Clan emblem and copyright

[Sovyul]

I'd like to use the emblem of the Imperial Guard from Warhammer 40k, however I'm concerned if it falls under this 

Quote

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

...

c.      User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content

 

Edited July 25, 2016 by Sovyul

[polarity]

After a quick google search I've found Warframe clans already using the following in their emblems:

• An MLP style pony.
• The stylised 'A' from Assassin's Creed.
• The Umbrella Corporation logo from Resident Evil.
• The text 'Metal Gear'.
• Deadpool's mask.

This falls within fair use or parody, so is not an infringement, and you do have the right to publish your own versions, in the same way as someone including variations of a company logo in works they post to deviantart, so the trademark holders are unlikely to bother making any complaints, as they simply would not win in court.  Most 'reasonable persons' would realise that the trademarked logo is not being used in connection with the parent company.

Hasbro and Sanrio in particular are known for protecting their trademarks, but that didn't stop Eve Online's chat from being filled with links to images of ponies, or from people creating images of Eve ships like this, and posting them to the forums:

And let's not forget this character owned by Disney appearing in Guildwars 2:

The section you quoted from the ToS/EULA is more about things like people embedding full, uncut copies of films to the forums, or links to pirated software.

Edited July 25, 2016 by polarity

[Ambiroa]

Short and only answer: yes. It falls under "...may infringe..." and DE will take no risks. The emblem itself might not be copyright similar as a brand mark, but it's a graphic that is distinguishable and highly recognizable to the point that most people instantly know where it's from. 

[RacerDelux]

I would recommend creating your own. You can base it off that emblem, and as long as it is a creation of your own, and is reasonably different, you should have no issues.

[ArchangelusAlpharius]

That isn't the Imperial guard emblem...That's the Imperial Aquila, the personal symbol of the God Emperor and the Imperium as a whole.

The Astra Militarum uses a modified Aquila with a skull.

To answer your question...The Aquila is kinda public domain...though you might want to modify it to suit your needs. Winged Skulls have historical significance as well, so as long as you modify it slightly all is good.

Its been used since up to 2000 BC...

Edited July 25, 2016 by ArchangelusAlpharius

[(XBOX)Twinna25]

Be warned that Games Workshop is notorious for spamming DCMAs against people however.

[ArchangelusAlpharius]

5 minutes ago, (XB1)Twinna25 said:

Be warned that Games Workshop is notorious for spamming DCMAs against people however.

I also doubt any of their employees play Warframe, considering how backwards and antiquated and stupid $&*&*#(%& GW is these days. Bring back the glorious days of the 80s and 90s when GW had imagination, and Rogue Trader was still alive and well.

Edited July 25, 2016 by ArchangelusAlpharius

[WrathAscending]

37 minutes ago, (XB1)Twinna25 said:

Be warned that Games Workshop is notorious for spamming DCMAs against people however.

Yeah, I was going to say this.

Using a 40K logo or tracing one would be a great way to run afoul of their legal eagles. Forgive the pun.

But eagles, even two-headed ones, have a long history with heraldry. Creating something based on those is easy enough for me to do and I have terrible artistic skills and vision.

[zeroth0x]

First emblem I submitted was a minimalistic logo of a Hyrule shield and got rejected.

 

If I had to guess, I would say they will reject it and you will waste 150 plat :P