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Old 02-07-2013, 06:11 PM   #1 (permalink)
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Games Workshop says you can't write about "Space Marines" anymore

If you like writing science fiction, you'd better start trademarking everything you can think of. Yes ... even prior art. I mentioned this briefly over in my boycott thread, but this is dastardly enough where it needs its own thread. Boardgame company Games Workshop has trademarked the term "Space Marine" and managed to get a book yanked from Amazon for using the phrase.

https://www.techdirt.com/articles/20...ticipant.shtml

The Popehat Signal: Help An Author Against A Bogus Trademark Claim | Popehat

Space Marines and the Battle of Tradem Ark

This is particularly troubling because it means a corporations can start plucking common sci-fi tropes from our collective literature and, basically, forbid anybody from writing about it thereafter.


Soooo ... Has anybody gobbled up "Space Ship" yet? Or "Laser gun?" GET TO IT! There's money in them thar hills so let's start trademarking (or boycotting this company and writing our legislators for IP reform because this shit isn't promoting innovation)
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Old 02-07-2013, 06:37 PM   #2 (permalink)
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Early use of the term "Space Marines":



The magazine rights are now owned by toy company Hasbro. Story rights depend on terms between the author and magazine.

(By the way, note the use of flat screens - in 1936, as well as "seat belts', a technology the Federation has failed to adopt in the 24th century)

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Old 02-07-2013, 06:54 PM   #3 (permalink)
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Grendel's has(had? not sure if it's still out for sale) a Space Marine avatar, I thought it sounded familiar so looked in my inventory. I think I've finally found a use for the status thing here, but will probably have a new avatar pic later too :->

In the comments there's mention of Chicago Public Media engaging in the same behavior

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Late last year, just before the elections, sex worker and activist Siouxsie Q began producing a podcast in the living room of her apartment called This American Whore. This January, she started to get e-mails from lawyers representing Chicago Public Media and Ira Glass, demanding that she change the name of her podcast or face legal action.
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Old 02-07-2013, 06:59 PM   #4 (permalink)
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Notice they also have spiffy epaulets and hats! Technology long lost to the UFP....
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Old 02-07-2013, 07:31 PM   #5 (permalink)
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Someone dig RAH up and tell him to change his books!
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Old 02-07-2013, 07:35 PM   #6 (permalink)
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I'm gonna start trademarking / copyright the word "the".
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Old 02-07-2013, 07:39 PM   #7 (permalink)
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I'm gonna start trademarking / copyright the word "the".
The The might have the jump on that.
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Old 02-07-2013, 07:44 PM   #8 (permalink)
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The The might have the jump on that.
... damn ...
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Old 02-07-2013, 08:17 PM   #9 (permalink)
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God damn it GW.
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Old 02-07-2013, 08:46 PM   #10 (permalink)
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/me trademarks breathing and sues every living animal on earth.

Choke on it suckers!
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Old 02-07-2013, 08:57 PM   #11 (permalink)
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Someone dig RAH up and tell him to change his books!
Zombie Heinlein Uses Flame Attack.
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Old 02-07-2013, 09:30 PM   #12 (permalink)
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/me trademarks breathing and sues every living animal on earth.

Choke on it suckers!
Infringing on my patent for O2 distribution/CO2 removal via a circulatory system, hmm?
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Old 02-07-2013, 11:41 PM   #13 (permalink)
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Infringing on my patent for O2 distribution/CO2 removal via a circulatory system, hmm?
Hah, you're both infringing on my patent for aerobic metabolism by oxidation of carbohydrates, lipids, and/or proteins. All your mitochondria are belong to us!
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Old 02-08-2013, 12:29 AM   #14 (permalink)
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(trademarks the act of rubbing ones hand up and down or in and out the genital region of a human body) .. becomes a instant zillionaire
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Old 02-08-2013, 05:40 AM   #15 (permalink)
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Grendel's has(had? not sure if it's still out for sale) a Space Marine avatar, I thought it sounded familiar so looked in my inventory. I think I've finally found a use for the status thing here, but will probably have a new avatar pic later too :->

In the comments there's mention of Chicago Public Media engaging in the same behavior
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Old 02-08-2013, 06:19 AM   #16 (permalink)
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Amazon done screwed up. Games Workshop has the trademark for "board games, parlor games, war games, hobby games, toy models and miniatures of buildings, scenery, figures, automobiles, vehicles, planes, trains and card games and paint, sold therewith" but not novels.

