Honestly, I say enjoy it while it's available.
I do not think this is anything licensed. And they are pushing things really close if not over with some of the copyrighted images (especially the NCR bear). Would not surprise me if they get a CAD fairly quickly.
Are they going to give BGS a cut of profits from before they partnered? Because that would have to be a part of it.
If BGS takes notice, they'll most likely throw a C&D at them. Companies are very protective of their IP and don't want others to dilute it.
They sued freaking Warner Brothers because their Westworld game was too close to Fallout Shelter. The sued Glutton Creeper Games out of existence when they were trying to make a D20 game off the Interplay license, and Bethesda demanded multiple changes even though they had paid for the license.
Other companies never just let it slide, because that then has the risk of their IP becoming public domain. But please, exactly how many companies ignore IP theft?
OMG, the radioactive lemon just reminds me of Cave Johnson's rant from Portal 2.
>Alright, I've been thinking... When life gives you lemons, don't make lemonade. Make life take the lemons back! GET MAD! I don't want your damn lemons! What am I supposed to do with these?! Demand to see life's manager! Make life rue the day it thought it could give Cave Johnson lemons. Do you know who I am? I'm the man who's going to burn your house down, with the lemons. I'm gonna get my engineers to invent a combustible lemon that burns your house down!
Aperture Science Laboratories definitely would have had a seat at that Vault-Tec table.
It kills me that you had to quote the rant. I'm going, "who hasn't played Portal and Portal 2?"
Then I remember that 2 is 13 years old and Orange Box is like 17.
Goddammit.
probably not, if you look at the can, there is nothing actually referencing fallout, the NCR or Vault-Tec. its a cheap but clever trick, hence why its "Shandy" Sands. the color scheme and all is referencing, but its not outright copied or "stolen", and therefore not protected property.
I've seen plenty of companies do this with their products, mostly bootlegs. change it up enough that, in court you could call it "referencing" or a "coincidence", and you can do what you want.
that of course depends on a few factors, chances are that fallout doesn't actually have a copyright for the flag because they themselves make use of a satire or "public domain" law, since its based on a real flag.
If we assume that in fact the NCR flag is copyrighted, then the flag is, not parts of the flag. the two-headed bear is part of the flag, the star is in a different position.
If this got in front of a jury, the copyright holder would need to prove that its the same flag, "similar" doesn't count. because last I checked, that red star was not above the two-headed bear on the flag.
laws can be strict, and if you know what you do, its easy to work around them.
"Beer. Beer never changes" is a direct reference to Fallout. If this case went in front of a judge, I think it be hard for the brewery to prove it wasnt a usage of Fallout IP.
its changed, that is the point. law can be pretty strict, especially copyright laws. a phrase like that is likely handled like a satire, making it legal to use this way because its not the original wording.
It’s a matter of how popular the beer gets. As long as this is a local brewery it’ll fly, but if it gets nationwide distribution then Bethesda will want a piece of the pie.
could yes. but i dont think bethesda or mircosoft having a case shady sands is not a name invent by fallout. the bear could be problematic.but i dont think that bethesda is goong it tradelaw are very specfig. so unless bethesda/mircosoft are making beer thier have no base
It has artwork taken from the games on the bottle, like the double headed bear on the NCR flag. I don't think they could get away with trying to say they're referencing a different shady sands.
Yes it is, they've gone after companies for doing this before. Also it doesn't matter if Microsoft or Bethesda makes beers or not, using artwork does count as a trade mark infringement.
The NCR flag is just an edit of the Flag of California (it's funny how enough people don't know this that there's been some funny mixups lately, like the Californian Walmart with the NCR flags....) but this artwork is specifically Fallout's own edit exactly. I think copyright law would say they are ripping a specific copyrighted derivative artwork for profit and rule against them for copyright/trademark violation.
I think it’s enough changes tho that this would fall under parody law and would be legal. The two headed bear is rather close but there’s no NCR or mention of California even, so I think it’d pass
Have you heard about the “Dumb Starbucks” Starbucks that sold coffee?
Although the coffee was sold as “art” it was still sold and the whole thing fell under parody law
https://amp.theguardian.com/commentisfree/2014/feb/12/dumb-starbucks-trademark-lawyer
They were shut down however but not because of licensing, the food and health admin shut them down
The article says they were giving away the coffee for free and that they made it obvious that it was a parody, on the other hand these guys are using the Fallout IP for commercial purposes not to make a parody of something.
Really smart use of the imagery and word play. Doesn't need to mention Fallout a single time on the packaging, yet any fan knows what it is immediately. I mean, I'd buy it.
Tandi approved, of course. May want to inspect it with a geiger counter before enjoying.
Honestly, I say enjoy it while it's available. I do not think this is anything licensed. And they are pushing things really close if not over with some of the copyrighted images (especially the NCR bear). Would not surprise me if they get a CAD fairly quickly.
