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If you can't find GANDALF, SHADOWFAX, GOLLUM, etc., don't freak out...

Discussion in 'General E-Liquid Discussion' started by XfooYen, Jan 8, 2013.

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  1. XfooYen

    XfooYen Vaping Master Verified Member ECF Veteran

    Oct 11, 2012
    SoCal
    ...Just read from the HHV supplier thread about the name changes here.
     
  2. DeathsMistress

    DeathsMistress Reviewer / Blogger Verified Member ECF Veteran

    Dec 18, 2012
    Chicago, IL
    Thanks for the update. This isn't really surprising.
     
  3. scarf-ace

    scarf-ace Vaping Master Verified Member ECF Veteran

    Good going XFY. I'll be bumping this as needed.
     
  4. Jerms

    Jerms Vaping Master ECF Veteran

    Jan 1, 2011
    Fargo
    Makes sense. In my mind I don't see why a huge company would mind a small business using their names like that unless they plan on releasing there own OFFICIAL line of LOTR vapes lol. At least it's free advertising (not they movies need it). I understand that's not how copyrights work tho. ADV I see as a good choice for such a popular liquid, and Shadow is still a cool name. I don't know about "Sludge" tho, I could have sworn Virgin Vaper had already released that :D

    Sent from my LGL55C using Tapatalk 2
     
  5. TGCR

    TGCR Super Member Verified Member ECF Veteran

    Aug 25, 2012
    Boston
  6. Robino1

    Robino1 Resting in Peace ECF Veteran

    Those names were thrown up very quickly just to get the names down ASAP. :( I do believe they will get proper names deserving of their greatness in the not too distant future. :) At least we can be assured that the flavors have not changed one bit, they are still awesomeness personified!!! :drool: :laugh:
     
  7. Robino1

    Robino1 Resting in Peace ECF Veteran

    They are currently running a contest to rename the juices in question.

    Bumpity, bump.
     
  8. XfooYen

    XfooYen Vaping Master Verified Member ECF Veteran

    Oct 11, 2012
    SoCal
    If you want to be a part of the renaming process, GO HERE.
     
  9. EleanorR

    EleanorR Vaping Master ECF Veteran

    Feb 9, 2011
    Treasure Coast
  10. hotrod3539

    hotrod3539 Ultra Member Verified Member ECF Veteran

  11. varitablevoltage

    varitablevoltage Senior Member ECF Veteran

    Nov 27, 2012
    Canada
    Hee, hee. Got my order in before name change! Gonna keep those labeled bottles as collectibles.
     
  12. abadiemet

    abadiemet Full Member

    Nov 22, 2012
    Metairie, LA.
  13. Boothvilleboi

    Boothvilleboi Senior Member ECF Veteran

    Apr 5, 2011
    Boothville Louisiana
    Clever! Yeah i have a gollum and gandalf bottle. I saw the thread and was kinda worried at first about not being able to order. I dont care what they call their juices they are the best. If its HHV inside it can say rat poison on the outside....how about the precious for gollum? Can they claim that as copyright?
     
  14. Robino1

    Robino1 Resting in Peace ECF Veteran

    They are trying to stay away from anything that is associated with Lord of the Rings. Heather's just doesn't want the attention and the power that be over at WB will be watching. Sucks though. I like the name precious for Gollum ;)
     
  15. gthompson

    gthompson Free at last Verified Member ECF Veteran

    Jul 28, 2011
    Tennessee, USA
    Sludge = Gollum

    Shadow = Shadowfax

    Legend = Gandalf
     
  16. PansSiren

    PansSiren Senior Member ECF Veteran

    Nov 19, 2012
    Denver
    The names were one thing, but having photos from the movie takes it to a whole new level. Gandalf and Golem may have been alright names to use, but "Gollum" may be protected under copyright, and none can be used with photos of the characters next to them. If you want to do your part in helping HHV, I'd remove any banner signatures with LOTR photos in them... just saying :D

    I saw in another thread where someone mentioned that The Hobbit references are fair use... copyrights last the life of the author plus 70 years (US and UK... and I'd expect that number to get larger once Disney's copyrights near their fair use date), so it's not even close to fair use (Tolkien died 1973). However, anything proprietary to the movie is still very fresh and a definite violation of the law - which would definitely include photos or stills.
     
  17. gthompson

    gthompson Free at last Verified Member ECF Veteran

    Jul 28, 2011
    Tennessee, USA
    While I might change my banner, it will be because it no longer fits the theme, and not because of WB. I'm not affiliated in any way with HHV, and WB can pound sand. :)
     
  18. EddardinWinter

    EddardinWinter The Philosopher Who Rides Verified Member ECF Veteran

    Jun 13, 2012
    Richmond, Va
    You can use them for your personal use and the worst they can do is threaten you. If you are not claiming ownership of the pictures, etc. then you cannot be held liable. HHV got onto WB's radar for selling a product with that name associated with it. WB can argue that the benefit of that name to the product is being added and therefore an infringement of their right to the intellectual property. They cannot argue that your avatar is a statement of ownership of the image, name, etc. If you are not receiving compensation for it, there is no damage, therefore no claim. Sure they can write you about it. and demand you stop doing it. They will be paying a lawyer a lot of money to get you to change an avatar. I doubt it will ever come up. If it did, a note in your profile stating you claim no ownership of the Avatar is sufficient to protect yourself legally.

    HHV is not in any way responsible for your personal choice of avatars. So they cannot be held responsible now that they have changed the name and complied with the cease and desist letter.
     
  19. MasterBlaster

    MasterBlaster Super Member Verified Member ECF Veteran

    Nov 9, 2012
    Detroit
    Congrats to Sunshinefl8788 for winning the name challenge! Your so LUCKY!
     
  20. PansSiren

    PansSiren Senior Member ECF Veteran

    Nov 19, 2012
    Denver
    But the thing is... it says "Heather's Heavenly Vapes" on it...

    The photos are attached to comments made by the user (a forum post), something the author may not want to have associated with their work - and they have every right to defend it's use. Damages don't have to be monetary.

    A note saying you claim no ownership does NOT excuse you from the law, and would have ZERO effect in court.

    If it's on the internet, it's not personal use.

    If it says HHV on it, fingers will be pointed at them. Even if a fan created it and supplied the links, it'd be up to HHV to defend themselves.

    The things you said are mostly true, it's just that none of it applies to this situation... not even a little bit. The lines of distinction can be thin, but they matter greatly.
     
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