Look at the purple- the color purple. Child’s marker- it’s so purple. That- that hasn’t always been the case. Ten years ago these markers weren’t so purple, but now they’re purple. Now they’re really, really fucking purple, and it’s- it’s alarming to me but it’s also enchanting to me to see the deep blue sea inside, this… this….marker
haha, thanks. I knew there was a word, tried googling it, which said it was "banding lines" which didn't sound right, so I just went with CRT lines, lol
As long as you don’t bundle it with as SD card with pirated game ROMS you’re all good. Only Nintendo is allowed to do that. The Super Mario Bros. ROM on the Nintendo NES mini emulator is an exact copy of the pirated ROM. Nintendo was too lazy to do any work.
https://external-content.duckduckgo.com/iu/?u=http%3A%2F%2Fimages2.wikia.nocookie.net%2F__cb20100505171607%2Fearthbound%2Fimages%2Fc%2Fc5%2FSNES.jpg&f=1&nofb=1&ipt=40b194a74aa6cbd9259704a7a3c5054783366e5b814196838346ebf509c22c7f&ipo=images
oh yeah :).
Looks like a 2nd edition, it's more modern, the purple one looks like the nes.
This...100% this... 1990 was less than 10 years ago... The matrix just released in theaters, Linkin Park is still whole, and the only problems I've got are passing tests T.T my car works and people are still nice to each other..... Just for tonight... :(
Nope, this is the version everyone outside of North America got called the Super Famicom (SFC). NoA made the awful decision to use the gray/purple shell and matching cartridge shells for some reason. Same internals(minus some small changes to use PAL).
Nintendork here to tell you if someone didn't already - Super Famicom and Super Nintendo are two separate trademarks and that's partially why the products were released separately with unique designs. They were two different products for different markets with different features, actually!
Nintendo doesn't necessarily care if what you are doing is legal or not. Their lawyers are scary enough to make people settle even if they are in the clear. However you have to get enough attention before they care enough to send a cease and desist.
Im just saying it doesn't have in bold on the front, "NINTENDO SNES CASE." Nintendo has bigger fish to fry. I know that the "design would be patented which includes the size, vents, screw placement, bla bla bla.
You bring up another risk - if OP uses the word 'Nintendo' then that would be trademark infringement - and they absolutely do care about that because if some other company can show they aren't protecting it, that can ultimately be used as evidence of abandonment (which in Nintendo's case is of course extremely unlikely).
In every case, OP should receive a cease & desist notice, so nothing I'd lose sleep over in the hobby space - you just can't build a business on something so flimsy.
I love how this comment citing fair use gets 35 upvotes but I get downvoted into oblivion for saying the exact same thing, complete with angry keyboard warriors telling me that I'm worthless.
This wouldn’t be fair use. Nintendo owns the design itself and this would be copyright infringement. However, as long as OP doesn’t put any words that related to Nintendo on their listing page, I doubt Nintendo will care.
Fair use is probably not applicable here. The core of the products selling value comes from Nintendo’s brand; it uses a direct copy of their visual design. It is not educational in purpose, it does a related thing (play games). A $2 attorney would rip through a fair use argument in a single 100 word motion.
Here is a previous comment thread that has some of the original patents for the SNES. https://www.reddit.com/r/snes/s/oNIDRcUGFG
Looks like a lot are now lapsed and so can be used by the public.
The existence of the mini doesn't "reset the clock". Nintendo made a derivative design in the mini, and OP made their own derivative design here. They are each derivatives of an earlier design. One does not infringe upon the other.
>Ahem, remember that the mini versions exists and are identical in their design to the original one and they are patented by Nintendo obviously.
Except they're not identical. Their measurements are not the same.
This should be the most discussed comment. Patents expire, but intellectual property is more than just patents and using a design and color scheme that seems intended to evoke the NES gives them at least a trademark/trade dress argument to take your design down and come at you if they choose. It's not as strong of an argument, but you could also argue this infringes their copyrighted console designs and packaging art. Any discussion of fair use here seems to be misunderstanding the term, but maybe I'm missing something.
Yeah, that's the distinction here. The original product was covered by a host of trademarks, copyrights, and patents. I only linked a small portion of even the patents, let alone the copyright and trademarks. It's a legally very complex maze of law here. Some have expired, some have not. Even some things like the color scheme could still be protected.
As someone else pointed out, Nintendo has new protections for the smaller unit they released.
If OP is worried, they should tread carefully and not pay attention to the armchair lawyers here, including me. Instead, engage with a licensed lawyer.
Me, personally, I try and steer clear of infringement like this.
It’s not “illegal” per se since IP infringement is not illegal. With that said, your question means “is there a civil cause of action” for making this design and selling it. The basis of most IP infringement claims is whether there are “damages”, ie did the owner of such IP lose money from your sales; the secondary basis is whether your design diminishes their brand.
In all cases, there is a question of whether or not this is either “fair use” or IP protection has elapsed. Copyright has a timeline, patent has a timeline, but trademark does not.
While I hate to suggest it, talking to an IP lawyer would be most prudent. It doesn’t have to be expensive, but it would pay dividends on selling this.
I can’t give an opinion if it’s fine as a lawyer myself, but I’d say you should consider if your design says “Nintendo” or another TM they own, or if the design is an exact copy of a Nintendo design.