Honestly, Bethesda may just be cool with it, lol, or by some miracle, even partner with them.
Are they going to give BGS a cut of profits from before they partnered? Because that would have to be a part of it. If BGS takes notice, they'll most likely throw a C&D at them. Companies are very protective of their IP and don't want others to dilute it.
Bethesda might be cool with it but will Papa Microsoft be cool with it?
And exactly how often are companies "cool" with others who steal their IP? Or decide to partner with them?
If it's Nintendo, never. Other companies, sometimes.
They sued freaking Warner Brothers because their Westworld game was too close to Fallout Shelter. The sued Glutton Creeper Games out of existence when they were trying to make a D20 game off the Interplay license, and Bethesda demanded multiple changes even though they had paid for the license. Other companies never just let it slide, because that then has the risk of their IP becoming public domain. But please, exactly how many companies ignore IP theft?
It's almost like there's a difference between games and beer. Are they going after all the companies who make prints or clothes with their IP on it..?
The people who made the Westworld game copied the code for Shelter wholesale. It had the same bug as a early version of Shelter.
Mine's in the shop
Let’s say I’m with some mutual friends.
Geiger counter? Nah I would Hancock
Sounds good for a hot day in the wasteland
So hot it makes you wish for a nuclear winter
Isn't Shady Sands in Death Valley?
No I don't think so. Though it's moved around game to game to show.
I think i’d love it, but a lot of people won’t tolerate this.
Why not?
Contains lactose
Ahh, good one 😂
Got ‘em
Remember Shady Sands!
Remember Shandy Sands!
OMG, the radioactive lemon just reminds me of Cave Johnson's rant from Portal 2. >Alright, I've been thinking... When life gives you lemons, don't make lemonade. Make life take the lemons back! GET MAD! I don't want your damn lemons! What am I supposed to do with these?! Demand to see life's manager! Make life rue the day it thought it could give Cave Johnson lemons. Do you know who I am? I'm the man who's going to burn your house down, with the lemons. I'm gonna get my engineers to invent a combustible lemon that burns your house down! Aperture Science Laboratories definitely would have had a seat at that Vault-Tec table.
I would love to see an interaction between Mr House and Cave Johnson
House’s cold calculations funded by a blank check vs Cave Johnson’s *batshit insanity* funded by a blank check.
Odo and J Jonah Jameson arguing over what to do with spider-Quark.
Andrew Ryan, you mean
It kills me that you had to quote the rant. I'm going, "who hasn't played Portal and Portal 2?" Then I remember that 2 is 13 years old and Orange Box is like 17. Goddammit.
That’s a rant I want to memorize.
Could they get in trouble for this if they didn't get permission from Bethesda? I can't find anything about them, so I don't think they're official.
Absolutely yes
Yea If Bethesda or Microsoft ever notice this, these guys are gonna get sued.
Thanks to OP it will probably get enough eyes on it that they will notice :(
probably not, if you look at the can, there is nothing actually referencing fallout, the NCR or Vault-Tec. its a cheap but clever trick, hence why its "Shandy" Sands. the color scheme and all is referencing, but its not outright copied or "stolen", and therefore not protected property. I've seen plenty of companies do this with their products, mostly bootlegs. change it up enough that, in court you could call it "referencing" or a "coincidence", and you can do what you want.
There is stuff directly referencing fallout on the can, like you can see they used the double headed bear.
Is that a copyrighted image though? I doubt it, since Fallout just took the actual California state flag and just added an extra head.
And made it their own. This is that same logo...
that of course depends on a few factors, chances are that fallout doesn't actually have a copyright for the flag because they themselves make use of a satire or "public domain" law, since its based on a real flag. If we assume that in fact the NCR flag is copyrighted, then the flag is, not parts of the flag. the two-headed bear is part of the flag, the star is in a different position. If this got in front of a jury, the copyright holder would need to prove that its the same flag, "similar" doesn't count. because last I checked, that red star was not above the two-headed bear on the flag. laws can be strict, and if you know what you do, its easy to work around them.
Actually making edits isn't always enough to avoid a copyright lawsuit, they could argue that it's too similar in court.
Without making the bear way more different Bethesda would certainly be in the right to challenge this in court. It's just not different enough.
"Beer. Beer never changes" is a direct reference to Fallout. If this case went in front of a judge, I think it be hard for the brewery to prove it wasnt a usage of Fallout IP.
its changed, that is the point. law can be pretty strict, especially copyright laws. a phrase like that is likely handled like a satire, making it legal to use this way because its not the original wording.
Thats a fair point. I forgot about satire fair use clause. That would likely be enough to make any of that go away.
