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"Space Marine" is claimed as IP now by Games Workshop

Started by Punch and Pie, February 06, 2013, 08:55:16 AM

Previous topic - Next topic

Doctor Jest

Quote from: CRKrueger;627737Space Marine Battles - specifically trademarked.

Heroes of the Space Marines - specifically not trademarked
Legends of the Space Marines - specifically not trademarked
Victories of the Space Marines - specifically not trademarked
Treacheries of the Space Marines - specifically not trademarked

Incorrect. They're trademarked. They're not Registered as trademarks. There is a difference. Trademarks do not need to be registered to be enforceable.

Anywhere you see a "TM" after something is someone claiming an unregistered trademark, what GW is calling a Common Law trademark.

Doctor Jest

#106
Quote from: jhkim;628139Even if you ignore all the technical distinctions, the point is that this is how every other company operates with regard to their trademarks.  Trademark in the title applies regardless of whether you are ripping off the content.  

You're going off on a crusade against this one company - when all the other companies around it is doing the same or worse.  

This.

The problem is the entire system of IP law as it stands today. Copyrights were meant to be temporary protections for creators to be fairly paid for their works and they're now perpetual monopolies held by major corporations.

Trademarks were meant to be brand identities to protect consumers from knock offs or frauds, but what is and is not infringement is excessively vague in the law as written, and the government puts the burden of enforcement on the mark holder, who, even if well meaning, may become too aggressive because they don't know how far is far enough to placate the government's requirements.

Patents were meant to ensure inventors didn't get their inventions stolen from them, but now Patent Trolls register extremely vague or broad patents so they can sue all and sundry and get fat settlements because hardly anyone wants to endure the expense of defending themselves.

All around these laws were supposed to protect The Little Guy and they've all evolved to be ways to squash The Little Guy.

Unfortunately modern IP laws have been written by the big corporations and passed by their shills in the legislature. There's BILLIONS of dollars tied up in this whole screwed up and perverted branch of law. Or "Branches" since Copyright and Patent/Trademark are actually two entirely different branches of law even though that makes no sense.

The time to stand against "Hitler" was 1978 when copyrights were extended to almost forever and in 1998 when the DMCA was penned by the RIAA and rubber-stamped into law. Having failed to take stands in those key decisions means that they've since run slip-shod over us and will continue to do so.

The whole damn system is broken.

APN

Has anyone played/seen/owned/mentioned this:



Copyright 1980, FGU. Probably predates Games Workshops Space Marine stuff by what, 10 years? More?

Woe betide anyone for naming something similar to a GW IP, but if they are doing it? Well, that's ok then.

S'mon

So, I teach IP law, FWIW. GW had no sort of valid claim, their complaint to amazon was spurious and vexatious. Their claim to have a 'common law trade mark in Space Marine' was groundless (because Space Marine is a generic descriptor, it cannot serve as a badge of product origin), as was their complaint vs the author, even if they did have such a right.
But complaint-trolls like GW will always be around. The real problem was amazon refusing to look at the troll-complaint when the victim objected, see that it was groundless, and put the book back up - until the EFF got involved.

crkrueger

Quote from: Doctor Jest;628563Incorrect. They're trademarked. They're not Registered as trademarks. There is a difference. Trademarks do not need to be registered to be enforceable.

Anywhere you see a "TM" after something is someone claiming an unregistered trademark, what GW is calling a Common Law trademark.

Except they don't have TM after them on the covers I've seen, only the Space Marine Battles™ has that.
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thedungeondelver

Quote from: APN;628760Has anyone played/seen/owned/mentioned this:



Copyright 1980, FGU. Probably predates Games Workshops Space Marine stuff by what, 10 years? More?

Woe betide anyone for naming something similar to a GW IP, but if they are doing it? Well, that's ok then.

I own a copy.  Have wanted a copy since my sister's asshole boyfriend showed me a copy back in the day, bought it.  No mention of GW anywhere on it.
THE DELVERS DUNGEON


Mcbobbo sums it up nicely.

Quote
Astrophysicists are reassessing Einsteinian relativity because the 28 billion l