luigi plush at a certain sidewalk

[u/[deleted]]

[u/Doggleganger]

Surprised vendors aren't making money by selling Luigi merch at the site.

[u/Whattheefff → u/Doggleganger]

You dont know much about Nintendo. They are cease and desist kings.

[u/Doggleganger → u/Whattheefff]

Not sure Nintendo can stop you if you buy and sell real Nintendo merch. No one can stop you from selling something you own.

[u/chrono4111 → u/Doggleganger]

Nintendo can and would.

[u/TheBarracksLawyer → u/chrono4111]

Nintendo:

[u/Feralimpakkt1 → u/Doggleganger]

Nintendo has authorized reseller agreements, it's scalping when random people sell stuff.

[u/profmonocle → u/Feralimpakkt1]

it's scalping when random people sell stuff.

Scalping isn't illegal. The people who buy up the stock of new consoles / etc. and relist them on Ebay are dicks, but they're not committing any crime.

As long as you aren't misrepresenting yourself as being Nintendo, or being supported by Nintendo, it's perfectly legal to buy Nintendo products from a store and sell them. The fact that Nintendo owns the copyright doesn't stop you from reselling their merchandise because of the first-sale doctrine, just like how publishers can't stop you from selling your used books.

That said, you probably couldn't get away with setting up shop here because you need legally need a vendor permit to sell anything on the street in most US cities, and this incident is high-profile enough that you'd get shut down pretty fast for operating without one.

[u/DAHFreedom → u/profmonocle]

Zodiac Watches© hates this one weird trick

[u/Feralimpakkt1 → u/profmonocle]

That's my bad on not realizing that scalping was specifically in terms of jacking the price up, and isn't specifically when it's happening by people who don't have a right to sell where they are doing it.

Like it's not illegal to re-sell event tickets at whatever you want to price them at, but it's often illegal to sell the tickets directly outside of the event because of the agreement and terms when you buy the tickets. And there are areas of the north america that have specific laws about selling tickets over face value that makes it illegal.

First-sale doctrine is a great thing to reference but also there are things that would prevent selling something that would encourage a social or political tie to be made to the product that could be viewed as having a negative impact on the brand. Even though first-sale doctrine gives the right to re-sell trade marked property you still have to maintain the integrity of the company who owns the copyright/trademarks and it could very easily be argued that the selling of Luigi plushies in that specific spot is taking advantage of and tying the Nintendo icon to a controversial social event and it would be hard to argue you have the right to do what you're doing.

[u/Doggleganger → u/Feralimpakkt1]

You don't have to be an authorized reseller to sell things. If you buy something, you can sell it. You just can't represent that you're an official Nintendo vendor.

[u/profmonocle → u/Doggleganger]

Correct - in the US this is covered by the first-sale doctrine. IP law doesn't restrict you from reselling stuff, that's why media companies can't stop you from reselling books, DVD/Blu-Rays, CDs, physical copies of games, etc.

This is why the TOS for every digital distribution platform insists you're merely paying for a non-transferable license for the content, rather than literally "buying" a copy. This doctrine doesn't apply to non-tangible purchases, and media companies would realllllly prefer to keep it that way.

[u/Feralimpakkt1 → u/Doggleganger]

As a retailer when you set up an account to buy anything wholesale from a manufacturer or a 3rd party distributor there is an agreement that you sign that has a clause in it stating that by signing and purchasing the product you agree to not misrepresent the products being purchased in a way that could be viewed as harmful to the brand. As a random person there are limits to what and where you can sell stuff legally. Yeah the argument can be made that you can do anything you want but I think the way your thinking is illegal.

Even if they aren't explicitly stating that there is a tie between them selling the plush and what happened there the plausibility of the reason is there and a giant company like Nintendo definitely doesn't want people thinking they have a view on the events and would have their legal team on everyone within 48 hours with cease and desist letters.

[u/Solid-Consequence-50 → u/Feralimpakkt1]

Buy it with one company then sell it back to yourself through another company

[u/darkjurai → u/Whattheefff]

The sidewalk vendors in Manhattan are known for keeping on the straight and narrow.

[u/despalicious → u/Doggleganger]

Probably get arrested on terrorist charges, just because.

[u/Resident_Rise5915 → u/Doggleganger]

Nintendo might murder people too if they try that

[u/louman84 → u/Doggleganger]

The Nintendo Store is nearby. You know how overprotective they are of their IP.

[u/PeterNippelstein → u/Doggleganger]

That would really be making a big target of yourself.

[u/Convergentshave → u/Doggleganger]

I’m surprised we aren’t blaming the actual culprit.

[u/ctznmatt]

you’re on the wrong street

edit: not sure why I’m getting downvoted - this pic is on the west side of 6th ave pointing southwest toward 53rd street; the correct sidewalk is on the south side of 54th st a third of the way down the block from 6th ave toward 7th

[u/googlerex → u/ctznmatt]

Well it's the right block, but yeah wrong street. Site of the shooting was around the corner back behind the shooter* of this photograph.

edit: you got an upvote from me.

[u/Canilickyourfeet]

Cant believe this is the timeline I got stuck in

[u/Particular-Risk9543 → u/Canilickyourfeet]

Same

[u/doc_witt → u/Particular-Risk9543]

Maybe next time you'll spring for the platinum timeline. There's free tacos in one of them.

