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magic___lover New user 58 Posts 
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On Aug 14, 2017, JustJoshinMagic wrote: We'll know and also litigious when it comes to using their trademark. Ask the Starbucks chop cup dude. |
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jprace Inner circle 2209 Posts
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@magic___lover - If you have legitimate concerns about using this product in your work, I advise you to use a different product. (We all know there is not a short supply...) I have consulted my lawyers on the issue and proceeded. If you'd like to discuss further, please feel free to e-mail me. I went through a similar process when developing the Search Engine Pen.
All the best, Jeff |
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JustJoshinMagic Special user Montreal, QC 966 Posts
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Thanks for the kind words Ari!
Magic___lover - I would just like to jump in and say that we actually never used any Starbucks branding on the product. The Logo was modified multiple different ways, the colors are different than the actual shades Starbucks uses, and it never says Starbucks on the card. When designing the card, I made all of the changes so that legally it was different than an actual card from Starbucks. So you should have zero concern using this effect
Check out my magic here:
http://JustJoshinMagic.com and my official Instagram! http://instagram.com/JustJoshinMagic |
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Yuan Moons Veteran user 348 Posts
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Starbucks operated for 10 years in the UK without paying a penny in tax. Who cares, apart from magiclover, if someone uses their brand in a magic trick.
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tonsofquestions Inner circle 1807 Posts
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On Aug 23, 2017, JustJoshinMagic wrote: That makes it even worse in my mind. If anyone notices that it's off, it screams prop. Better to use something generic that feels normal but you don't recognize than something you do recognize as not-quite-right. That said, I do like the look of the routine. |
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PRINCE Inner circle 1448 Posts
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Even me being a sceptical about using a branded design and ideally would have liked a generic unbranded design, I 100% guarantee that no one would ever pick up on this being not a real starbucks card or noticing anything even slightly different to the original starbucks design compared to this. For so many reasons but the main being the card is not even in play that long enough for anyone to study it to think hmmm that apparent starbucks design does not look like the original - actually I got it, the green is 0.1 shade darker than the branded starbucks - yep this is a fake card stop the trick.
Come on guys. |
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videoman Inner circle 6750 Posts
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Totally agree with Prince.
Being a fake card is a non-issue. |
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magic___lover New user 58 Posts
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Quote:
On Aug 23, 2017, jprace wrote: I didn't mention any concerns about using this in my work. I mean, I wouldn't because I don't particular care for the plot, but that's by the by. Quote:
On Aug 23, 2017, jprace wrote: No doubt. But I imagine Starbucks have bigger and better lawyers than you. And when there is public record (this thread) of you saying things like "We went with Starbucks because of how universal it is. " etc then I am pretty sure you could be done for Passing Off if not full on Copyright Infringement. You may have slightly altered some aspects of their trademark, but the intention, as you say here, is to make it appear to be a starbucks card. I don't care if they stop you making it, like they did with the starbucks chop cup, or not. More saying if anyone wants it, get it quick because if Starbucks get wind of this I imagine they will shut you down fast.
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magic___lover New user 58 Posts
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On Aug 23, 2017, JustJoshinMagic wrote: Your intent is to make it LOOK like a Starbucks card. And there's public record of that intent. I don't think using a very slightly different shade of green and missing out a word would be a defence any judge would entertain. But good luck with it. |
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SleepyMagic Inner circle Hopefully I'll pass my exams with 1646 Posts
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I don't think Starbucks would care of a small company in a niche market is selling fake Starbucks cards...
They have better things to do Sleepy |
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JustJoshinMagic Special user Montreal, QC 966 Posts
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On Aug 24, 2017, magic___lover wrote: As the logo has been modified as well, this falls under parody law. Additionally this isn't a real giftcard. We looked into the legal reprocussions before releasing this. I appreciate your concern but I assure you that everything is on the up and up.
Check out my magic here:
http://JustJoshinMagic.com and my official Instagram! http://instagram.com/JustJoshinMagic |
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PRINCE Inner circle 1448 Posts
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Ummm not to sure why my comment about prop dogs Starbucks chop cup getting pulled was removed?
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jprace Inner circle 2209 Posts
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@magic___lover - Do you have a legal background? I am not asking this jokingly; if you do, I would love to put you in touch with the lawyer I hired. She is much more knowledgeable than me on this subject. On my end, I consulted an expert and concluded I am acting legally. And I have full intentions to continue making awesome, legal magic -- even if there is a threat that bigger companies will squish me like a bug with their network of resources.
With that out of the way, Josh and I are happy to discuss the plot, method, and everything in-between. All the best, Jeff |
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PRINCE Inner circle 1448 Posts
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I'm sure the guys would have done the nessesary research from a legal aspect 1st before going a head with the design, manufacturing etc and more importantly before putting money into it. This does look good and nice eye candy.
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Stucky Inner circle I'm Batman! 1355 Posts
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On Aug 23, 2017, JustJoshinMagic wrote: Just to correct you, I am 95% sure this does not fall under parody law. MAYBE fair use. This would be a correct use of parody law.
Official Thread Killer
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Kozmo V.I.P. 5473 Posts
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AND this will be available THIS WEEK on the Reel Magic Marketplace site for Reel Magic Subscribers only for $12 shipped inside the US.... Were not going to carry this right now outside the US
www.reelmagicmagazine.com |
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magic___lover New user 58 Posts
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On Aug 24, 2017, SleepyMagic wrote: Well, you'd think that. But the certainly cared enough about the Starbucks chop cup to get that taken off the market. |
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magic___lover New user 58 Posts
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On Aug 24, 2017, JustJoshinMagic wrote: It doesn't. If your lawyer told you that, seriously, get another lawyer. Fast. |
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jprace Inner circle 2209 Posts
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New performance video from Dalton Wayne:
https://www.instagram.com/p/BYYsTCLBgG0 If you have any questions about the product, please feel free to ask! All the best, Jeff |
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Kozmo V.I.P. 5473 Posts
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These will be on the reel magic marketplace site for subscribers at $12 including shipping....just saying it pays to subscribe
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| The Magic Cafe Forum Index » » Latest and Greatest? » » Withdrawal by Josh Janousky and Jeff Prace (47 Likes) | ||||||||||
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Posted: Aug 23, 2017 04:20 pm 
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