherwood

[imcarthur]

It didn't take me long to find this: Guitar Hero®

Ian

[nostatic]

"Be a Real Hero on Guitar"

or

"Be a Hero on a Real Guitar"

problem solved

[Nathans_Dad]

The whole guitar hero thing would likely change on any advertising stuff anyways,
I just put it on the poster because we happened to be talking about the game last week during the lesson and he mentioned that he wasn't a big fan of the game.

I was really more concerned about the logos in the image itself, you guys are right though, it's essentially free advertising for Fender and Vox...

[Nathans_Dad]

Originally Posted by imcarthur

It didn't take me long to find this: Guitar Hero®

Ian

True, but I also found this on the first Google page when you search for guitar hero:
Guitar Heroes | The Metropolitan Museum of Art, New York

The Met Museum of Art has an exhibition of antique stringed instruments and the major luthiers through time. They are calling them "guitar heroes".

[stomachmonkey]

Originally Posted by imcarthur

It didn't take me long to find this: Guitar Hero®

Ian

Originally Posted by Nathans_Dad

True, but I also found this on the first Google page when you search for guitar hero:
Guitar Heroes | The Metropolitan Museum of Art, New York

The Met Museum of Art has an exhibition of antique stringed instruments and the major luthiers through time. They are calling them "guitar heroes".

USPTO is your friend.

Here's your search page, start with a basic word search.

When you work in an industry where names are critical you end up spending a lot of time there.

[Gogar]

I don't know about the whole trademark issue,

but you SHOULD be arrested for not using a Tube amp.

[M.D. Holloway]

Worst case you get a "Cease and Desist" letter. I don't think they will go after small time.

From my experience in going after those that use our product names and trademarks, here is a simple check list that our lawyers have us use:

What is the nature of the unauthorized use of the mark?
What is the timeline?
•Is it already in use or merely proposed?
•When was the first use by the alleged infringer?

What is the context?
•In connection with what types of goods or services is the mark used?
•Is the mark the subject of a trademark registration or application?
•What is the extent of use, such as, Internet, brochures, catalogs, retail?

Who is the unauthorized user?
•A competitor?
•A critic?
•A small player in the distribution of unauthorized goods?
•A fan or loyal customer?
•A business partner or licensee?

What practical matters bear on my decision?
With respect to the unauthorized user:
•Is it a large business entity?
•Is it solvent?
•Where is it located?
•Is it historically aggressive or quick to settle?
•What is the personality/reputation of its law firm?
•Is it likely to file a lawsuit for declaratory judgment?

With respect to my position:
•What is the potential cost of litigation?
•What is the likelihood of recovering damages?
•Can I suggest a noninfringing alternative mark or disclaimer?
•Am I comfortable with the C&D being published?

[Nathans_Dad]

Originally Posted by Gogar

I don't know about the whole trademark issue,

but you SHOULD be arrested for not using a Tube amp.

LOL, you're right! The Vox Valvetronix amp does have a tube in it, so it has some tube like properties. I got it as my first amp and for what I do with it, it's great. Has good amp models and such. One day I'll get a Fender tube amp...but that's down the road a ways.

[slakjaw]

Unless you are planning to sell it or use it for some commercial purpose your fine.