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I found the charms based on the Good Cat Candlelamp and the Spirit Wolf while looking for a flap cat tonight.
I don’t see this one as cr infringement. There is no way someone will mistake this hatchling as a windstone. It’s just a hatching dragon. An ugly one at that!
Dragons are thought of to be reptiles, and most reptiles hatch from eggs…Now the mold is a way different story! I wish John/Windstone would/could give us updates on what happens to each case. ie, is it in court, not being prosecuted, warned, etc.
I’m nosey like that!Phoenix wrote:I wish John/Windstone would/could give us updates on what happens to each case. ie, is it in court, not being prosecuted, warned, etc.
I’m nosey like that!I am right there with you. I am curious as to what happens to many of the things people bring up.
pegasi1978 wrote:I found the charms based on the Good Cat Candlelamp and the Spirit Wolf while looking for a flap cat tonight.
I’ve told John about the pendants before a while back. 👿 Oviously the seller is back at it.
Does Windstone really have a copyright on winged cats and winged wolves? Can you copyright something that broad? Or is there some other similarity there that I’m missing?
Stephanie wrote:Does Windstone really have a copyright on winged cats and winged wolves? Can you copyright something that broad? Or is there some other similarity there that I’m missing?
Windstone doesn’t own a copyright on winged wolves or winged cats (note: Melody does own a trademark on the specific term “Flapcat” but that is something else entirely). However Windstone does own a trade dress on the look and style of their sculptures. A trade dress means, essentially, that Windstone owns the very look and style of their pieces, in simple terms.
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My art: featherdust.comQuote:Windstone doesn’t own a copyright on winged wolves or winged cats (note: Melody does own a trademark on the specific term “Flapcat” but that is something else entirely). However Windstone does own a trade dress on the look and style of their sculptures. A trade dress means, essentially, that Windstone owns the very look and style of their pieces, in simple terms.
Ahh. So someone would have to really change the look of a cat with wings or a dog with wings to make it very clear that it wasn’t a Windstone-inspired sculpture. Cat with wings just seems like such a broad thing that I was wondering how you could get a copyright on something like that. This way makes more sense. 🙂
Thanks!Stephanie wrote:Quote:Windstone doesn’t own a copyright on winged wolves or winged cats (note: Melody does own a trademark on the specific term “Flapcat” but that is something else entirely). However Windstone does own a trade dress on the look and style of their sculptures. A trade dress means, essentially, that Windstone owns the very look and style of their pieces, in simple terms.
Ahh. So someone would have to really change the look of a cat with wings or a dog with wings to make it very clear that it wasn’t a Windstone-inspired sculpture. Cat with wings just seems like such a broad thing that I was wondering how you could get a copyright on something like that. This way makes more sense. 🙂
Thanks!
Exactly! I think that someone even mentioned that the winged cat even has the same number of large feathers as the cat candlelamp by Melody! For example, Windstone does not own a copyright on dragons, obviously. But if I were to sculpt one to look like the style/pose or even color of a Windstone dragon, it’s an infringement. 🙂 Hope that makes sense.
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My art: featherdust.comPerfect sense. I didn’t think you’d be able to copyright the very idea of a cat/dog with wings, but wasn’t sure! 🙂
Thanks for the clarification!
So Jennifer,
Is this hatching dragon an infringement? Cause it looks nothing like an actual Windstone! 😆Phoenix wrote:So Jennifer,
Is this hatching dragon an infringement? Cause it looks nothing like an actual Windstone! 😆I don’t know. They are using the same color set (not exactly, but close) to Peacock, and there are some design elements that look very much like Windstone (such as placement of the dragon in the egg, how much of the dragon is emerging, pose, the wing extended onto the egg, etc). So, I don’t know. Only John and their lawyer can decide for sure.
Volunteer mod- I'm here to help! Email me for the best response: nambroth at gmail.com
My art: featherdust.com
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