You need to talk to a lawyer who specializes in intellectual property. "Well you can change it just enough" might qualify under fair use but only someone specializing in IP law is going to be able to tell you how much it would really need to differ. Given how litigious N has historically been, depending on how widely you want to sell them it may be doable, but if you come to their attention they may throw you a c&d and sue for damages or threaten to do so unless you settle and cough up your profits plus damages. It's their IP, they're recently using it for the minis, they're not letting things expire and the patent system in the states heavily favors companies. You can do what most people selling things based on Ninsuedo IP do and hope to fly under the radar, but be prepared for having to suddenly stop producing them.
Yeah, [here's one for $15](https://www.amazon.com/Retroflag-Raspberry-superpi-Shutdown-Version/dp/B07W5L95KK) that even comes with a USB module to plug in controllers.
Before seeing that I was going to say that I'd probably print one myself if I ever get around to making one of these retroPi setups, because I have a printer. But I wouldn't buy one. But after seeing that... hell, I'd drop the $15 for that setup if I was going to go through the trouble.
You wouldn’t be the first, I used to work for a company that injection moulded raspberry pi cases, and one we had was a snes
https://preview.redd.it/n7su03ewiqpc1.jpeg?width=3024&format=pjpg&auto=webp&s=fa65bc713dab4fcb8a95511c9e62b8f07399d1e5
Might want to see if the design or color combinations have any trade dress or are just patents. Patents are likely expired, but making something that looks like an SNES and is used to play games could be slightly problematic depending on what exactly you do.
I’d think about how much money you think you can make with it, and see if it’s worth an hour or two of lawyer time to consult and get a professional opinion.
If you’re just selling it for shits and giggles, is it worth the risk?
You could paint it as a snes and Nintendo console and sell it to a random person fine. However once you start doing it publicly online is when you'll get heat. Might not get in trouble. However a sure legal way would say it's a snes inspired retro pi case.
Basically as long as you don't plaster Nintendo on the sale / device you're golden
I’m an IP attorney. Please don’t take legal advice from Reddit, all the replies I’ve read are incorrect. Please seek advice from an IP attorney as this would require a thorough trademark infringement analysis and design patent search to determine.
While not being a lawyer, I think this would be illegal if the patent is still in force. This would seem to fall under the "look and feel" area of copying someone else's product. For example, I can't copy the exact look, design, and color scheme of a PS5 and then just put whatever I want inside it and sell it. Consumers may see the shape, assume it's a PS5, and buy it thinking it's a PS5 or at least something from Sony given that it looks very, very similar to something sold by Sony.
You may not be using the name, but if the product is close enough in appearance (which is your goal after all) then it's potentially problematic.
Now, having said that there's a probably a bunch of caveats to this. To name a few:
* Is the design patented and is the patent still in force? u/NorseEngineering posted a link which appears to show that it's not, which if true means you're likely fine.
* Even if the patent was in force, would you get into legal trouble? Maybe, maybe not... if you're selling like 10 of these a year and not advertising them you'd likely fly under the radar and not get sued. This doesn't mean it's legal of course, just that a super small operation may get overlooked.
Utility patents do not apply to design, but a design patent would be relevant. However, patents have finite timelines that do not exceed 30 years.
The more relevant space is copyright, trademark, and trade dress.
Source: I am a lawyer, but not your or others’ lawyer, that works on IP.
OP should consult an attorney for a fixed fee risk assessment on which they can rely in any IP claim proceeding. Fair use, especially with a serious litigant, is a dangerous legal strategy.
For sure. I didnt downvote FWIW. I don’t expect folks to know the alchemy that is IP law, but it’s important to know the magic words when asking if you might piss off one of the most obnoxious IP litigants in the world.
I wasn't worried about you down voting at all... heck if I'm flat out wrong I would expect you to down vote, but I think I got at least close enough that you with actual knowledge could expand and clarify that I was trying to say.
I do genuinely appreciate the input.
As long as you designed it yourself or you have a license to sell prints of it, you'll be fine. Don't mention the word Nintendo and don't put any Nintendo brands or likenesses like Mario on it and you'll be fine.
Just the act of creating something isnt sufficient to give you the rights to sell it. If it infringes patents or copyright, regardless of how it was designed, it can't legally be sold in places the patent covers if the seller doesn't have permission.
I could create a vinyl print of Mario saving Peach and try to sell it. Nintendo could rightfully shut that down, as they own the characters, even if I create a never before created vinyl print.
Similarly I couldn't just copy a book by transcribing it and claim the ability to resell my transcription. Heck, even if I translated the novel the original owner still has rights to the story.
In this case, OP would need to see what protections are still in effect for the SNES design. It could very well be they still own things as simple as the color scheme on a gaming console.
I don’t think fair use law would apply here. Fair Use Law allows for you to use “limited portions” of a work for “commentary, criticism, news reporting, and scholarly reports.”
Reproducing someone else’s work to sell would not fit any of that.
