Today, I had my name Generic'd and my 3x Costumes erased, what do you think?


Ad Astra

 

Posted

Today, my character 'Izual' was generic'd and had his three costumes revoked, as apparently the name Izual is owned by Blizzard.

It was also insisted that the characters looked too similar hence the costume wipes and now, I ask for your opinion.

My Izual:
Front:

Back:


Blizzard's Izual:
Front:

Back:


I apologize for the Izual pics being so small, unfortunately, that's the best I could find.

Do you see any similarities? Also, my Izual wears a kite shield with an Arachnos Symbol on it that is not shown in these pictures- your input would be appreciated!

Edit: Another artistic Izual image.


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Posted

Quote:
Originally Posted by Zenlon View Post
Today, my character 'Izual' was generic'd and had his three costumes revoked, as apparently the name Izual is owned by Blizzard.

It was also insisted that the characters looked too similar hence the costume wipes and now, I ask for your opinion.

My Izual:
Front:

Back:


Blizzard's Izual:
Front:

Back:


I apologize for the Izual pics being so small, unfortunately, that's the best I could find.

Do you see any similarities? Also, my Izual wears a kite shield with an Arachnos Symbol on it that is not shown in these pictures- your input would be appreciated!
You got screwed bro. Id fight this one.


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Posted

I can understand the name... it is a unique name created for another game, and copyrighted by the game creators.

The costume, not so much. Your costume doesn't look even remotely like Diablo's Izual.


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Posted

I can understand the name being revoked, but from what you have posted and from my time playing Diablo, I would have never said hey you look like Izual from D2. I hope you get your costumes back. That is a sweet costume you created there.


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Posted

Much appreciate your opinions, I plan to hopefully refer this thread to a moderator or something in hopes of them saying the same thing, I'm truly baffled at the city of heroes Game Master's not recognizing the difference between a slightly modified Crab Spider and a big blue lizard with gold parts and a tail- I'm disappointed.


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Posted

Meh, it's just easier and safer for them to whack you with the generic stick than to figure out if your costume really was infringing. They likely never even looked at the costume - someone /protest'ed your 'infringing' character name, and a GM said, "Yep, that's on the list. *whack*" and went on their merry way.

This would be one reason I use the costume save feature and 'backup' the ones I hold dear. Assuming there's nothing infringing about the costume, you could rename the character and just upload the costume from Icon.


 

Posted

Quote:
Originally Posted by Zenlon View Post
Much appreciate your opinions, I plan to hopefully refer this thread to a moderator or something in hopes of them saying the same thing, I'm truly baffled at the city of heroes Game Master's not recognizing the difference between a slightly modified Crab Spider and a big blue lizard with gold parts and a tail- I'm disappointed.
Bear in mind that the GMs are not omniscient. The decision to generic a character is largely a matter of personal judgment so if the GM in your case hadn't played Diablo 2 he probably wouldn't be familiar with Izual's appearance and once he'd determined the name was copyright wouldn't be to concerned about the costume.


 

Posted

Quote:
Originally Posted by Zenlon View Post
Much appreciate your opinions, I plan to hopefully refer this thread to a moderator or something in hopes of them saying the same thing, I'm truly baffled at the city of heroes Game Master's not recognizing the difference between a slightly modified Crab Spider and a big blue lizard with gold parts and a tail- I'm disappointed.
1 - The Community Reps don't go into here too often.

2 - When you got whacked, they should of sent you an email. Reply to that. I'd never heard of Izual, but sounds like you might not have a chance at getting it back (owwies...) but the costume whacking was overboard. Definitely fight that/bring attention to the fact it was not fair/just/appropriate. That should get it escalated to a higher level GM. Just make sure to reply within the marked area.


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Posted

I think you could get a costume token or three out of a polite inquiry to the email they sent out.

Still, typing "izual" into google would have brought up the diablo npc in the top search hits. The ten seconds to do that when I'm considering character names is worth it, to me.


 

Posted

What did his other two costumes look like?

