Naming a cache same as TV show

[+Cissy PSP]

There is a TV show we watch every season that we love. I have a cache I want to place, but I want to name it "Survivor: Hidden Immunity Idol". Is that allowed? I cannot find it exactly in the guidelines. I know you can't specify a business either in the name or description. Does it also apply for a TV reality show?

 

Thanks!

[+Cissy PSP]

There is a TV show we watch every season that we love. I have a cache I want to place, but I want to name it "Survivor: Hidden Immunity Idol". Is that allowed? I cannot find it exactly in the guidelines. I know you can't specify a business either in the name or description. Does it also apply for a TV reality show?

 

Thanks!

 

Or if not, what about "Lone Survivor Hidden Idol"?

Edited May 21, 2015 by Cissy PSP

[+GeoBain]

There is a TV show we watch every season that we love. I have a cache I want to place, but I want to name it "Survivor: Hidden Immunity Idol". Is that allowed? I cannot find it exactly in the guidelines. I know you can't specify a business either in the name or description. Does it also apply for a TV reality show?

 

Thanks!

 

I am not a reviewer, but it is probably allowable under the pop culture exception. Send an email to your local reviewer to be sure.

[+Cissy PSP]

There is a TV show we watch every season that we love. I have a cache I want to place, but I want to name it "Survivor: Hidden Immunity Idol". Is that allowed? I cannot find it exactly in the guidelines. I know you can't specify a business either in the name or description. Does it also apply for a TV reality show?

 

Thanks!

 

I am not a reviewer, but it is probably allowable under the pop culture exception. Send an email to your local reviewer to be sure.

 

Thank you, GeoBain. Why didn't I think of that?

[+Mudfrog]

There is a TV show we watch every season that we love. I have a cache I want to place, but I want to name it "Survivor: Hidden Immunity Idol". Is that allowed? I cannot find it exactly in the guidelines. I know you can't specify a business either in the name or description. Does it also apply for a TV reality show?

 

Thanks!

 

Not that it means a whole lot but there are plenty of caches out there with tv show titles out there now. I don't think you will have any trouble with this but it's always a good idea to take a look at the Geocaching Guidelines just the same.

[+on4bam]

There is a TV show we watch every season that we love. I have a cache I want to place, but I want to name it "Survivor: Hidden Immunity Idol". Is that allowed?

 

Plenty of that around, series, movies, music, games....

[+Cissy PSP]

There is a TV show we watch every season that we love. I have a cache I want to place, but I want to name it "Survivor: Hidden Immunity Idol". Is that allowed? I cannot find it exactly in the guidelines. I know you can't specify a business either in the name or description. Does it also apply for a TV reality show?

 

Thanks!

 

Not that it means a whole lot but there are plenty of caches out there with tv show titles out there now. I don't think you will have any trouble with this but it's always a good idea to take a look at the Geocaching Guidelines just the same.

 

Thanks, Mudfrog. I just emailed a reviewer.

[+Cissy PSP]

There is a TV show we watch every season that we love. I have a cache I want to place, but I want to name it "Survivor: Hidden Immunity Idol". Is that allowed?

 

Plenty of that around, series, movies, music, games....

 

Thanks on4. Looking better and better! I emailed reviewer just to make certain

[+ottieolsen]

I put out this one with no problem - The Big Bang Theory (GC50B7B)

[+Cissy PSP]

I put out this one with no problem - The Big Bang Theory (GC50B7B)

 

Ah great! Thanks, ottieolsen!

[+niraD]

I put out this one with no problem - The Big Bang Theory (GC50B7B)

Oh great, another cache on my "distant unfound solved puzzles" bookmark list...

[+Ben0w]

Your local lawyer may tell otherwise (as they always do...), but:

• Usually, names of tv shows may be trademarked, but just for specific setting, i.e. "TV Show" or "Book Title". So the use in geocaching usually should be free. However, be careful when the trademark stretches to "Games"...