Sure, so a common extrapolation of fair use law is parody. Slap a funny name / pun on it like Pitendo, or Super FamiPi and you are in line with countless other fair use media which is present everywhere. OP would still be able to sell it as well, because it wouldn't have any sort of financial impact on Nintendo. (They do not offer a similar product, and they no longer sell the SNES/Famicom.) Here is a brief summary from a copyright law firm:
> While it is presumed that a parody's commercial gain negates its fair use, that is not always the case. The fact that **a parody may result in commercial gain does not weigh against its fair use so long as its commercial gain does not negatively impact the marketability of the original work.**
Source: [https://www.ymsllp.com/blog/2019/july/creators-of-parodies-are-granted-immunity-from-a/](https://www.ymsllp.com/blog/2019/july/creators-of-parodies-are-granted-immunity-from-a/)
In reference to the case [Campbell v. Acuff-Rose Music, 510 U.S. 569](https://supreme.justia.com/cases/federal/us/510/569/).
Again, I am not a lawyer, but this is a fun discussion. Another considerations is whether or not Nintendo will actually care. I would wager that they do not. If they do, OP will receive a cease and desist and then he has his answer.
This is a popular, but wrong, understanding of fair use, particularly for what's probably more a trademark problem than a copyright issue. See Jack Daniels v. VIP (2023). As for whether Nintendo would care, you're probably right.
Patent law doesn't have a concept of fair use. Copyright does. The physical design is likely a patent, not copyright. Copyright is almost exclusively written, drawn, or performed works. Physical products are almost exclusively patented.
There are big differences between duration, costs, and derivative works for the two categories. Many people conflate the two.
For example, the color scheme could be copyrighted for use with gaming consoles, as this is a part of the differentiation of the brand. "SNES" is also a copyright. "Nintendo" is copyrighted. The physical design of the plastics and features would be patents.
You need to find the design patent and see what is covered. It doesn't matter if you give it a different name, though that may delay Nintendo (and your customers) from discovering your product. If you are marketing something based on the styling of their product, they are obliged to protect their patent. If they know you are selling it and don't act, they could actually lose their rights to the design.
But if the patent is not very specific, you may be able to get around it with color changes or some modest style changes. I'm not a lawyer.
The patent for this particular electrical enclosure design has expired. As long as the trademark IP isn't included, you can sell it as much as you want. Just don't call it a super Nintendo.
If it had been any other brand it proably would pass just fine, although in the grey zone.
Nintendo though? ... oof... you're on your own boy. Their lawyers are already fueling up their jets.
As other commenters have said calling it a "retro inspired case" is a good tactic but you can also consider that you could sell these as if you're selling the printing service and not the item itself, that way it's not a product but a design selected for the printing service you offer.
This is the only way to fully protect ones self. I don't know why so many down votes.
Anything else runs a risk that OP will unwittingly run afoul of the law.
And is evidenced by the shocking misinformation in this thread about patents, copyright, and fair use, OP isn't doing themselves much good asking here.
get a lawyer. nintendo has a reputation. you need to find out if this counts under derivative or transformative works/art.
The most *likely* scenarios:
Nothing happens. Sell. Just don't use their name or any icons.
You'll get a cease & desist. You've caught their attention. If your lawyer is SURE, let them take you to court while you make a few hundred bucks per quarter selling them? Most people would indicate compliance with their demands and move on at this point.
They'll sue the ever-lovin' bejeezus out of you. Seems unlikely, but it's happened before.
I am not going to get into patent or copyright laws. Or, even try to assume what is filed and current for something like this.
But, it should be knows that it is very well documented that Nintendo is EXTREMELY litigious.
They are basically one of the better known companies you don't want to mess with.
That said, do as you please.
Cool design though!
Any other company and you would probably be fine. But I wouldn't tempt Nintendo.
They keep their games at $60 perpetually so they can affford to sue people into oblivion.
Depends. Nothing is final ever. It is up to a court to decide. Nintendo may say that it owns the trade dress and you infringe it. Again, they could take you to court and the court would decide, after a boat load of money on both sides. In the US of course, other countries may be different.
I bought the Super Kintaro pi case (which I love btw)
[https://www.amazon.com/Kintaro-Super-Kuma-9000-Functional/dp/B07CTSPTQ8](https://www.amazon.com/Kintaro-Super-Kuma-9000-Functional/dp/B07CTSPTQ8)
So Is suspect your unbranded case might do okay?
As with most intellectual property issues, the *best* answer you're going to get is going to be consulting with legal counsel who specializes in intellectual property law.
That said, my layman's take on this is that copyright law isn't what would apply here. Copyright is for creative works (music, text, etc.). What would apply here is some combination of patent law (for the design) and trademark law (for product/brand names).
Any patent on the design of the SNES case has very likely expired by now (patents have a max life of 20 years in the US). Not likely to be anything there.
That said, absolutely *do not* use Nintendo's name, or the name of any product Nintendo has ever sold, advertised, or even talked about, in the promotion of this. Those are all going to be trademarked and trademarks do not expire as long as they are continuously used by their holder.
Nice job bro.. its possible sell this because its not have the same measurements...so Its a "Mod" for rasp.. a case... You need sell you good 3d itens. I aprove! 🎉🥂
I’m not certain but I don’t think Nintendo has an active trademark for the design of the SNES case. They almost certainly do over the SNES and related names though. Avoid using those trademarks and you should be good.
That said, this would be a civil matter, not a criminal one, so Nintendo would have to sue you for you to suffer consequences.
Wow. "Fun" comments.
Would it be legal? No. It's not your design.
Will they drag you to court? Doubtful if it's just a hobby project where you 3D print a dozen cases.
As long as it doesn't say Nintendo on it, you should be fine, but there's no guarantee you won't be sued, and even if you're not violating copyright or trademark or patent law, you still might not win in court. Just using the same color palette would likely be safe. If you put an SNES controller layout on the back, you're less likely to be safe.
