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Author Topic: Digital Goods and Trademarks?  (Read 106 times)

bluepenguin123

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Digital Goods and Trademarks?
« on: 02-03-18 at 02:33 am »

So I'm here to hopefully get some insight on a question I have in regards to trademarks and digital goods.

The digital goods in questions are "adoptables" of characters, designs, etc., sold by artists. Once bought the character/design belongs to you.
In one case, this adoptable was Trademarked: "Sushi Dogs" (I wish I could link the url for the trademark but I can't due to not being able to post external links)
It's description reads, "Downloadable image files containing stylized drawings of food-themed, canine characters based on the Japanese Shiba Inu breed, via the internet and wireless devices"
They also have a TOS on a personal website if you search "Sushi Dogs"

Now in most cases once bought the design is yours to do with has you please. However, because this is trademakred I have a question:
"Is the owner of this trademark allowed to revoke the character from you and re-sell or give it away?" or "Do you just loose the right to use the original artwork and brand name."

I'm asking as I've seen in the past that the owner of this trademark "took away" a character someone had obtained of their trademarked adopt and gave it to someone else. This person may of broken their TOS but I'm unsure. But regardless are they allowed to do this under the trademark they filed?

I know this is a weird topic but I'm curious as I see this too often in the freelance artist community. Thanks for any assistance given.
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