• Don't use copyrighted material from the tv show in your cache listing. This may include logos, texts and pictures, even screenshots from a tv.

• If you present the show or the channel/company or some person associated with it in a bad light, this could make you target of unwelcomed lawyer attention.

• The use of commercial website links and company names may fall under the "No agenda" and/or "No business advertising" guidelines of Groundspeak (haven't a reference at hand, but those are somewhere in there). This has to be avoided or discussed with a reviewer or Groundspeak.

 

If it's just a cache with a positive reference to the tv show, I see no problems in naming it after this show.

 

Please make sure the cache is worth it, i.e. don't put cache name or theme over an interesting location and a durable container as large as possible. Thank you!

[+Cissy PSP]

Your local lawyer may tell otherwise (as they always do...), but:

• Usually, names of tv shows may be trademarked, but just for specific setting, i.e. "TV Show" or "Book Title". So the use in geocaching usually should be free. However, be careful when the trademark stretches to "Games"...

• Don't use copyrighted material from the tv show in your cache listing. This may include logos, texts and pictures, even screenshots from a tv.

• If you present the show or the channel/company or some person associated with it in a bad light, this could make you target of unwelcomed lawyer attention.

• The use of commercial website links and company names may fall under the "No agenda" and/or "No business advertising" guidelines of Groundspeak (haven't a reference at hand, but those are somewhere in there). This has to be avoided or discussed with a reviewer or Groundspeak.

 

If it's just a cache with a positive reference to the tv show, I see no problems in naming it after this show.

 

Please make sure the cache is worth it, i.e. don't put cache name or theme over an interesting location and a durable container as large as possible. Thank you!

 

Thank you BenOw. That's perfect! :-D

[+derektiffany]

• The use of commercial website links and company names may fall under the "No agenda" and/or "No business advertising" guidelines of Groundspeak (haven't a reference at hand, but those are somewhere in there). This has to be avoided or discussed with a reviewer or Groundspeak.

Avoid things like "This show is awesome! I watch it every week. You should to." etc. Ie, don't cross the line between "pop culture reference" and "promotion".

[+Cissy PSP]

• The use of commercial website links and company names may fall under the "No agenda" and/or "No business advertising" guidelines of Groundspeak (haven't a reference at hand, but those are somewhere in there). This has to be avoided or discussed with a reviewer or Groundspeak.

Avoid things like "This show is awesome! I watch it every week. You should to." etc. Ie, don't cross the line between "pop culture reference" and "promotion".

 

Thanks for advice, Derek! Appreciated!

[+geodarts]

Your local lawyer may tell otherwise (as they always do...), but:

• Usually, names of tv shows may be trademarked, but just for specific setting, i.e. "TV Show" or "Book Title". So the use in geocaching usually should be free. However, be careful when the trademark stretches to "Games"...

 

A local cache series once changed its name from that of a popular board game to "Copyrighted Board Game Series." I always meant to ask the cache owner if the popular board game objected to the name.

 

Survivor itself was sued by a band over trademark issues, but courts ruled that given the differing contexts, nobody w9ould be confused between the band and the television show.

 

Survivor [tm] is centered on the television series, but various Survivor [tm] games have been released over the years. I wouldn't even begin to try to sort out the IP questions that it could raise, but if the reviewer approves it, then everything should be good for a while. At least until Survivor Proeductions LLC gets involved. I would be surprised if they did, but then again I would not have thought there would be a problem with the copyrighted board game.

Edited May 21, 2015 by geodarts

[+Cissy PSP]

Thanks geodarts. I do have an email in to a reviewer. Waiting for answer

[+KatnissRue]

I published an entire cache series based around a show, it should be find.

 

The top six are part of the series: http://www.geocaching.com/seek/nearest.aspx?u=KaRue

[+niraD]

Your local lawyer may tell otherwise (as they always do...), but:

• Usually, names of tv shows may be trademarked, but just for specific setting, i.e. "TV Show" or "Book Title". So the use in geocaching usually should be free. However, be careful when the trademark stretches to "Games"...

