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

Thanks for the update. This isn't really surprising.

 

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

 

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

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lol jerms

 

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!!!

 

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

Bumpity, bump.

 

Bumpity bump.

 

bump bump bump

 

Hee, hee. Got my order in before name change! Gonna keep those labeled bottles as collectibles.

 

Wrong thread.

 

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?

 

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

 

Sludge = Gollum

Shadow = Shadowfax

Legend = Gandalf

 

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

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.

 

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.

 

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.

 

Congrats to Sunshinefl8788 for winning the name challenge! Your so LUCKY!

 

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.