Comment by throwawayikea | Hacker News Reader

Comment by throwawayikea | Hacker News Reader

Although I'd usually hate to side with a corporation like IKEA, it seems that in this case the Indie Dev got into this issue themselves: their game is clearly based on SCP-3008[1][2], which is quite literally based on an IKEA store:

* "SCP-3008 is a large retail unit previously owned by and branded as IKEA, a popular furniture retail chain."

* "SCP-3008-1 is a space resembling the inside of an IKEA furniture store, extending far beyond the limits of what could physically be contained within the dimensions of the retail unit."

* "SCP-3008-2 are humanoid entities that exist within SCP-3008-1. [...] They possess no facial features and in all observed cases wear a yellow shirt and blue trousers consistent with the IKEA employee uniform."

And although the SCP Lore and all it's content is licensed under the "Creative Commons Sharealike 3.0", the copyrighted/trademarked material within it is not, such as the IKEA brand.

[1] https://scp-wiki.wikidot.com/scp-3008 [2] https://www.kickstarter.com/projects/ziggygamedev/the-store-...

Whether or not the game is actually inspired by IKEA (clearly it is) has no legal bearing on the matter. What matters is confusion. The factors include:

"(1) similarity of the marks; (2) strength of plaintiff's mark; (3) sophistication of consumers when making a purchase; (4) intent of defendant in adopting the mark; (5) evidence of actual confusion (or lack thereof); (6) similarity of marketing and advertising channels; (7) extent to which the targets of the parties’ sales efforts are the same; (8) product similarity; identity/function/use; and (9) other factors suggesting that consumers might expect the prior owner to manufacture both products, or expect the prior owner to manufacture a product in defendants market, or expect the prior owner is likely to expand into defendant’s market."

While true that IKEA has a strong brand and the in-game store uses very similar branding, they lose on every other factor. It is very unlikely that anyone will reasonably wonder if the game is an IKEA product, or officially sponsored by IKEA. Unfortunately it sounds like the developer doesn't have the resources to defend it, so they'll likely be bullied into changing it unless they get some pro bono legal counsel.

I agree that it's clearly intended to model an IKEA store. I don't agree that the developer should desist for this reason, as it's also clear that it isn't a product, or endorsed by IKEA - and I think a reasonable person would agree.

This game, IMO, should be protected by some right to parody, because it's clearly the experience of IKEA shopping that the SCP - and subsequently the game - is trying to satirize.

Just another case of corporate bullying.

Indeed, that does seem to be the case. The opening shot of the game play footage they have on their website[0] does the developer no favors (nor does the rest of the video).

[0] https://www.youtube.com/watch?v=sK5wPE-aQwc

If someone made a game where they hold up in a burger joint that had some creepy clown standing in the corner and a red bucket of fries on the menu, would McDonalds have a moral or legal right to stop that piece of art from being released?

Ikea thinks their shit doesn't stink. If he didn't use Ikea art assets in the game and didn't call the store Ikea, then Ikea should really get over themselves.

If it caused kids all over America to be afraid to go to a McDonalds but not burger king I would think McDonald's would have a case.

In that scenario they might have a case based on libel — and even then I would disagree with it — but not copyright.

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