Yeah, once upon a time, there was a card game called "Before I Kill You, Mister Bond". After a cease and desist order was received, the game was renamed "James Ernest's Totally Renamed Spy Game".

 

Some of us still refer to it by the original name on occasion. (But don't tell MGM.)

[+Cissy PSP]

Thanks!!

[knowschad]

Your local lawyer may tell otherwise (as they always do...), but:

• Usually, names of tv shows may be trademarked, but just for specific setting, i.e. "TV Show" or "Book Title". So the use in geocaching usually should be free. However, be careful when the trademark stretches to "Games"...

• Don't use copyrighted material from the tv show in your cache listing. This may include logos, texts and pictures, even screenshots from a tv.

• If you present the show or the channel/company or some person associated with it in a bad light, this could make you target of unwelcomed lawyer attention.

• The use of commercial website links and company names may fall under the "No agenda" and/or "No business advertising" guidelines of Groundspeak (haven't a reference at hand, but those are somewhere in there). This has to be avoided or discussed with a reviewer or Groundspeak.

 

If it's just a cache with a positive reference to the tv show, I see no problems in naming it after this show.

 

Please make sure the cache is worth it, i.e. don't put cache name or theme over an interesting location and a durable container as large as possible. Thank you!

 

I would expect that any use of copyright or trademarked material in a geocache page would be safely nestled in the nest of the "fair use" clause, although I am certainly not a lawyer. At the very worst, IF it was noticed, the cache owner would receive a "cease and desist" email from an attorney, at which time they would archive the cache or modify the cache page and all would be well.

 

(That said, I don't really care for caches like this. I don't care about your favorite TV series. Hide a cool cache, don't just hide a generic cache and try to make it special by naming it something that you think is cool.)

Edited May 22, 2015 by knowschad

[+Cissy PSP]

Your local lawyer may tell otherwise (as they always do...), but:

• Usually, names of tv shows may be trademarked, but just for specific setting, i.e. "TV Show" or "Book Title". So the use in geocaching usually should be free. However, be careful when the trademark stretches to "Games"...

• Don't use copyrighted material from the tv show in your cache listing. This may include logos, texts and pictures, even screenshots from a tv.

• If you present the show or the channel/company or some person associated with it in a bad light, this could make you target of unwelcomed lawyer attention.

• The use of commercial website links and company names may fall under the "No agenda" and/or "No business advertising" guidelines of Groundspeak (haven't a reference at hand, but those are somewhere in there). This has to be avoided or discussed with a reviewer or Groundspeak.

 

If it's just a cache with a positive reference to the tv show, I see no problems in naming it after this show.

 

Please make sure the cache is worth it, i.e. don't put cache name or theme over an interesting location and a durable container as large as possible. Thank you!

 

I would expect that any use of copyright or trademarked material in a geocache page would be safely nestled in the nest of the "fair use" clause, although I am certainly not a lawyer. At the very worst, IF it was noticed, the cache owner would receive a "cease and desist" email from an attorney, at which time they would archive the cache or modify the cache page and all would be well.

 

(That said, I don't really care for caches like this. I don't care about your favorite TV series. Hide a cool cache, don't just hide a generic cache and try to make it special by naming it something that you think is cool.)

 

It is not generic but thanks )

[+hukilaulau]

Very interesting. I just put out a series of caches with 60's song titles as the name for each cache (and I mentioned the performer on the cache page). It never occurred to me that I might be crossing some kind of copyright or geocaching guideline. So. far no complaints.

As an aside, I was told by our own "TheRat" that you cannot copyright a book title. He said if I wanted to write a book about how my wife left me because I would not stop eating beans before bedtime and call it "Gone With The Wind" I could do so legally.

