A deeper look at the EDGE trademark dispute

Discussion in 'General Game Discussion and Questions' started by dudehuge, May 29, 2009.

  1. florendas

    florendas Well-Known Member

    May 1, 2009
    146
    0
    0
  2. qasim

    qasim Well-Known Member

    Apr 21, 2009
    1,070
    0
    0
    USA
    wow what the frick. i feel so bad
     
  3. worldcup1100

    worldcup1100 Well-Known Member

    Feb 2, 2009
    1,446
    24
    0
  4. HA!

    "Under Section 5(2)(b) the Hearing Officer had to consider the clash between the opponents’ EDGE marks, and the applicants’ marks SOULEDGE. The applicants goods in Classes 9 and 28 were the same as or similar to the opponents’ goods in Class 9, he decided. The marks were not similar, he thought, but he went on to consider the distinctive character of the opponents’ mark and its reputation. Having done so he decided that there was no likelihood of confusion. The Section 5(2)(b) ground failed accordingly."

    Suck it, Langdell.

    Now, this isn't necessarily good news for MobiGames. The character and reputation of the supposedly clashing marks was the primary reason for having the opposition dismissed, in this case because Namco is a heavyweight whose reputation precedes them. Their reputation, and that of the mark in question, are distinctive and well-known enough that there is not likely to be any confusion between the two, as it has established itself well enough that it has earned its distinction.

    MobiGames is on shakier ground, being A) not as well-established, thus B) not having the same degree of reputation because C) neither MobiGames nor Edge have been around long enough to establish themselves to a degree that removes any potential for confusion. Furthermore, the Mobi's Edge mark is not as distinctive as Namco's Soul Edge, being that it is merely the one word, which is very similar to Langdell's The Edge.

    There's one thing that this decision does do though, and that is show that Langdell's "dilligent" policing of his mark can and will fall flat on its face if he ventures too far afield with it. So far he's relied on others just settling without challenging the opposition, which is as much as an admission of guilt. (This isn't a legal proceeding, though, so maybe that's a poor analogy, but my point should be clear.) Namco stood up for themselves though, and Langdell was told to knock it off, so that's something anyway. I wouldn't go so far as to say it's precedent-setting, but it does provide some proof that he can be put in his place.
     
  5. Mothlight

    Mothlight New Member

    Jul 13, 2009
    1
    1
    0
    I didn't feel comfortable creating a new post to advertise a news piece on another iPhone-related site, but we've posted an update on the Edge situation, which is probably more dire than most had believed.
     
  6. starjimstar

    starjimstar Well-Known Member

    Sep 28, 2008
    2,799
    1
    0
    Entrepreneur
    Canada
    oh dear me
     
  7. monkeys37

    monkeys37 Well-Known Member

    May 28, 2009
    75
    0
    0
    Austin, TX
    If ever anyone needed to die in a fire...
     
  8. ENERTRON

    ENERTRON Well-Known Member

    Jun 25, 2009
    113
    0
    0
    it would be hilarious if some old oil tycoon would show up with a pre-existing copyright for the words "tim langdell" and sue his ass for existing
     
  9. Der-Kleine

    Der-Kleine Well-Known Member

    That would be reeeeeally funny! :p
    But verry unlikely. :(
     
  10. McJaws

    McJaws Active Member

    Jun 23, 2009
    26
    0
    0
  11. Der-Kleine

    Der-Kleine Well-Known Member

  12. Adams Immersive

    Adams Immersive Well-Known Member
    Patreon Bronze

    Dec 5, 2008
    1,718
    5
    38
    Freelance interactive design and programming
    Ohio
    Not seeing it yet (US) but I'll keep checking--and this time I'm buying!
     
  13. McJaws

    McJaws Active Member

    Jun 23, 2009
    26
    0
    0
    Ahhh true i got it in Canada, last i heard and understood it was removed completely
     
  14. pluto6

    pluto6 Well-Known Member

    Jun 21, 2009
    5,837
    3
    38
    Military
  15. Brazilian Rider

    Brazilian Rider Well-Known Member

    Mar 6, 2009
    3,276
    1
    0
  16. HardcoreEricXXX

    HardcoreEricXXX Well-Known Member

    Nov 29, 2008
    1,045
    3
    0
    Virginia
  17. HardcoreEricXXX

    HardcoreEricXXX Well-Known Member

    Nov 29, 2008
    1,045
    3
    0
    Virginia
    That's some nice grassroots politicking right there.
     
  18. upsidedown

    upsidedown Well-Known Member

    Jun 10, 2009
    1,532
    25
    0
    #79 upsidedown, Aug 31, 2009
    Last edited: Aug 31, 2009
    Yeah its awesome, isn't it!
     
  19. MidianGTX

    MidianGTX Well-Known Member

    Jun 16, 2009
    3,738
    10
    38
    Werd. Now let's take his family!
     

Share This Page