[HELP WANTED] - Question About My Custom Cape Designs!

[RoyalBrickCustoms]

Hey guys,

So I posted a topic in the BrickLink Forums trying to promote my store and products, and several members replied saying that my designs are "illegal" and violate TLG copyright laws. This is, and was not my intent. I created my cape designs the same way that 100s of other customizers and decal creators have done. What do you guys suggest I do. I have stated several times that these designs are completely custom. Should I contact LEGO, put in for a copyright on my designs, ect.?

Let me know your thoughts. I don't want to cause any trouble.

Thanks,

-Brandon (RBC)

EDIT:

Here is the email I sent to the LEGO Group:

You asked about:

LEGO Company

Anything else

Dear LEGO Staff,

I am a LEGO fan and customizer (I create unofficial custom accessories and parts for use with, and compatible with official LEGO minifigures). I own and operate a small store on BrickLink.com (a LEGO fan-made site for buying, selling, and trading LEGO parts with other LEGO fans), that specializes in providing fellow LEGO fans with custom castle-themed cloth capes. My products are homemade by me, by hand. These items are not authorized or endorsed by the LEGO Group, but are my own individual work (of art). I have based some of the printed designs off of LEGO castle faction sigils. I designed all the patterns myself. Even though the designs are my own, if you believe that I (unknowingly) have violated any trademarks by incorporating the faction sigils in my designs, let me know, and I can remove those items from my store. I included a DISCLAIMER at the bottom of the 'Splash Page' of my store. Here is a link to my store:

www.bricklink.com/store.asp?p=RBCustoms

I hope to here back from you soon.

-Brandon (RBC)

[LEGOmania-Workshop]

Cool, keep it up! I lik ebrick link!

[Cloveapple]

So I posted a topic in the BrickLink Forums trying to promote my store and products, and several members replied saying that my designs are "illegal" and violate TLG copyright laws. This is, and was not my intent. I created my cape designs the same way that 100s of other customizers and decal creators have done. What do you guys suggest I do. I have stated several times that these designs are completely custom. Should I contact LEGO, put in for a copyright on my designs, ect.?

I'm not an expert or a lawyer, but the people who scolded you are not experts either if they are talking about copyrighted capes. You can copyright a poem, a play, a novel, a painting... but a cape? I don't think you can "copyright" a cape. (Someone might be able to trademark a cape if it was a unique looking symbol for your company, or maybe patent it if there was something truly unique about it's physical construction.) I wouldn't take what they said all that seriously.

[plew2000]

I think e-mailing it is the best way to take care of the question. Don't forget to tell us what TLG's say in return!

[RoyalBrickCustoms]

I think e-mailing it is the best way to take care of the question. Don't forget to tell us what TLG's say in return!

Here is what they said:

Dear Brandon

Thanks for getting in touch with us.

It’s great to hear that our bricks are inspiring you.

You can generally use them for your personal project or if nobody is making any money from it. Read the LEGO® Fair Play policy to find out more:

http://aboutus.lego.com/en-us/legal-notice/fair-play/

Unfortunately, we can’t offer any legal advice on the use of LEGO brand names, trademarks and products. If you’re still in doubt, we recommend you ask a lawyer qualified in intellectual property law before you make conclusive decisions about going ahead with your store on Bricklink. Experience over the years has shown that we need to monitor and regulate the commercial use of our trademarks and copyrights carefully. We reserve all rights to take whatever action we deem appropriate based on things that we see in the market at any given time.

We want to make sure we're doing a good job for you, so you’ll always find the link to a four-question survey in our emails. Please tell us how we did today:

LEGO Survey link

Please let us know if you need anything else.

Happy building!

Brian

LEGO® Service

[mdgas]

That didn't give you much to go on in the e-mail itself unfortunately. Are the capes the same shape as the official Lego capes? I could only see that being an issue as far as your capes go. After reading their fair play policy it seems they're more worried about people thinking what other people create is official Lego, or a Lego sponsored product.

P.S. The capes look great!

Edited January 20, 2015 by mdgas

[AmperZand]

If the print on your capes are your design (and they look like they are), I don't think you have anything to worry about. I very much doubt that TLG would pursue you for intellectual property infringement over the shape of the standard capes. There are loads of custom sellers that produce that shape already. If TLG was going to stop them, they should have acted a long time ago. That said, I'm not a lawyer.