United States Patent & Trademark Office
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Old 02-08-2013, 06:31 AM   #17 (permalink)
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Awwww NUTS!

http://tess2.uspto.gov/bin/showfield...10:91y47k.2.21
Trademark Electronic Search System (TESS)

Word Mark SECOND LIFE
Goods and Services IC 009. US 021 023 026 036 038. G & S: Entertainment software, namely, software that is used for providing multi-player access to an on-line game environment; computer game software; video game software; virtual reality game software; interactive video games comprised of computer hardware and software; computer graphics software. FIRST USE: 20021025. FIRST USE IN COMMERCE: 20021025
IC 038. US 100 101 104. G & S: Communication services in the nature of text messaging and electronic mail services used in playing on-line computer games. FIRST USE: 20021025. FIRST USE IN COMMERCE: 20021025

IC 041. US 100 101 107. G & S: Entertainment services, namely, providing an on-line computer game by means of communications networks; entertainment services in the nature of providing an on-line multi-player electronic computer game; entertainment services, namely, providing an on-line computer game that may be accessed by means of communications networks; multimedia entertainment software production services. FIRST USE: 20021025. FIRST USE IN COMMERCE: 20021025

Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 02.11.02 - Eyes, human; Human eyes; Iris (eye)
02.11.07 - Arms; Fingers; Hands; Human hands, fingers, arms
Serial Number 78223156
Filing Date March 7, 2003
Current Basis 1A
Original Filing Basis 1A
Published for Opposition November 18, 2003
Registration Number 2813096
International Registration Number 0920817
Registration Date February 10, 2004
Owner (REGISTRANT) Linden Research, Inc. CORPORATION DELAWARE 945 Battery Street San Francisco CALIFORNIA 94111
Attorney of Record Bobby A. Ghajar and James R. Cady
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
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Old 02-08-2013, 07:00 AM   #18 (permalink)
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Old 02-08-2013, 12:56 PM   #19 (permalink)
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I have a trademark on "cease-and-desist" letters used to shake down regular folks with frivolous trademark claims. I win.
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Old 02-08-2013, 01:17 PM   #20 (permalink)
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I don't know enough about trademark law to know whether the case is as cut-and-dry as the articles make it out to be. If it is that cut-and-dry, Hogarth should file a bar complaint against the attorneys threatening the lawsuit. Every state has a a rule of professional responsibility prohibiting lawyers from threatening frivolous lawsuits. Filing a bar complaint is free.
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Old 02-08-2013, 01:28 PM   #21 (permalink)
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I don't know enough about trademark law to know whether the case is as cut-and-dry as the articles make it out to be. If it is that cut-and-dry, Hogarth should file a bar complaint against the attorneys threatening the lawsuit. Every state has a a rule of professional responsibility prohibiting lawyers from threatening frivolous lawsuits. Filing a bar complaint is free.
Maybe. I'm not sure how it works either but I don't think this would get GW's lawyers in trouble with the bar. They're making an interpretation of the law and writing letters about it. Lawyers are wrong about their interpretations all the time (in fact, they're wrong in 50% of all cases that goes to trial ... right?)

Maybe they could get in hot water for using the DMCA for trademarks? I've heard some people throw around the word perjury.

Where are SLU's lawyers?!
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Old 02-08-2013, 01:49 PM   #22 (permalink)
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Maybe. I'm not sure how it works either but I don't think this would get GW's lawyers in trouble with the bar. They're making an interpretation of the law and writing letters about it. Lawyers are wrong about their interpretations all the time (in fact, they're wrong in 50% of all cases that goes to trial ... right?)
They would not be disciplined for being wrong, or for having only a thin chance to succeed- it would have to be such a bad claim that it does not pass the laugh test. Based on the articles, it looks like a case that does not pass the laugh test.

ETA: And there is no real downside for her to try. In defending her complaint, GW would have to actually assert the merits of their claim, which at least gives her more insight as to what they would argue at trial. Even if the bar association denies her claim, their written denial of her claim could nevertheless be bad PR for Games Workshop. Imagine, "Even though the claim that Games Workshop attorneys assert is weak and very likely to fail at trial, nevertheless it falls just short of being frivolous."

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Old 02-08-2013, 02:06 PM   #23 (permalink)
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Well, I thinks he's getting help from the EFF. So maybe that will be one of their avenues of attack. Let's hope.
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Old 02-08-2013, 02:25 PM   #24 (permalink)
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Boardgame company Games Workshop has trademarked the term "Space Marine" and managed to get a book yanked from Amazon for using the phrase. ...
This certainly is good news for law schools that specialize in cranking out patent/trademark/copyright attorneys....FULL STEAM AHEAD!!!!


Seriously, yes, boycott Games Workshop. Amazon deserves plenty o' bad press for their decision, too, and I hope they get it.
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Old 02-08-2013, 04:47 PM   #25 (permalink)
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Originally Posted by Aimee Weber View Post
If you like writing science fiction, you'd better start trademarking everything you can think of. Yes ... even prior art. I mentioned this briefly over in my boycott thread, but this is dastardly enough where it needs its own thread. Boardgame company Games Workshop has trademarked the term "Space Marine" and managed to get a book yanked from Amazon for using the phrase.

https://www.techdirt.com/articles/20...ticipant.shtml

The Popehat Signal: Help An Author Against A Bogus Trademark Claim | Popehat

Space Marines and the Battle of Tradem Ark

This is particularly troubling because it means a corporations can start plucking common sci-fi tropes from our collective literature and, basically, forbid anybody from writing about it thereafter.


Soooo ... Has anybody gobbled up "Space Ship" yet? Or "Laser gun?" GET TO IT! There's money in them thar hills so let's start trademarking (or boycotting this company and writing our legislators for IP reform because this shit isn't promoting innovation)
According to one of the links you supplied, the e-book is back up for sale as of the 8th. No explanations given but it seems reasonableness does win out in the end.
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