I was skimming around recently and stumbled upon this guild called Square Enix, yes, Square Enix. I just want to bring this to your attention as I really don't know if that's something smart to be titling your BYOND site as. I would think that Square Enix wouldn't be too happy to see that. Maybe they'd see it as good clean fun, but I really don't know.
I really seems like a stupid mistake by this person to me. Square Enix would probably never find it, but you never know.
I guess the funny thing about that site is that there are no fan games on there after Square Enix games...it's all anime basically.
ID:293667
 May 23 2009, 7:11 am
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There are no concerns on my part. He can have that name for I all really care. I was just questioning if such a thing is even legal.
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Actually, funny enough, I would not even be allowed to make any statement concerning legislative terms, since I'm German and the new "Telemedien Gesetz" is, well, let's say... "unusual" ;)
There are these times when I am sure that Germany is the most bureaucratic country on this planet. So as far as my (private) statement on this goes: "In order to judge if something is legal or not, better visit a lawyer" *sighs* | |
Under US law, generally speaking, if there is no attempt to impersonate a trademark, and there is no chance of a confusion of ownership, there isn't an issue. Somebody could, if they so choose, name their kid Square Enix, and Square Enix(the game company) would have no legal recourse. Likewise, simply naming a guild "Square Enix" is unlikely to draw and issue with Square Enix unless it became big enough to create confusion in the brand.
Being a guild detected to games means that there is a mix between Square Enix as a publishing company and Square Enix as a guild. However, Square Enix would have to prove in a court of law that the Square Enix guild could be reasonably confused with Square Enix the game company. That is all to say, it's not really a big deal, and not something the BYOND Staff needs to worry about. If Square Enix has an issue, they will contact the guild owner, or BYOND themselves and it will be dealt with accordingly. | |
I would like to note that this is kind of a case between the copyright holder and the person who set up the HUB.
If you want to take actions yourself, I'd say it is best to first ask the guild owner in private and confront her with your concerns.
If all else fails and you still think action has to be taken, then you should use contact form instead.
Thank you in advance.
Yours sincerely,
Schnitzelnagler.