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Team Builder: A lawsuit waiting to happen?

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Old 06-09-2009, 02:56 PM   #41
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Re: Team Builder: A lawsuit waiting to happen?

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Originally Posted by GTheorenHobbes
Actually, the customization in All-Pro Football wasn't all that extensive. You could get close, but not anywhere near the level that NCAA's Team Builder allows. I know...I tried to create authentic Steeler uniforms but couldn't get it. Another difference: 2k didn't host a website where users could create EXACT replicas of NFL uniforms and then share 'em with other users, like EA's doing here. Presumably, 2k didn't do it because they were afraid of the legal risks. Madden isn't doing it this year, presumably on account of the same legal risks. If Back Breaker tries it, EA and the NFL will have a hard time arguing to shut 'em down, if they're doing the same thing with their NCAA game. I think it will be interesting to see how this all turns out.
Yeah, but with Trademarks you don't always have to be exact. Sometimes close enough can get you in trouble (confusing similarity argument). All it takes is a concerned company and a good legal team to argue it. I'm reminded of how ESPN went after EA over EASN, and that to me didn't even really constitute the whole close enough idea, but ESPN pulled it off and EA backed down.

On a sidenote, there are some uni's I've seen created in APF that were so close to the marks of other leagues and associations, it was pretty amazing. I saw one that looked exactly like the USC Trojans (even the logo was close), and the guy even used the name "Trojans" which--if I recall correctly--is in APF's audio database.

But as I said, and you mentioned as well, the team hosting part is where the real trouble could start. I still don't think anything will happen, but then again EA is seeming to catch cases all over the place these days so who knows. It's somewhat risky given their position to even be tempting the possibility.
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Old 06-09-2009, 03:11 PM   #42
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Re: Team Builder: A lawsuit waiting to happen?

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Originally Posted by GTheorenHobbes
What's going to happen when someone creates the real WV Mountaineers' roster and EA hosts it? If EA is marketing this feature and selling the game for a HUGE profit, some 2nd or 3rd string player is probably going to try to cash in. The recent spate of lawsuits shows that to be true.

Like I said, enjoy it while you can.
All they have to do is delete the content off the website.

God, some of you need to use your brains around here. It's not hard. We have one for a reason.
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