Hello all!
I’ve read through a lot of the questions posted here, but I couldn’t find this:

Where does using Fictitious Corporation/Company names (logos) that can be seen in Movies, TV shows, Video Games, etc., fall under the Content Usage Policy? Do the studios not create those names in the first place to not get into legal trouble with any actual place or product that they do not get sponsorship from? Or do the respective studios now own the rights to that fake Co. name and therefore the logo as well?

Thanks!
RAF

They created them, so they own them.

I believe that any fictitious logos made in the context of a show or movie is protected under intellectual property laws. However, having said that, lots of people do them because they are in sort of a gray area, so probably the best way to avoid getting nailed is to either 1) not bother with them or 2) not mention the name of the show or movie you took it from in either your tags or description.

You could still have it pulled though if the design is so integrated into the plot that by selling it you're making an indirect reference to the show or movie, such as the "Vote for Pedro" shirts that everyone came up with after the movie Napoleon Dynamite came out. They were allowed for a little while and then nailed in unison probably due to a complaint from Mr. Dynamite (Gosh!)

I suppose you could run potentially into problems if it's a major part of the plot. Saying that there are a few designs on CP which would fall into that category.

I suppose it depends how strict the company would wish to be about it and whether you were using their artwork or something very similar.

Actually I made a fake designer label called "Drain" a couple of years ago ( http://www.cafepress.com/DrainShop) which was a fairly original idea at the time at least on Cafepress. Obviously the main inspiration for this was my sink lol and a tendency at the time for companies to use anagrams of swear words as designer labels. I thought the drain might be the ultimate nemesis lol

But personally although I consider my particular design copyright. I don't see why I would wish to stop any one else using a similar idea, and there other "drain" designs on CP which are quite fun to see, it's good to see other people who are just as insane as me. lol

I think people and companies that try to enforce copyrights and trademarks to the extent they impinge on other people's freedom of expression and creativity are evil. The minions of the Anti-Christ they prevent us from trading in the market place and are against individuality and creativity. The kind of lunatics that would want to scoop our brains out and replace it with a microhip. "Roll up kids for the big givaway at 9 o'clock...Happy Happy Halloween Silver Shamrock" lol

I think a good example of this would be the new CP Gold Label shop for The Office. They sell items with the fictional company Dunder Mifflin on it. I don't know for sure that were you to create a Dunder Mifflin design that it would be taken down but I know that if you type in "Dunder Mifflin" in the search engine now, it takes you directly to the Gold Label shop. Take from that what you will, lol.

There is no easy answer. It will depend upon the exact circumstances. In trademark context is everything. A trademark identifies the maker of a product. It's original purpose was to protect the public from shoddy goods by assuring the buyer of authenticity. To protect buyers from sellers who try to confuse there arose the "confusingly similar" rule. Most people are aware that a mark can be lost if the way the public perceives it causes it to lose the association with a specific manufacturer. In the same way if a ficticious company is so distinctive, in the eye of the public, that it is identified with a specific product, then quite possibily a protectable mark exists.

Guidelines? If you are using a name because you are intending your customers make a connection to a movie, book, play, product, etc then you are walking toward the risky zone. If you just so happened to pick a name that eventually you accidentally find out was also used by some movie (or whatever) but no one else really seems to notice any connection ... then your risk is lower. Of course we aren't a homogeneous society so what could be obscure to some may be glaringly obvious to others.

Thanks everyone! I guess this subject is a complicated one. I've seen several shirts online with fictitious corporations, companies, locations, products, etc., (which do not exist in the real world) with no explanation as to where it originated from, but as mentioned, a fan of the movie or TV show would get the connection.

Yes - never use what you see in the marketplace as even the smallest guide as to what is allowed. It is just a very bad guide. Lots of people don't know any better. Lots of people think they will get a warning and a chance to take it down (often they do not, just the demand for $$$$). And some even have permission, so you can't even assume that they are in violation.