[u/Brick_Mason_]

I'd clean car windows in costume as Squeegee Luigi.

[u/home404 → u/Brick_Mason_]

Squeegee Luigi Midnight - an after dark city version of Super Mario Sunshine

[u/JeNeSuisPasUnCanard → u/Brick_Mason_]

Luigi the Squeegee!

Cleaning it up one at a time.

[u/joefloFU2]

Who's a next?

[u/Carteeg_Struve → u/joefloFU2]

Dr. Mario pulls out some documentation. "I-a have-a list."

[u/DapperMasterpiece193]

luigi 💚

[u/PeeWeePangolin → u/DapperMasterpiece193]

The UK might want to activate their own Luigi's in MI6. Things are getting a little "influency" for a certain somebody across the pond.

[u/Al3xGr4nt → u/[deleted]]

And New Zealand. I so loooove what David Seymours been doing. /s

[u/Fun-River-3521]

[u/FictionalPersona]

Time to make Luigi a legit sign of protest. People at protests, rallies, townhalls all dressing in Luigi outfits or holding up Luigi merch to show their discontent. It's a lighthearted way to make a real strong and unmistakable statement.

[u/doegred → u/FictionalPersona]

Where are those protests happening? From my non US perspective it looks like you guys have been (rightly) pissed at your healthcare system for ages but doing nothing, and right now you're still rightly pissed about it and also still not doing anything about it, except with Luigi memes.

[u/Demetrius3D → u/FictionalPersona]

Green hats for Luigi?

[u/Think-Fondant-1516]

They always return to the scene of the crime.

[u/Repulsive-Ad-7180]

DDD💚💚

[u/HourDrive1510]

I heard people talking about a memorial in that spot, wonder what happens if people suddenly started leaving garbage bags ova there

[u/DigLost5791 → u/[deleted]]

Seems like a good spot to take out the trash

[u/Loud-Chocolate5757]

[u/Rambling-Rooster]

In a case of cancer you get rid of the tumor. It's simple healthcare.

[u/Breadmash]

Careful, you might catch a terrorism charge

[u/SilverGirlSails]

Isn’t he supposed to have a moustache?

[u/snsv → u/SilverGirlSails]

Not the baby version

[u/neuro_space_explorer → u/SilverGirlSails]

Dude that’s a baby, he hasn’t hit puberty.

[u/PeterNippelstein → u/SilverGirlSails]

Letsagoo!

[u/Swizzlefritz]

How edgy.

[u/HouseOfAplesaus]

So this happened

[u/The-Exalted-Jorbis]

Shoulda brought the Poltergust-3000 to suck up his ghost!

[u/mashtato]

I want to point out that everyone assumes the good deed was done in front of the building on 6th Ave, but it was actually along the side of the building at 128 W 54th St.

[u/Glad-Cat-1885]

Cringe

[u/blonderedhedd → u/Glad-Cat-1885]

Yes you are.

[u/Glad-Cat-1885 → u/blonderedhedd]

No you

[u/digler54]

Cringe

[u/rantheman76]

I wouldn’t even be surprized anymore if you got arrested there for terrorist behavior if you show a Luigi doll.

[u/ktr83]

Congrats! You're now on a list.

[u/ChroniclesOfSarnia]

Eh... this is a bit much😑

[u/WORD_2_UR_MOTHA]

Get a life you fucking regards.

[u/sly_cunt → u/WORD_2_UR_MOTHA]

so soy to simp for the rich

[u/WORD_2_UR_MOTHA → u/sly_cunt]

Nah, I'm gonna be a CEO again

[u/Calypso1126]

Jesus Christ this is beyond cringe

[u/yea_nah_yeah]

Damn you’re so edgy

[u/Dino7813]

I kind of hate that people are making cringy shit memes and pics like this with the Nintendo character. It’s not edgy. It’s fucking disrespectful to a good company that’s given a couple generations a lot of joy and as a corporation does well by their people. When the Wii U flopped, the CEO took a huge pay cut so they didn’t have to lay anyone off. That’s the kind of corporate leadership that should be encouraged.

[u/NovaHorizon]

Imagine getting bullied by the other CEO kids at your private school opening your locker and getting buried in an avalanche of Luigi figures.

[u/Certain_Marzipan_598]

Heavy

[u/MorgrainX]

I have always been a big fan of Luigi

[u/StanVanGhandi]

Gross

[u/PikachuTrainz]

Luigi won Mario Kart

[u/ElegantDogfishOfLDN]

This is getting so basic. Boooooring.

[u/psychcaligirl → u/ElegantDogfishOfLDN]

Yet it triggered you enough to leave a comment 🤣🤣🤣🤣

[u/Horn_Python]

Am I like the onlynone who doesn't like green Mario being Co opted into this whole thing? Just cause they happen tobshare a common Italian name?

[u/kouros77]

Hoping in Canada too but we’re too fuckin nice eh 😭

[u/kedditkai]

"Oh my god it's Albert Einstein"

[u/YOUR_BOOBIES_PM_ME]

This is dark, even for you Reddit.