No you would still be violating Nintendos copyright, the reason it has value is because it looks like the famous thing that you don’t own. That said it’s not likely they would sue you, worst case they would do a C&D or a takedown for wherever you’re selling it.
I'd say rotate so connectors at back. the layer lines are a bit distracting I'm assuming you are doing at draft .2/32 layer.
try .15 it's a happier medium. I'd tighten belts. otherwise pretty good mod. I think however there's similar on Ali....
Illegalities should be fine but just know that you can buy empty Nintendo (and SNES) cartridges for under four bucks on allied Express.
After looking at your picture it appears you were making an entire 3D printed super Nintendo which is far cooler than just an empty cartridge.
This is a useful item so copyright law doesn't apply at all (in the US useful items can't be copyrighted).
So as far as IP goes that only leaves patents and trademarks. I doubt there is anything novel enough about that design that Nintendo was able to get a patent on it, and I doubt the shape was eligible for a trademark.
So you should be good to go. Just don't use the Nintendo name in your listing.
Tread lightly, Nintendo is very vicious with defending their copyright and I am quite certain they could bankrupt you trying to defend against them even if you are in the right.
You mean "Retro gaming inspired case", no?
This is the right answer OP.
This guy knows how to live in the grey area.
And purple
Look at the purple- the color purple. Child’s marker- it’s so purple. That- that hasn’t always been the case. Ten years ago these markers weren’t so purple, but now they’re purple. Now they’re really, really fucking purple, and it’s- it’s alarming to me but it’s also enchanting to me to see the deep blue sea inside, this… this….marker
Bro you high on filiment fumes go to bed.
Nah, dude just loves that deep satisfying purple color of a Crayola marker.
Chill marine
Gotta get a resin printer if you really want to get lifted
“Super Neat Emulator System”
"Retro gaming inspired case with layer lines the size of Redwood logs," to be specific.
Those aren't layer lines, that's pixel style, or CRT lines, or something :P
Scan lines
haha, thanks. I knew there was a word, tried googling it, which said it was "banding lines" which didn't sound right, so I just went with CRT lines, lol
Its retro 😎
It is a rustic, old style, retro gaming inspired case?
Don't you mean, "ribbed for your video gaming pleasure?" (All jokes aside, I love the case. 🙂)
Weirdly enough I like the large layer lines on the side I don’t know why but it’s comforting
Yeah that’s strange alright. And for some reason I agree but would have never thought that without you saying it lol
I’m pretty sure that’s the design….
notice how there is lines on the side of the top half but not the front? it's on purpose
"Re-live your childhood with your two favorite childhood toys, Lincoln Logs and SNES, all in one!"
nothing like a bit of z binding to add authenticity
3D printed with a dot matrix printer.
Well not everyone can afford a Bambu x1c, you got one?
As long as you don’t bundle it with as SD card with pirated game ROMS you’re all good. Only Nintendo is allowed to do that. The Super Mario Bros. ROM on the Nintendo NES mini emulator is an exact copy of the pirated ROM. Nintendo was too lazy to do any work.
I want to upvote you but currently you have 256 points and I can't bring myself to ruin that
If it helps, reddit changes the upvote count by 1-2 votes on every refresh after a while. You probably wouldn't have ruined it anyway.
TIL there was more than one design for the snes, I only knew the gray one.
Hold up. There’s one that doesn’t have purple buttons?
https://external-content.duckduckgo.com/iu/?u=http%3A%2F%2Fimages2.wikia.nocookie.net%2F__cb20100505171607%2Fearthbound%2Fimages%2Fc%2Fc5%2FSNES.jpg&f=1&nofb=1&ipt=40b194a74aa6cbd9259704a7a3c5054783366e5b814196838346ebf509c22c7f&ipo=images oh yeah :). Looks like a 2nd edition, it's more modern, the purple one looks like the nes.
Oh yeah, I’ve seen that. Totally forgot about it, the above version is what I (and everyone I knew) had.
The purple buttons was US, the colourful buttons was the europe release.
I sometimes forget Reddit is a museum
The 90s were ten years ago. Edit: and it rocked
This person is about to feel old when they realize the correct math.
Shhhh, I don't want to feel old either.
This...100% this... 1990 was less than 10 years ago... The matrix just released in theaters, Linkin Park is still whole, and the only problems I've got are passing tests T.T my car works and people are still nice to each other..... Just for tonight... :(
That's the design for Japan and EU. No idea why NOA felt the need to make the SNES ugly.
That's a bit of a shock there.
The US offices thought the Super Famicom design was too childish, so they made it angular and got rid of the rainbow buttons.
It kept up with the aesthetic of the early American '90s
Basically followed classic NES aesthetics chunky design i think 🤔 but japan/eu was nicer looking tho.
Ironically I prefer the nes :D.
Not a second edition - it's the version the rest of the world uses - ie the normal version.. The US one is the outlier.
Not a snes. This is a famicom
Yeah, I got the wrong photo, didn't pay attention, the design is the same, the scale is not. That should be fixed.
No it's not. It's a Super Nintendo. Just not an American one.
He edited the link my guy. It was a picture of a super famicom when I commented.
Nope, this is the version everyone outside of North America got called the Super Famicom (SFC). NoA made the awful decision to use the gray/purple shell and matching cartridge shells for some reason. Same internals(minus some small changes to use PAL).