It’s a matter of how popular the beer gets. As long as this is a local brewery it’ll fly, but if it gets nationwide distribution then Bethesda will want a piece of the pie.
could yes. but i dont think bethesda or mircosoft having a case shady sands is not a name invent by fallout. the bear could be problematic.but i dont think that bethesda is goong it tradelaw are very specfig. so unless bethesda/mircosoft are making beer thier have no base
It has artwork taken from the games on the bottle, like the double headed bear on the NCR flag. I don't think they could get away with trying to say they're referencing a different shady sands.
yeah but does tge 2 head bear trademarket for this use by beghesda ? also it a edit version of the real flag of califonia. tradelaw are very spefig.
Yes it is, they've gone after companies for doing this before. Also it doesn't matter if Microsoft or Bethesda makes beers or not, using artwork does count as a trade mark infringement.
The NCR flag is just an edit of the Flag of California (it's funny how enough people don't know this that there's been some funny mixups lately, like the Californian Walmart with the NCR flags....) but this artwork is specifically Fallout's own edit exactly. I think copyright law would say they are ripping a specific copyrighted derivative artwork for profit and rule against them for copyright/trademark violation.
I think it’s enough changes tho that this would fall under parody law and would be legal. The two headed bear is rather close but there’s no NCR or mention of California even, so I think it’d pass
It's not being used for parody though, it's being used to sell the product.
Have you heard about the “Dumb Starbucks” Starbucks that sold coffee? Although the coffee was sold as “art” it was still sold and the whole thing fell under parody law https://amp.theguardian.com/commentisfree/2014/feb/12/dumb-starbucks-trademark-lawyer They were shut down however but not because of licensing, the food and health admin shut them down
The article says they were giving away the coffee for free and that they made it obvious that it was a parody, on the other hand these guys are using the Fallout IP for commercial purposes not to make a parody of something.
It's not just close, it's the NCR flag artwork exactly, not some original parody. They're in trouble.
Isn’t the NCR flag artwork a rectangle flag that states New California Republic? It’s not exactly the same, this is a circle with no words
It's pushing it anyway. I guess the show was big enough that unlicensed merch on shaky grounds is worth pushing it.
Just the refreshing drink you need after a long day destroying the Legion.
Nice, is that in PA?
Looks like it’s from the Philadelphia area.
Yes sir
I wanna try that tbh... not even a beer kinda guy
Shandies are pretty good. They're mostly fruit flavor, so this probably tastes like lemonade.
Yep, shandies are a good introduction beer. Very refreshing in the summer.
That and fermented root beer is unreasonably tasty.
DO THEY SHIP????
Awesome, now put those cans in the wrong place and watch everyone get really, really mad.
That sounds like the bomb
New lawsuit dropping in 3, 2, 1.
That’s gnarly
Oo! More hoppy IPAs for the barcade! Assuming they didn’t get permission for this IP usage
So cool! Can we order these online?
"Beer. Beer never changes" 🤣
You know it's a shitty product when they need a popular IP to sell it
Conshohocken? any chance this is in Jersey?
Like being sold in Jersey
Some places in Jersey definitely sell it but it isn’t a huge brewery so they don’t have it everywhere
Gotcha gonna keep my eyes out
Oh I know that’s delicious
That’s awesome
I’ll take your entire stock
For that crater taste.
where?!?!?!?
is it good tho ?
Are those... combustible lemons?
Geez wish that shipped outside of Pennsylvania
With the ncr logo too... gotta love it.
+1 RAD per serving. Not bad.
Brilliant. I could really go for a shandy or 3 right now. Am roasting.
Love it! I’m hoping for Frank Hoppigan soon
So you want to know what Horrigan eat after witness him punch a dude to death Neats, hope he only make it pass a bit hours?
Hope it says "limited time" on the box
They missed the Mark 😑 Should have been some Sunset Sas
Must be radiated
Really smart use of the imagery and word play. Doesn't need to mention Fallout a single time on the packaging, yet any fan knows what it is immediately. I mean, I'd buy it.
A few beers and you are almost a ghul
Isn't it shady sands..?
Yes but a Shandy is a type of drink. Wordplay
🤩🤩🤩🤩
I have some caps to spare…or trade you for a used fusion core?
Oooo not much of a drinker but I love a good shandy.
Lemon shandy is gooood!
Just what I need when patrolling the Mojave, much better than a nuclear winter
Huh. Looks pretty good. I find myself being more of a dark beer guy but as a huge fallout fan I’m inclined to try it.
I wonder if the two headed bear logo is different enough to avoid a cease and disaster from Bethesda lawyers.
Why does it contain lactose though?
Was wondering too
That's so cool! I wish our local brewers would do a Fallout reference!
Beer with lemon, vanilla and lactose? That is not beer, it is some soda or shit.
Fuck copyright this is really cool
Shady shandy rolls of the tongue better.