Kickstarter Partner?


You have to be careful with IP laws though; these things don't make sense :) Like .. hooking up a device to the Apple connector on a phone can get you into hotwater, because they've got the rights to the shape of it. Rediculous, but it is what it is.

Anyway, luck be with you ;) I had a couple companies under my belt by 17, always good on the rap sheet :)

jeff
 
If Microsoft wants to sue me, they can go ahead. They won't win because I'm not doing anything that breaks their intellectual property. Im not developing a jailbreak or anything. And as far as production, I don't really know my target number yet. I think I will wait till I am funded before I make an order. For right now I'm working on research and design. I found the dimensions of the Xbone, so from there I've attempted to recreate that of the Kinect 2.0. I also know a guy who's father worked on the Xbone so hopefully I can get a blueprint from him before launch in November. I'd like to have my KS live in October so that I can get the Xbone immediately after and start testing and whatnot to ensure it works. If all looks good and the campaign was funded successfully, I should be able to order the mold and the quantity by Week 2 of November. I also met someone today that works for Walmart headquarters. If my campaign is successful, I think I might pitch the idea for Walmart to carry them in stores (probably in a small region for starters) So that's cool I guess.
I know it's stating the obvious, but you should watch out that your advertising/kickstarter material can't be seen as infringing trademarks either. Microsoft are hardly shy at throwing money at lawyers, and that's likely to include targeting all kinds of people trying to use the xbox one logo or images of the machine. I'd also be kind of surprised if your contact's father didn't have to sign all sorts of non-disclosure agreements concerning the tech specs.
 
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http://www.inta.org/TrademarkBasics/FactSheets/Pages/TrademarkUseFactSheet.aspx


According to this, if I just say "The Microsoft Xbox One" then I'm in the clear

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2. When can I use another person’s or company’s trademark without the owner’s consent?


It is usually permissible to use another company’s trademark when referring to that company’s product in text, where it is being used to truthfully refer to that a product or service affiliated with that trademark. It may not be used in a way that might mislead others as to that company’s affiliation, sponsorship or endorsement of your company, products or services, such as using a logo instead of simply the text form of a trademark, or using the trademark more prominently or frequently than necessary.
 
If Microsoft wants to sue me, they can go ahead. They won't win because I'm not doing anything that breaks their intellectual property.
Doesn't matter if you aren't doing anything wrong if you can't defend yourself. Lawyers are expensive. Companies know this and will file questionably frivolous lawsuits just to get a settlement or injunction against things they don't like. If MS is planning on producing something like what you're doing themselves but you're doing it before them, they can sue you and convince the judge to not let you sell anything until the trial is complete which can take months and sometimes years.That shouldn't be a problem, MS isn't in the habit of going after small fish, but it is something to think about when doing your design. Don't give them any reason to want to come after you, even if you aren't technically doing anything wrong they can still make your life miserable.

If you are doing something that might get Microsofts attention, get a few thousand dollars and keep a lawyer on retainer. If anyone sends you a threat, redirect it to your lawyer: the fact that you have a lawyer should be enough to protect you.
 
Good tip. I might do that once the kickstartwr launches. Right now I'm more focused on making a good product. Ever heard of Wade Davis? He's based here in K-Town. He's a "high level" attourney. Remember that kid that hacked Sarah Palin's email? That trial took place in Knoxville because thw kid hired Wade and Wade doesnt go anywhere else. Literally the whole Palin family had to come here just becauae Wade doesnt like to make big trips to other cities. My dad knows him really well. While I by no means have the money to pay for him, I think I can ask a few favors of him. If MS comes at me, a strongly worded letter from him will not go unnoticed (unlike Joe-Blow attourney at law)
 
Off topic amusement:

There are 'tricks' to it; but wehen it comes down to it, if a legal form shows up.. I ran for the hills and bent over. I wasn't worth enough when they came knocking on my door to keep at it.. but  they will send 'cease and disist' orders frivilously, since theres no obligation to follow through with those. If they send a legal thread, they _must_ follow through or else it becomes 'coercion' and you destroy them :p

I don't recall now, been a few years since I've gotten sued (sigh, couple of times..), but .. for me, when a letter showed up, I opened it, which ackowledged it; theres a tricvk which is.. if you get a letter out of the blue from Big Company, maybe you want to deny it (if registered mail) or don't open it; not having received it is a legal defence; having received and/or looked at it commits you to a sequence of actions :)

Annnnyway, don't sweat any of this stuff; and if they come knocking, run; easy and cheap and doesn't get you wrecked, and gets free publicity for next endeavor :) Just dont' be stupid and make a product that depends on somethign you know is going to get you whipped :)

jeff
 
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