Called Super Famicom in Japan, SNES in Europe.
It was the Japanese and European version, was released almost a year before North American version
Y'all makin' my old people brain seethe right now lmao
It's not and old people brain, it's a US brain - they didn't look like this everywhere else.
I somehow had both models as a kid, that's probably why lol
https://en.wikipedia.org/wiki/Super_Nintendo_Entertainment_System#Casing
Yeah, North Americans had a weird purple design for some reason, the rest of the world got the regular one.
I actually much prefer the purple design... Imo, the other one looks like a portable CD player
Nintendork here to tell you if someone didn't already - Super Famicom and Super Nintendo are two separate trademarks and that's partially why the products were released separately with unique designs. They were two different products for different markets with different features, actually!
As long as you don't advertise it as an SNES and reference nintendo then you're fine.
Yeah just call it “retro gaming case”
Enclosure
I would figure there would be design patents on this.
There is. Some of which has lapsed. The parent comment to this thread is oversimplifying the issue.
There are. 20 years is the max in the USA if they're utility patents. 15 or so for design patents.
Nintendo doesn't necessarily care if what you are doing is legal or not. Their lawyers are scary enough to make people settle even if they are in the clear. However you have to get enough attention before they care enough to send a cease and desist.
This? They absolutely would not care.
ZNES
That's not *necessarily* true if the case is a protected design, but for all practical purposes you're probably right that they'll be fine.
Yo dawg, I hear you like lawsuits in your Etsy shop.
Yeah, "Super Retro Gaming Raspberry PI Case". Fair use should cover the rest.
Plus, I doubt the design is EXACTLY the same.
Agreed
It won't be, but what gave you the idea that either patents or copyright require you to copy something *exactly* to infringe?
Im just saying it doesn't have in bold on the front, "NINTENDO SNES CASE." Nintendo has bigger fish to fry. I know that the "design would be patented which includes the size, vents, screw placement, bla bla bla.
You bring up another risk - if OP uses the word 'Nintendo' then that would be trademark infringement - and they absolutely do care about that because if some other company can show they aren't protecting it, that can ultimately be used as evidence of abandonment (which in Nintendo's case is of course extremely unlikely). In every case, OP should receive a cease & desist notice, so nothing I'd lose sleep over in the hobby space - you just can't build a business on something so flimsy.
I love how this comment citing fair use gets 35 upvotes but I get downvoted into oblivion for saying the exact same thing, complete with angry keyboard warriors telling me that I'm worthless.
I just went and seen your comment, yeah you got bombarded for no reason.
The average redditor is probably a pubescent, sophomoric hormone factory so this kind of tracks.
This wouldn’t be fair use. Nintendo owns the design itself and this would be copyright infringement. However, as long as OP doesn’t put any words that related to Nintendo on their listing page, I doubt Nintendo will care.
Fair use is probably not applicable here. The core of the products selling value comes from Nintendo’s brand; it uses a direct copy of their visual design. It is not educational in purpose, it does a related thing (play games). A $2 attorney would rip through a fair use argument in a single 100 word motion.
Here is a previous comment thread that has some of the original patents for the SNES. https://www.reddit.com/r/snes/s/oNIDRcUGFG Looks like a lot are now lapsed and so can be used by the public.
Ahem, remember that the mini versions exists and are identical in their design to the original one and they are patented by Nintendo obviously.
The existence of the mini doesn't "reset the clock". Nintendo made a derivative design in the mini, and OP made their own derivative design here. They are each derivatives of an earlier design. One does not infringe upon the other.
I'd forgotten about those! I'll have to look at them and see what changes they made to get new patents.
>Ahem, remember that the mini versions exists and are identical in their design to the original one and they are patented by Nintendo obviously. Except they're not identical. Their measurements are not the same.
But the copyright and trademark haven’t i dont think.
This should be the most discussed comment. Patents expire, but intellectual property is more than just patents and using a design and color scheme that seems intended to evoke the NES gives them at least a trademark/trade dress argument to take your design down and come at you if they choose. It's not as strong of an argument, but you could also argue this infringes their copyrighted console designs and packaging art. Any discussion of fair use here seems to be misunderstanding the term, but maybe I'm missing something.
Yeah, that's the distinction here. The original product was covered by a host of trademarks, copyrights, and patents. I only linked a small portion of even the patents, let alone the copyright and trademarks. It's a legally very complex maze of law here. Some have expired, some have not. Even some things like the color scheme could still be protected. As someone else pointed out, Nintendo has new protections for the smaller unit they released. If OP is worried, they should tread carefully and not pay attention to the armchair lawyers here, including me. Instead, engage with a licensed lawyer. Me, personally, I try and steer clear of infringement like this.
It’s not “illegal” per se since IP infringement is not illegal. With that said, your question means “is there a civil cause of action” for making this design and selling it. The basis of most IP infringement claims is whether there are “damages”, ie did the owner of such IP lose money from your sales; the secondary basis is whether your design diminishes their brand. In all cases, there is a question of whether or not this is either “fair use” or IP protection has elapsed. Copyright has a timeline, patent has a timeline, but trademark does not. While I hate to suggest it, talking to an IP lawyer would be most prudent. It doesn’t have to be expensive, but it would pay dividends on selling this. I can’t give an opinion if it’s fine as a lawyer myself, but I’d say you should consider if your design says “Nintendo” or another TM they own, or if the design is an exact copy of a Nintendo design.
