Over the past year I have been creating my own program to custom make Pokémon cards. I did this by finding custom made backgrounds/symbols and combining them all to make my own version of a Pokémon card. As long as I refrain from using anything directly made by Nintendo or the Pokémon company and the customer knows that these cards are fake (it will be fairly obvious anyways) am I able to sell them without getting a cease and desist from Nintendo?
No, you cannot sell your cards. You are violating the Pokemon trademark and they will not take kindly to this.
This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.
Generally, if you create and sell counterfeit items, you may be criminally and civilly liable for trafficking in counterfeit goods.
You should discuss with an intellectual property attorney in a private consultation.
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NO! You can not legally do that. That would be blatant trademark infringement, not even close to any fair use defense.
Peace be with you, and may love guide you.
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