Take the Trademark Infringement Test
Copyright infringement requires "substantial similarity" of protected elements, whereas the test for traditional trademark infringement is "confusing similarity." That is, the test for trademark infringement asks whether the ordinary buyer -- not looking for subtle differences or fine details -- would believe both products (or services) came from the same source. The key to trademark infringement is "likelihood of confusion," i.e., whether two marks are sufficiently alike to cause consumer confusion as to their source or origin.
http://www.copylaw.com/new_articles/trademrk.html#misuse
On Feb 1, 2015, at 11:10 AM, Clint Anderson <clinta@gmail.com> wrote:
quoted 106 lines heh i just saw someone 'leaked' the fake tracks as a 'pirated aphex ep'
> heh i just saw someone 'leaked' the fake tracks as a 'pirated aphex ep'
> lol
>
>
> Clint Anderson
> Systems Engineer
>
> On Sun, Feb 1, 2015 at 12:07 PM, Clint Anderson <clinta@gmail.com> wrote:
> yeah, that is the shittiest example i have seen i admit, especially taking money for them, that i havent seen until now
>
> their argument would probably be that if someone thinks its worth $7 (assuming they listened to it first) then its not stealing but... most people probably bought it unheard because of the name on it (and being naive)
>
>
> Clint Anderson
> Systems Engineer
>
> On Sun, Feb 1, 2015 at 11:41 AM, Jon Sands <fohdeesha@gmail.com> wrote:
> sure, posting up fake afx releases for download/listen is one thing, especially when it's just your own music you've relabeled.
>
> However stealing someone else's free album, then selling it for your own monetary gain, is quite another. Whoever stole Vaiio's music and made that bandcamp made $400USD from stolen music in less than two hours
>
>
> On 2/1/2015 11:36 AM, Clint Anderson wrote:
>> guys you can get mad but its like a running tradition for like the last how many decades to have fake aphex and autechre releases :)
>>
>>
>> Clint Anderson
>> Systems Engineer
>>
>> On Sun, Feb 1, 2015 at 5:26 AM, Zombiefly <zombiefly@gmail.com> wrote:
>> Fake
>>
>>
>> On Sun, 1 Feb 2015 06:41 karl poechlauer <karljpoechlauer@yahoo.com> wrote:
>> So is shepster not stone in focus ?
>>
>> On Jan 31, 2015, at 11:21 PM, Jon Sands <fohdeesha@gmail.com> wrote:
>>
>>> just checked and confirmed fake, someone stole a couple of sonni vaiio's albums. Mainly this one - http://www.heavymental.ru/netlabel/hm04/
>>>
>>> download the rar for free at the bottom, track 6 on the bandcamp "brainsickly" is track 20 in the rar, "shed barn" etc. Also since that bandcamp started to get passed around, whoever's running it changed the albums from free download to 7 dollars and a few people have bought it. what a douche
>>>
>>> On 2/1/2015 12:13 AM, Jon Sands wrote:
>>>> fakeee
>>>>
>>>> tracks like pronephros make it clear it's someone having an afx wank with their m8
>>>>
>>>> On 1/31/2015 11:26 PM, Justin wrote:
>>>>> Grabbed it. Anyone know if it's legit. First 40 secs sound cool...
>>>>>
>>>>> On Saturday, January 31, 2015, kawayama <kawayama@gmail.com> wrote:
>>>>> a friend on facebook posted the link. i have no idea how people find these things.
>>>>>
>>>>> k
>>>>>
>>>>> 2015-02-01 5:08 GMT+01:00 AV2k <a_void2000@yahoo.com>:
>>>>> I am nearly crying with joy right now.
>>>>>
>>>>> RDJ you are awesome. kawayama, thank you so much for finding - how did you find?
>>>>>
>>>>> From: kawayama <kawayama@gmail.com>
>>>>> To:
>>>>> Cc: idm list <idm@hyperreal.org>
>>>>> Sent: Saturday, January 31, 2015 10:01 PM
>>>>> Subject: Aphex Bandcamp
>>>>>
>>>>> https://user48736353001.bandcamp.com
>>>>>
>>>>> are these the same tracks as on soundcloud?
>>>>>
>>>>>
>>>>> k
>>>>>
>>>>> --
>>>>>
>>>>> constant shallowness leads to evil.
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> --
>>>>>
>>>>> constant shallowness leads to evil.
>>>>
>>>>
>>>> --
>>>> Jon Sands
>>>> Fohdeesha Media
>>>> http://fohdeesha.com/
>>>
>>>
>>> --
>>> Jon Sands
>>> Fohdeesha Media
>>> http://fohdeesha.com/
>>
>>
>
>
> --
> Jon Sands
> Fohdeesha Media
> http://fohdeesha.com/
>
>