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ClientEngage says

I am slightly concerned about the distinction between Themeforest and the other marketplaces on page 2 of the flowchart.

Surely, this would mean using any sort of trademark in titles on marketplaces other that Themeforest would be a violation – even if it is descriptive of the item’s nature and purpose.

For example, 90% of items in CodeCanyon’s WordPress plugins category come to mind as their nomenclature is “WordPress this” or “WordPress that”. Plus, any item-titles including Facebook, Twitter, Google, [...], et cetera.

Then again, I may have misunderstood. ;-)

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scottwills Staff says

I am slightly concerned about the distinction between Themeforest and the other marketplaces on page 2 of the flowchart.

Surely, this would mean using any sort of trademark in titles on marketplaces other that Themeforest would be a violation – even if it is descriptive of the item’s nature and purpose.

For example, 90% of items in CodeCanyon’s WordPress plugins category come to mind as their nomenclature is “WordPress this” or “WordPress that”. Plus, any item-titles including Facebook, Twitter, Google, [...], et cetera.

Then again, I may have misunderstood. ;-)

Hi ClientEngage, great catch! I’m not sure it’s as clear as it could be either. Let me raise the issue and see how we can better clarify this. Thanks for taking the time to point it out! :)

While I’m here, any other presently unanswered questions in this thread are currently being verified, we’ll get back to you as soon as possible, thanks for hanging in there if your question does not appear to have been answered yet. We’re not going to go live with any changes until we feel confident authors’ questions are answered and covered in our documentation, and our guidelines are clear.

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josweb says


So we can’t use an iPhone, MacBook etc, in the slider of the homepage (like the 99% of the themes) now?

Good question, lollum! If I’ve understood correctly and you’re referring so something like the following where there’s an identifiable, trademarked smartphone being used in an image slider of a theme…

...then no, this is not permitted. So while we’re under our soft launch period, they are allowed, but once we launch officially after we’ve heard and taken everyone’s feedback on board, this kind of use will no longer be permitted.

You can use images like a smartphone, laptop and desktop combination only to show that your theme is responsive as that’s an example of illustrating compatibility of your item.

You can also use this type of product image if it’s relevant to how a buyer might implement the theme – i.e. it’s relevant to the subject or ‘theme’ (no pun intended) of your theme! However, if the product is not relevant to the nature of your theme, then find another picture that is relevant and use your creative control/discretion in another manner that avoids potential IP/trademark issues.

By all means let me know if I misunderstood the question in any way. :)

So what do we do if we want to use a slider showing devices that displays how the theme looks on them?! So is that that then showing compatibility and thus allowed?

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navygold says

As seen on Notes

We’re soft launching some clarifications in regards to using products and trademarks on the Marketplaces. We believe that these clarifications will help our community meet the IP obligations we have to not only one another, but also to other people’s intellectual property rights.

Please read through the Design Notes post and feel free to ask any questions you may have here.

We’re keen to hear what you think, and where appropriate we’ll refine our approach. You may think of some details when looking through the clarifications, and may want to share with us from your day-to-day creative activities on our Marketplaces. We’ll make sure we stop in to this thread daily to address any questions.

ya its probably a great idea before the templaters starting putting Coca Cola or Terralever in the marketing and then wammmmo IP infringement suite destroys it all :(

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virtuti says

I have a question. “Photos of famous people–not allowed”. That is clear in very general. But in particular–who famous people are? And which historical period restrictions applied to? I would like to get more clarification.

Photograph of Grigori Rasputin circa 1903-allowed or not allowed?

Photographs of Zarah Leander/Marlene Dietrich/Albert Speer circa 1930-not allowed, right? (My item had been soft rejected due to “usage of photographs of celebrities” until I replaced these photographs–hence I understand these people are the celebrities!)

Photograph of Johnny Depp 2012–allowed, right? (I see his photographs on innumerable templates currently selling on TF, hence I conclude he is not celebrity.)

Please clarify.

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amberija says
If i make project for videohive. Can i use social icons in my project? For example one of the authors project: http://videohive.net/item/3d-social-icons-package/5915840?WT.ac=solid_search_item&WT.seg_1=solid_search_item&WT.z_author=CandyMustache
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scottwills Staff says

I have a question. “Photos of famous people–not allowed”. That is clear in very general. But in particular–who famous people are? And which historical period restrictions applied to? I would like to get more clarification.

Photograph of Grigori Rasputin circa 1903-allowed or not allowed?

Photographs of Zarah Leander/Marlene Dietrich/Albert Speer circa 1930-not allowed, right? (My item had been soft rejected due to “usage of photographs of celebrities” until I replaced these photographs–hence I understand these people are the celebrities!)

Photograph of Johnny Depp 2012–allowed, right? (I see his photographs on innumerable templates currently selling on TF, hence I conclude he is not celebrity.)

Please clarify.

Hi Tanya! Please see What about using photos of people and celebrities in items? I think this might help answer your question. :)

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scottwills Staff says

Another instance, I can go to Graphic River and purchase recreations – to the pixel – of everything Apple (iMacs, iPhones, iPads etc) I presume that because of the new legal changes they will all be removed from GraphicRiver in time as they are solely copying a registered product owned quite strictly by Apple – or could I purchase one of these from Graphic River and use that in my landing page (would be the same effect as using a proper image of the iPhone in my example above) – if I can’t use a photo, but I can use a graphical representation sold from your other marketplace that seems to be in direct competition to the new legal rules? Jonathan

Hi Jonathan! Thanks for your patience on this one. I’m still verifying one aspect of your original question so I’ll get back to that ASAP, but for now I just wanted to respond to the part of your question I’ve included above.

When purchasing items from our Marketplaces, they are subject to the licence terms which state that you can not buy an item and then use it in another template.

Aside from the licence issues, using real-world products in your item download on GraphicRiver are only allowed in the product mock-up category as per Exception #4 in the article and use in your item previews is under Exception #5 i.e. used to show compatibility or to demonstrate how your item works.

In terms of items being removed, we’re conscious of the fact that there will be items on the Marketplaces that were submitted before the new approach has been implemented. Although at this stage we’re not planning an immediate retrospective review of all items on our Marketplaces, this is something that we will look into in the future. Until then, only items submitted after these changes go live will be subject to the new IP approach. We’d prefer to focus our review team’s time on reviewing new items for authors.

I hope that helps clarify but please let us know if you need anything further.

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scottwills Staff says

What’s the situation with systems like OpenCart that comes with a default demo content on installation? In OpenCart it’s mostly Apple products? Can we use the default OpenCart installation to showcase the theme would work bolt-on with the System or not?

Hi Dimitar!

In this case, because you are demonstrating how your item might work when implemented by the buyer you can use images of real-world products only in your preview. See Exception #5 in our article that explains a few more details about what we’re talking about.

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scottwills Staff says

So what do we do if we want to use a slider showing devices that displays how the theme looks on them?! So is that that then showing compatibility and thus allowed?

Hi Jo!

You’re exactly right, this is permitted in the preview only because it demonstrates compatibility of the item with the real-world product as per Exception #5.

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