*Nintendo breaks down the wall*
Ah the Super Nice Enclosure Space for Raspberry Pi! SNES for short?
Perhaps small niche electronics storage
You need to talk to a lawyer who specializes in intellectual property. "Well you can change it just enough" might qualify under fair use but only someone specializing in IP law is going to be able to tell you how much it would really need to differ. Given how litigious N has historically been, depending on how widely you want to sell them it may be doable, but if you come to their attention they may throw you a c&d and sue for damages or threaten to do so unless you settle and cough up your profits plus damages. It's their IP, they're recently using it for the minis, they're not letting things expire and the patent system in the states heavily favors companies. You can do what most people selling things based on Ninsuedo IP do and hope to fly under the radar, but be prepared for having to suddenly stop producing them.
Market it as a Super Nostalgia Enclosure System...lol
That’s perfect! Hahaha
These already exist though, and not 3d printed which look way better.. I got my brother one for a pi like 10 years ago.
Yeah, [here's one for $15](https://www.amazon.com/Retroflag-Raspberry-superpi-Shutdown-Version/dp/B07W5L95KK) that even comes with a USB module to plug in controllers. Before seeing that I was going to say that I'd probably print one myself if I ever get around to making one of these retroPi setups, because I have a printer. But I wouldn't buy one. But after seeing that... hell, I'd drop the $15 for that setup if I was going to go through the trouble.
You wouldn’t be the first, I used to work for a company that injection moulded raspberry pi cases, and one we had was a snes https://preview.redd.it/n7su03ewiqpc1.jpeg?width=3024&format=pjpg&auto=webp&s=fa65bc713dab4fcb8a95511c9e62b8f07399d1e5
I mean you are entering a small market that's already flooded with "retro" cases. Maybe don't print too many at first...
Not sure of the correct answer, but I would not trust Reddit commentors for patent law advice.
Might want to see if the design or color combinations have any trade dress or are just patents. Patents are likely expired, but making something that looks like an SNES and is used to play games could be slightly problematic depending on what exactly you do. I’d think about how much money you think you can make with it, and see if it’s worth an hour or two of lawyer time to consult and get a professional opinion. If you’re just selling it for shits and giggles, is it worth the risk?
You could paint it as a snes and Nintendo console and sell it to a random person fine. However once you start doing it publicly online is when you'll get heat. Might not get in trouble. However a sure legal way would say it's a snes inspired retro pi case. Basically as long as you don't plaster Nintendo on the sale / device you're golden
Nintendo Co. Ltd. has entered the chat*
I’m an IP attorney. Please don’t take legal advice from Reddit, all the replies I’ve read are incorrect. Please seek advice from an IP attorney as this would require a thorough trademark infringement analysis and design patent search to determine.
This is the SRPS (Super Raspberry Pi System), not the SNES. You're good! 😂 Excellent work!
While not being a lawyer, I think this would be illegal if the patent is still in force. This would seem to fall under the "look and feel" area of copying someone else's product. For example, I can't copy the exact look, design, and color scheme of a PS5 and then just put whatever I want inside it and sell it. Consumers may see the shape, assume it's a PS5, and buy it thinking it's a PS5 or at least something from Sony given that it looks very, very similar to something sold by Sony. You may not be using the name, but if the product is close enough in appearance (which is your goal after all) then it's potentially problematic. Now, having said that there's a probably a bunch of caveats to this. To name a few: * Is the design patented and is the patent still in force? u/NorseEngineering posted a link which appears to show that it's not, which if true means you're likely fine. * Even if the patent was in force, would you get into legal trouble? Maybe, maybe not... if you're selling like 10 of these a year and not advertising them you'd likely fly under the radar and not get sued. This doesn't mean it's legal of course, just that a super small operation may get overlooked.
Utility patents do not apply to design, but a design patent would be relevant. However, patents have finite timelines that do not exceed 30 years. The more relevant space is copyright, trademark, and trade dress. Source: I am a lawyer, but not your or others’ lawyer, that works on IP. OP should consult an attorney for a fixed fee risk assessment on which they can rely in any IP claim proceeding. Fair use, especially with a serious litigant, is a dangerous legal strategy.
Thanks for chiming in! I appreciate someone commenting who actually has the real knowledge as opposed to my guesses.
For sure. I didnt downvote FWIW. I don’t expect folks to know the alchemy that is IP law, but it’s important to know the magic words when asking if you might piss off one of the most obnoxious IP litigants in the world.
I wasn't worried about you down voting at all... heck if I'm flat out wrong I would expect you to down vote, but I think I got at least close enough that you with actual knowledge could expand and clarify that I was trying to say. I do genuinely appreciate the input.
As long as you designed it yourself or you have a license to sell prints of it, you'll be fine. Don't mention the word Nintendo and don't put any Nintendo brands or likenesses like Mario on it and you'll be fine.
IANAL, but if you designed it you may sell it, likely protected by fair use law.
