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Joined 2 years ago
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Cake day: July 14th, 2023

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  • If you call yourself the Burger King in your kitchen, there’s no trademark infringement there. However, if you start selling you food and calling yourself the Burger King, then that is a trademark violation. If you want to write Twilight fan fiction using the characters and story lines from the books, you’re free to do so. There is no copyright violation. However, if you want to profit from your expansions to another author’s work, you have to rename the characters and setting and call it “Fifty shades of grey”.

    I believe in must jurisdictions its the distribution that makes it an issue not the selling. If you started handing out your “Burger King” burgers in a public place I would expect to be shut down.


  • Its Trademark Law in Australia.

    For example Cadbury has a trademark protecting its purple (defined as pantone 2685C) from competitors in the chocolate industry. On the other hand Whiskas has one protecting its purple (defined as CMYK {40% C, 100% M) from competitors in the cat food industry.

    Because its trademark law both only cover their specific industries (so purple would be fair game for a business in another field), but despite the precise definitions used for the colours they would be able to argue that a competitor using a similar purple could cause confusion in consumers, (so they effectively block out an area of the color spectrum).