[+Cissy PSP]

Very interesting. I just put out a series of caches with 60's song titles as the name for each cache (and I mentioned the performer on the cache page). It never occurred to me that I might be crossing some kind of copyright or geocaching guideline. So. far no complaints.

As an aside, I was told by our own "TheRat" that you cannot copyright a book title. He said if I wanted to write a book about how my wife left me because I would not stop eating beans before bedtime and call it "Gone With The Wind" I could do so legally.

 

Ha ha ha ha!

[+Ben0w]

So. far no complaints.

Which is no proof for being legal. Good luck!

 

As an aside, I was told by our own "TheRat" that you cannot copyright a book title. He said if I wanted to write a book about how my wife left me because I would not stop eating beans before bedtime and call it "Gone With The Wind" I could do so legally.

That isn't true in general. "Book title protection" exists over here! "Fair use" doesn't exist in some jurisdictions, i.e. over here. And so on. Trademark and copyright laws are a minefield, totally dependent where you are and whom you make business with (or even make no business with). Could get messy and cost a lot of money (even for a simple cease and denial order you pay the attorney fees over here, which are beginning at ~1000 EURo level). Hence my reference to a "local lawyer".

 

As a rule of thumb: textual references in a neutral or positive way probably will be OK, but simply don't embed logos and pictures, unless you have clear written permission. Don't think you fly under the radar. The longer you do, the more it will cost...

 

If in doubt, ask a lawyer.

 

I gave up the idea to have a funny scientific multi cache based on an old comic book series. You'd have to solve several crazy experiments at each stage, involving physics, mechanics, hydraulics and so on to obtain the coordinates of the next stage. However, it wasn't half the fun without the comic book context and without corresponding paintings and the logo. No way to get that permission, though.

 

A friend of mine has to learn it the hard way having named his rock band "Red Bull (Energy Rock!)" and using the logo of the well known energy drink; he even had oral permission by the regional representant thinking it would be a cool promotional idea, but international RB headquarters wasn't amused (they were fair and settled it without fees). And the band is even locally mostly unknown, you'll need coordinates to find their gigs.

[+Cissy PSP]

So. far no complaints.

Which is no proof for being legal. Good luck!

 

As an aside, I was told by our own "TheRat" that you cannot copyright a book title. He said if I wanted to write a book about how my wife left me because I would not stop eating beans before bedtime and call it "Gone With The Wind" I could do so legally.

That isn't true in general. "Book title protection" exists over here! "Fair use" doesn't exist in some jurisdictions, i.e. over here. And so on. Trademark and copyright laws are a minefield, totally dependent where you are and whom you make business with (or even make no business with). Could get messy and cost a lot of money (even for a simple cease and denial order you pay the attorney fees over here, which are beginning at ~1000 EURo level). Hence my reference to a "local lawyer".

 

As a rule of thumb: textual references in a neutral or positive way probably will be OK, but simply don't embed logos and pictures, unless you have clear written permission. Don't think you fly under the radar. The longer you do, the more it will cost...

 

If in doubt, ask a lawyer.

 

I gave up the idea to have a funny scientific multi cache based on an old comic book series. You'd have to solve several crazy experiments at each stage, involving physics, mechanics, hydraulics and so on to obtain the coordinates of the next stage. However, it wasn't half the fun without the comic book context and without corresponding paintings and the logo. No way to get that permission, though.

 

A friend of mine has to learn it the hard way having named his rock band "Red Bull (Energy Rock!)" and using the logo of the well known energy drink; he even had oral permission by the regional representant thinking it would be a cool promotional idea, but international RB headquarters wasn't amused (they were fair and settled it without fees). And the band is even locally mostly unknown, you'll need coordinates to find their gigs.

 

Ok, I am now thoroughly confused. I still haven't heard back from one of the reviewers in my area. I will probably write to another one. BTW: I did a search for caches beginning with just "Survivor" got a ton a ton of hit....mostly with wording in the name after word Survivor. Thanks!