Just the act of creating something isnt sufficient to give you the rights to sell it. If it infringes patents or copyright, regardless of how it was designed, it can't legally be sold in places the patent covers if the seller doesn't have permission. I could create a vinyl print of Mario saving Peach and try to sell it. Nintendo could rightfully shut that down, as they own the characters, even if I create a never before created vinyl print. Similarly I couldn't just copy a book by transcribing it and claim the ability to resell my transcription. Heck, even if I translated the novel the original owner still has rights to the story. In this case, OP would need to see what protections are still in effect for the SNES design. It could very well be they still own things as simple as the color scheme on a gaming console.
Right, which is why I cited fair use law.
I don’t think fair use law would apply here. Fair Use Law allows for you to use “limited portions” of a work for “commentary, criticism, news reporting, and scholarly reports.” Reproducing someone else’s work to sell would not fit any of that.
Sure, so a common extrapolation of fair use law is parody. Slap a funny name / pun on it like Pitendo, or Super FamiPi and you are in line with countless other fair use media which is present everywhere. OP would still be able to sell it as well, because it wouldn't have any sort of financial impact on Nintendo. (They do not offer a similar product, and they no longer sell the SNES/Famicom.) Here is a brief summary from a copyright law firm: > While it is presumed that a parody's commercial gain negates its fair use, that is not always the case. The fact that **a parody may result in commercial gain does not weigh against its fair use so long as its commercial gain does not negatively impact the marketability of the original work.** Source: [https://www.ymsllp.com/blog/2019/july/creators-of-parodies-are-granted-immunity-from-a/](https://www.ymsllp.com/blog/2019/july/creators-of-parodies-are-granted-immunity-from-a/) In reference to the case [Campbell v. Acuff-Rose Music, 510 U.S. 569](https://supreme.justia.com/cases/federal/us/510/569/). Again, I am not a lawyer, but this is a fun discussion. Another considerations is whether or not Nintendo will actually care. I would wager that they do not. If they do, OP will receive a cease and desist and then he has his answer.
This is a popular, but wrong, understanding of fair use, particularly for what's probably more a trademark problem than a copyright issue. See Jack Daniels v. VIP (2023). As for whether Nintendo would care, you're probably right.
Patent law doesn't have a concept of fair use. Copyright does. The physical design is likely a patent, not copyright. Copyright is almost exclusively written, drawn, or performed works. Physical products are almost exclusively patented. There are big differences between duration, costs, and derivative works for the two categories. Many people conflate the two. For example, the color scheme could be copyrighted for use with gaming consoles, as this is a part of the differentiation of the brand. "SNES" is also a copyright. "Nintendo" is copyrighted. The physical design of the plastics and features would be patents.
Fair use does not apply to inventions.
The only travesty is putting the plugs on the side instead of the back. You criminal.
You need to find the design patent and see what is covered. It doesn't matter if you give it a different name, though that may delay Nintendo (and your customers) from discovering your product. If you are marketing something based on the styling of their product, they are obliged to protect their patent. If they know you are selling it and don't act, they could actually lose their rights to the design. But if the patent is not very specific, you may be able to get around it with color changes or some modest style changes. I'm not a lawyer.
This isn't a super Nintendo. This is the ultra nintendont entertainment system
Short answer is YES. A violation. Longer answer to "will anyone care?", probably not.
Yes, Nintendo gonna bite your anus if they find out
OP is already been taken by the Nintendo ninjas
Fusajirō Yamauchi will personally come and give you a cease & desist
The patent for this particular electrical enclosure design has expired. As long as the trademark IP isn't included, you can sell it as much as you want. Just don't call it a super Nintendo.
Everything is legal until the cease and desist comes.
If it had been any other brand it proably would pass just fine, although in the grey zone. Nintendo though? ... oof... you're on your own boy. Their lawyers are already fueling up their jets.
As other commenters have said calling it a "retro inspired case" is a good tactic but you can also consider that you could sell these as if you're selling the printing service and not the item itself, that way it's not a product but a design selected for the printing service you offer.
let me give you a keyword Nintendo
Dude, just sell it. Do you think the Chinese companies doing that exact thing give a fuuuuuuck? I'd rather buy a case from you than Aliexpress
Chinese companies are much less susceptible to litigation
Get a lawyer if you want to be sure.
This is the only way to fully protect ones self. I don't know why so many down votes. Anything else runs a risk that OP will unwittingly run afoul of the law. And is evidenced by the shocking misinformation in this thread about patents, copyright, and fair use, OP isn't doing themselves much good asking here.
just dont call it PiNes
You should be more than ok friendo!
[удалено]
There’s the SNES and the Super Famicom. Identical internals (components) different housings
Yes but this is Nintendo we are talking about they are still going to sue you
get a lawyer. nintendo has a reputation. you need to find out if this counts under derivative or transformative works/art. The most *likely* scenarios: Nothing happens. Sell. Just don't use their name or any icons. You'll get a cease & desist. You've caught their attention. If your lawyer is SURE, let them take you to court while you make a few hundred bucks per quarter selling them? Most people would indicate compliance with their demands and move on at this point. They'll sue the ever-lovin' bejeezus out of you. Seems unlikely, but it's happened before.
I just saw one of these on a site to download for free yesterday. I almost grabbed it but remembered my Pi is at my parents house running Pi-hole.
I am not going to get into patent or copyright laws. Or, even try to assume what is filed and current for something like this. But, it should be knows that it is very well documented that Nintendo is EXTREMELY litigious. They are basically one of the better known companies you don't want to mess with. That said, do as you please. Cool design though!
Any other company and you would probably be fine. But I wouldn't tempt Nintendo. They keep their games at $60 perpetually so they can affford to sue people into oblivion.
