[PocketRocket]

I may have given you the wrong idea. If you're going to print them yourself, and don't plan on flaunting them around or reselling them, there is most likely very little risk of you encountering legal complications (at worse you may be told to 'cease and desist'). It doesn't make it legal, but it's not likely something you'd get thrown into jail for. You could probably even duplicate a casino's inlay close to the exact layout (i.e. copy it) and probably not get into any trouble (unless you tried to pass it off in a casino ) .

[quote="Novikan"]At this point I dont know if i will carry on with this desing because of the TM laws... i may go this direction...
/[quote]

[whitepotatoe]

I'm in law school.

[disclaimer] I am not your attorney. [/disclaimer]

You can never get any kind of legal advice from a message board that is reliable, because you really don't know who you are talking to. Ever seen Catch Me If You Can?

I am going to throw out some statutes, which you could find yourself if you looked for them, which is what you seem to be looking for, rather than legal advice. You can decide for yourself whether you think you might be liable for trademark infringement, or whether you would want to talk to an attorney. I added emphasis for effect.

15 USCS § 1114

(1) Any person who shall, without the consent of the registrant--
(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
(b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive.

15 USCS § 1125

(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which--
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities,
--shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.
…
(4) The following shall not be actionable under this section:
(A) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark.
(B) Noncommercial use of a mark.
(C) All forms of news reporting and news commentary.


This is taken from American Jurisprudence, which is basically a legal encyclopedia.

The infringement of a trademark consists in its use or imitation by another on his goods in such a manner that the purchasers of the goods are deceived, or liable to be deceived, and induced to believe that the goods were manufactured or sold by the owner of the trademark.

Under the Lanham Trademark Act, a person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which (1) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his goods, services, or commercial activities by another person; or (2) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or another person's goods, services, or commercial activities, is liable in a civil action by a person who believes that he is or is likely to be damaged by the act.

To succeed on claims of trademark infringement under the Lanham Act, the owner of the mark must show that it had a valid mark that was entitled to protection under the Lanham Act and that the alleged infringer's actions are likely to cause confusion with the owner's mark.

74 AmJur 2d § 85.



So, draw your own conclusions.

Personally, I would be way more worried about having your poker game (which probably is illegal) getting busted by the cops than any trademark issues.

[whitepotatoe]

PS

You owe me $600.

[Captn_All_In]

Originally Posted by whitepotatoe

PS

You owe me $600.

HHAHAAHAHAA That was great!!

[imthatguy]

Don't let copyright law get you down. Make your labels, as long as you're not directly profiting from your Nexgens, I wouldn't worry about it. Law enforcement agencies have bigger fish to fry. Like music downloaders & pot smokers...

[Novikan]

thanks guys for your help... i just need to edit the inlay graphic... i think i may change the rose to black... but im having a hard time with it... can anyone help?

[Novikan]

Alright here's my attempt with my artistic ability.... went with a front and back design... tell me what you think.

[PocketRocket]

Right, you're in law school. You're not only not his attorney, you're not an attorney

And many Bar associations do have morals and ethics requirements including a background investigation. Do think about your future and your eligibility for a Bar ticket, if you want to go out and play lawyer carelessly on the internet.

Originally Posted by whitepotatoe

I'm in law school.

[disclaimer] I am not your attorney. [/disclaimer]

You can never get any kind of legal advice from a message board that is reliable, because you really don't know who you are talking to. Ever seen Catch Me If You Can?

I am going to throw out some statutes, which you could find yourself if you looked for them, which is what you seem to be looking for, rather than legal advice. You can decide for yourself whether you think you might be liable for trademark infringement, or whether you would want to talk to an attorney. I added emphasis for effect.

15 USCS § 1114

(1) Any person who shall, without the consent of the registrant--
(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
(b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive.

15 USCS § 1125

(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which--
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities,
--shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.
…
(4) The following shall not be actionable under this section:
(A) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark.
(B) Noncommercial use of a mark.
(C) All forms of news reporting and news commentary.


This is taken from American Jurisprudence, which is basically a legal encyclopedia.

The infringement of a trademark consists in its use or imitation by another on his goods in such a manner that the purchasers of the goods are deceived, or liable to be deceived, and induced to believe that the goods were manufactured or sold by the owner of the trademark.

Under the Lanham Trademark Act, a person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which (1) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his goods, services, or commercial activities by another person; or (2) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or another person's goods, services, or commercial activities, is liable in a civil action by a person who believes that he is or is likely to be damaged by the act.

To succeed on claims of trademark infringement under the Lanham Act, the owner of the mark must show that it had a valid mark that was entitled to protection under the Lanham Act and that the alleged infringer's actions are likely to cause confusion with the owner's mark.

74 AmJur 2d § 85.



So, draw your own conclusions.

Personally, I would be way more worried about having your poker game (which probably is illegal) getting busted by the cops than any trademark issues.

[Johnny5]

Originally Posted by PocketRocket

Right, you're in law school. You're not only not his attorney, you're not an attorney

And many Bar associations do have morals and ethics requirements including a background investigation. Do think about your future and your eligibility for a Bar ticket, if you want to go out and play lawyer carelessly on the internet.

WOW - someone needs to relax!

All the guy did was "throw out some statutes, which you could find yourself if you looked for them".

He never said he was an attorney, nor did he even come close to playing lawyer like some others in the thread (not mentioning any names).

[jldecarlo]

Originally Posted by Johnny5

WOW - someone needs to relax!

Amen, Brother Johnny.

L