Was one of them too close to the IP violation Name from Diablo?

I think it might be possible that if one of the three was too close, all three got hit at the same time.


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Posted

The costume - meh not similar at all & hope you get tokens to change back or have saved them yourself. But Izual is an unique name you should of been expecting the generic bat for.


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Posted

I echo what those have said before me.The name, yes. The costume, not at all.

I'd also like to add how nice it is to see someone get genericed, come on here, and politely ask for opinions. Most of the time someone comes on here and complains, or sometimes even insults whoever it was that genericed them, demanding that they have their name restored. Normally saying something about how they have the right to copy because you can easily replicate Wolverine with the costume creator or something. Cheers for your maturity.


 

Posted

Every name of every game character was "borrowed" at some point. It's not as though they invented the name. Pretty petty, if you ask me.


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Posted

hey look here's another Izual, quick someone rat him out to the Twitter Police so they can generic him!


it's all so ridiculous.


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Posted

Quote:
Originally Posted by Comeuppance View Post
Every name of every game character was "borrowed" at some point. It's not as though they invented the name. Pretty petty, if you ask me.
Taking the name from one game and using it in another game owned by another entity could lead to some legal quagmires. It's a simple matter of CYA, not pettiness.


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Posted

Quote:
Originally Posted by Impish Kat View Post
Taking the name from one game and using it in another game owned by another entity could lead to some legal quagmires. It's a simple matter of CYA, not pettiness.
And it's not as though the devs of this game have never been sued over this kind of thing before. Our current legal climate doesn't give them much choice, sadly.


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Posted

lol, the mods are out to get you anni... that and some random kid is going around reporting all your toons


 

Posted

Quote:
Originally Posted by Feugan View Post
lol, the mods are out to get you anni... that and some random kid is going around reporting all your toons
??


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Posted

Quote:
Originally Posted by peterpeter View Post
And it's not as though the devs of this game have never been sued over this kind of thing before. Our current legal climate doesn't give them much choice, sadly.
That's copyright in our lovely legal system, sadly. A friend of mine is an author, and we were all discussing 'fan fiction' on his fan site. He basically said "Personally fan fic doesn't bother me - it's kinda flattering and all, but I *cannot* see it or I have to act to have it shut down. So make sure it isn't where I'll see it."


 

Posted

Quote:
Originally Posted by Schismatrix View Post
??
lol he recently got his main toon, his global name of 4 years generic'd


 

Posted

Quote:
Originally Posted by Tyrrano View Post
That's copyright in our lovely legal system, sadly. A friend of mine is an author, and we were all discussing 'fan fiction' on his fan site. He basically said "Personally fan fic doesn't bother me - it's kinda flattering and all, but I *cannot* see it or I have to act to have it shut down. So make sure it isn't where I'll see it."
Odd. "Defend it or lose it" is part of trademark law, not copyright law. Does he have some sort of contractual obligation with his publisher to do this?


 

Posted

I think when a name infringement wasn't obviously deliberate, they should give you a free rename token after generic-ing you. It sucks to totally lose a character just because some fantasy company has a character you've never even heard of.


 

Posted

Quote:
Originally Posted by Katie V View Post
Odd. "Defend it or lose it" is part of trademark law, not copyright law. Does he have some sort of contractual obligation with his publisher to do this?
Some authors worry about being accused of stealing ideas from fanfic, and so have a strict policy of keeping fanfic out of places where they have an official presence. Authors have been sued by fans in the past, so it isn't a baseless concern.


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Posted

Quote:
Originally Posted by Berzerker_NA View Post
I think when a name infringement wasn't obviously deliberate, they should give you a free rename token after generic-ing you. It sucks to totally lose a character just because some fantasy company has a character you've never even heard of.
As I understand it, in the email they send to accompany a generic'ing action, you're asked to provide them a short list of names, one of which they should approve and change your character's name to. I've never been through it myself, so it might be a little different or have been changed. They're not trying to get you, or even make you angry, just to get the unacceptable name out of circulation, and keep you as a customer. Check your email.