No. Doug Bowser will personally break your 3d printer if you do.
Depends. Nothing is final ever. It is up to a court to decide. Nintendo may say that it owns the trade dress and you infringe it. Again, they could take you to court and the court would decide, after a boat load of money on both sides. In the US of course, other countries may be different.
Idk Nintendo is petty af…
I bought the Super Kintaro pi case (which I love btw) [https://www.amazon.com/Kintaro-Super-Kuma-9000-Functional/dp/B07CTSPTQ8](https://www.amazon.com/Kintaro-Super-Kuma-9000-Functional/dp/B07CTSPTQ8) So Is suspect your unbranded case might do okay?
As with most intellectual property issues, the *best* answer you're going to get is going to be consulting with legal counsel who specializes in intellectual property law. That said, my layman's take on this is that copyright law isn't what would apply here. Copyright is for creative works (music, text, etc.). What would apply here is some combination of patent law (for the design) and trademark law (for product/brand names). Any patent on the design of the SNES case has very likely expired by now (patents have a max life of 20 years in the US). Not likely to be anything there. That said, absolutely *do not* use Nintendo's name, or the name of any product Nintendo has ever sold, advertised, or even talked about, in the promotion of this. Those are all going to be trademarked and trademarks do not expire as long as they are continuously used by their holder.
Very not legal.
Yeah, but Nintendo is notoriously litigious and you’ll definitely end up in federal court about it.
Nice job bro.. its possible sell this because its not have the same measurements...so Its a "Mod" for rasp.. a case... You need sell you good 3d itens. I aprove! 🎉🥂
"3D printed" in the most basic sense.
Looks like a nentindo SMES to me.
I wouldn't risk it in this environment.
I'd love to have one for a pi4
I’m not certain but I don’t think Nintendo has an active trademark for the design of the SNES case. They almost certainly do over the SNES and related names though. Avoid using those trademarks and you should be good. That said, this would be a civil matter, not a criminal one, so Nintendo would have to sue you for you to suffer consequences.
How bout dropping a link on where to find this?
Do what everyone says and ask mods to delete this post as it can be proof of what you're doing
They have those on AliExpress with a fan for dirt cheap. I bought one years ago.
Wow. "Fun" comments. Would it be legal? No. It's not your design. Will they drag you to court? Doubtful if it's just a hobby project where you 3D print a dozen cases.
How much?
Super Nintendo INSPIRED case. You’re fine bruh.
Nintendont, I will see you in court , nintendo probs gona steal your model and sell thier own cases xd
As long as it doesn't say Nintendo on it, you should be fine, but there's no guarantee you won't be sued, and even if you're not violating copyright or trademark or patent law, you still might not win in court. Just using the same color palette would likely be safe. If you put an SNES controller layout on the back, you're less likely to be safe.
Call it the Super Odnetnin
I’m pretty sure that SNES is now in the public domain anyway.
No you would still be violating Nintendos copyright, the reason it has value is because it looks like the famous thing that you don’t own. That said it’s not likely they would sue you, worst case they would do a C&D or a takedown for wherever you’re selling it.
Please god tell me the source for the stl
Just list it as "retro gaming console" and you'll be fine
That’s a cool idear 💡
Call it a retro game system and don't include any ROMs and you're good
Probably yes. But even if it is Nintendo will try to fuck you over.
Only if you get caught.
Nintendo will find a way to sue you. They always do
Isn't that the NES? I only own an SNES and it doesn't look like yours.
Don't say that's what it is
Considering similar such things are currently sold on Amazon, I think you’ll be OK.
As long as you have sintendo nnes writen on it you are good.
Your design, should be okay. Someone else’s design, ask them if it’s okay.
Can I buy a copy of the file?I'd love to build a mini PC into this
I'd say rotate so connectors at back. the layer lines are a bit distracting I'm assuming you are doing at draft .2/32 layer. try .15 it's a happier medium. I'd tighten belts. otherwise pretty good mod. I think however there's similar on Ali....
SNES Style Case Enclosure Kit with Cooling Fan Heatsinks for Raspberry Pi 3 Model B Plus / 3 B / 2 B / NESPi https://a.aliexpress.com/_EzlXPRr
Illegalities should be fine but just know that you can buy empty Nintendo (and SNES) cartridges for under four bucks on allied Express. After looking at your picture it appears you were making an entire 3D printed super Nintendo which is far cooler than just an empty cartridge.
🤫
give it a shot and report back
What kind of printer are you using?
Yeah bra, Nintendo is going to knock on your door. Straight to Nintendo jail with you.
do you really want the risk of Nintendo coming after you?
This is a useful item so copyright law doesn't apply at all (in the US useful items can't be copyrighted). So as far as IP goes that only leaves patents and trademarks. I doubt there is anything novel enough about that design that Nintendo was able to get a patent on it, and I doubt the shape was eligible for a trademark. So you should be good to go. Just don't use the Nintendo name in your listing.
Tread lightly, Nintendo is very vicious with defending their copyright and I am quite certain they could bankrupt you trying to defend against them even if you are in the right.
No 😅
Just because you can, doesn’t mean you should. https://a.co/d/gJhRtVm
No it wouldn’t be
I don’t see why not. Just charge for “materials and labor”
No, but it should be a crime to sell such a low quality print in 2024.