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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

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Tahmoh

Pretty sure this is gonna blow up in Games Workshops face if they pursue this stupid idea any further.  Would be funny to see them lose though, especially if they ended up having to start pointing out in all future products that they didnt create the term.

Sacrosanct

D&D is not an "everyone gets a ribbon" game.  If you\'re stupid, your PC will die.  If you\'re an asshole, your PC will die (probably from the other PCs).  If you\'re unlucky, your PC may die.  Point?  PC\'s die.  Get over it and roll up a new one.

Vile Traveller

That kind of crap works because places like Amazon have idiots working for them.


beeber

maybe they should claim "spehs mahreens" instead ;)

curious how this turns out.

crkrueger

Guy should start an "Anti-GW Lawsuit Kickstarter", he might make enough to buy the company.
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Yes, Sean Connery\'s thumb does indeed do megadamage. - Spinachcat

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gattsuru

Quote from: Vile;625471That kind of crap works because places like Amazon have idiots working for them.
Amazon's required by law to cooperate : they're only 'idiots' to the extent that they're trying not to get sued for millions of dollars.  There is no DMCA-equivalent trademark safe harbor provision, and as a result, online service providers must either immediately remove the source of any plausible trademark dispute or be immediately liable.  There aren't other large sellers doing any better, and for a reason.

The deeper problem is that it's ridiculously expensive to challenge or risk these sort of things, no matter how trivial.

Sacrosanct

Sounds like what's needed is a social backlash, like what happened to Applebees when they fired that girl for posting the receipt.
D&D is not an "everyone gets a ribbon" game.  If you\'re stupid, your PC will die.  If you\'re an asshole, your PC will die (probably from the other PCs).  If you\'re unlucky, your PC may die.  Point?  PC\'s die.  Get over it and roll up a new one.

Ladybird

one two FUCK YOU

Blackhand

There's a lot of GW knock offs out there, like the guys at Kromlech.

If this guy's space marines aren't the "Aliens" style and are superhuman warriors in powered armor, there might be an issue.  That's the only reason I can think that the trademark would be extended to cover this fiction.

That said, I like Kromlech.  Yet they and many other companies skirt awful close to the "direct copy" zone.

Such as Kromlech's models being made specifically for GW's games.  Bad move.
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jhkim

Let's be clear what the issue is here.  Trademarking a word isn't a claim that the word is unique and/or can never be used.  For example, "Apple" is obviously a common word, but is still trademarked for alternate purposes by Apple Records and Apple Computers, among others.  Likewise, "Barbie" was a common nickname prior to the doll franchise, but it was still considered distinctive enough for a trademark.  

The point of trademark law is to prevent copycat products that ride on the popularity of the other brand.  

Like Apple Computer, series of books sometimes have common words or phrases that are used as their marker.  Examples would include the "American Girl" franchise or "Beast Quest".  

Games Workshop has published several series of novels including Heroes of the Space Marines, Legends of the Space Marines, Victories of the Space Marines; and Treacheries of the Space Marines.  It uses a term, "Space Marines", as the marker for its series.  So Games Workshop is making the claim that someone can't publish another novel with a title like "Triumphs of the Space Marines" because it would (they claim) be riding on and diminishing their brand.  Someone could still publish the same novel with a slightly different title, however.  

Whether that is insane or not is still a judgment call, but I'm not sure people were clear on the issue.

jhkim

Quote from: Blackhand;625504If this guy's space marines aren't the "Aliens" style and are superhuman warriors in powered armor, there might be an issue.  That's the only reason I can think that the trademark would be extended to cover this fiction.
Trademark is different than character copyright.  

For trademark purposes, it doesn't matter at all what the space marines are like within the contents of the book.  The key issue is whether people might buy the book thinking that it is connected to one of the Games Workshop "Space Marines" series.

beeber

Quote from: jhkim;625524Trademark is different than character copyright.  

For trademark purposes, it doesn't matter at all what the space marines are like within the contents of the book.  The key issue is whether people might buy the book thinking that it is connected to one of the Games Workshop "Space Marines" series.

yes, "spots the space marine" just screams "FOR THE EMPEROR" :p

but indeed thanks for the clarification.  :)

Blackhand

Quote from: beeber;625529yes, "spots the space marine" just screams "FOR THE EMPEROR" :p


Actually that fits with a lot of the non-GW stories.  Almost all of them, in fact.
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