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Space Marines are bad, mkay?

Author
Davith en Divalone
Aliastra
Gallente Federation
#41 - 2013-02-19 04:31:04 UTC
Darvaleth Sigma wrote:


Really? What about "Death Star"?


Currently a dead trademark according to the USPTO, except as a translation for some tequilas. The dead trademark filed by 20th Century Fox in 1978 only applied to board game equipment.

The trademarks filed by Games Workshop in the United States only apply to games, toys, models, and paint.
Super spikinator
Hegemonous Conscripts
#42 - 2013-02-19 08:02:11 UTC
in b4 OOPE

Not as bad as the fact that Superhero is trademarked and held by Marvel and DC. That is Superhero, Super Hero, Super-Hero, etc.

GW does have a strong case that they own a trademark on Space Marine. And they do need to pursue this otherwise the case will be used to errode their Trademark in all areas they use it, which they don't particularly want.
Inxentas Ultramar
Ultramar Independent Contracting
#43 - 2013-02-19 13:08:50 UTC
As a long-term Warhammer 40.000 player, I still think GW is being very silly. I expected better of them.
Jame Jarl Retief
Deep Core Mining Inc.
Caldari State
#44 - 2013-02-19 13:41:32 UTC
Well, you can't have it both ways.

Either greed is good, and thus anything Games Workshop has claimed can't be used without their permission, or everything is fair and everything belongs to the people and we're heading into the bright communist future. Take your pick, because you can't have both.

ITTigerClawIK
Galactic Rangers
#45 - 2013-02-19 13:44:58 UTC
Space marine just means a marine... in space, im sure folks will start calling marines that are based in space somewhere in the not to distant future will be called space marines, just maybe not in fancy 3-4cm thick power armor lol :-P
De'Veldrin
Republic University
Minmatar Republic
#46 - 2013-02-19 14:32:22 UTC  |  Edited by: De'Veldrin
This reminds of the sue happy era that happened at TSR (former maker of the Dungeons and Dragons line) in the late 80's early 90's. The company changed ownership and decided to get crazy suing fans of the game for releasing ANY fan based material even loosely based on the game.

Then they got sued by the Tolkien estate for lifting some of their IP for one of their expansions and that pretty much shut them up for a while.

I could understand if the author had marketed her book as being about the GW brand space marines, or based in that world, or used more of their terminology - trademarks are intended to protect again brand dilution or confusion among consumers. This case clearly has none of those markers, and I doubt seriously that GW will pursue it any further. But that's just my opinion.

(Also, no, not a lawyer, before anyone asks, but I have published a couple of books, so I do have some basic knowledge of IP laws - you have to these days, if you plan to write a book or anything else, just to be able to defend against this kind of stupid).

De'Veldrin's Corollary (to Malcanis' Law): Any idea that seeks to limit the ability of a large nullsec bloc to do something in the name of allowing more small groups into sov null will inevitably make it that much harder for small groups to enter sov null.

Nuela
WoT Misfits
#47 - 2013-02-19 14:49:08 UTC  |  Edited by: Nuela
De'Veldrin wrote:
This reminds of the sue happy era that happened at TSR (former maker of the Dungeons and Dragons line) in the late 80's early 90's. The company changed ownership and decided to get crazy suing fans of the game for releasing ANY fan based material even loosely based on the game.

Then they got sued by the Tolkien estate for lifting some of their IP for one of their expansions and that pretty much shut them up for a while.

I could understand if the author had marketed her book as being about the GW brand space marines, or based in that world, or used more of their terminology - trademarks are intended to protect again brand dilution or confusion among consumers. This case clearly has none of those markers, and I doubt seriously that GW will pursue it any further. But that's just my opinion.

(Also, no, not a lawyer, before anyone asks, but I have published a couple of books, so I do have some basic knowledge of IP laws - you have to these days, if you plan to write a book or anything else, just to be able to defend against this kind of stupid).



Yup.

It got so bad that the Tolkien estate tried to forbid them to us e the word 'ring'.

In TSR's Magazine (The Dragon) there was a comic strip about this showing TSR's office and people saying things like:

"Would somebody answe the phone...it's metallic circular banding"

"I just got engaged! Come see my engagement metallic circular band!"

This actually happened in late 70's/early 80's. TSR getting sue happy happened about when you said.

"Doctor says I have Tinitis...it's metallic circular banding in the ears"

You get the idea :)
Davith en Divalone
Aliastra
Gallente Federation
#48 - 2013-02-19 14:51:34 UTC
Jame Jarl Retief wrote:
Well, you can't have it both ways.

Either greed is good, and thus anything Games Workshop has claimed can't be used without their permission, or everything is fair and everything belongs to the people and we're heading into the bright communist future. Take your pick, because you can't have both.


The common-sense middle ground between these two alternatives is to recognize that trademarks serve to prevent confusion and fraud within a specific market for a specific class of products. Perpetual or universal government-granted monopolies serve to suppress free-market dynamics as well.
De'Veldrin
Republic University
Minmatar Republic
#49 - 2013-02-19 14:56:51 UTC
Nuela wrote:
De'Veldrin wrote:
This reminds of the sue happy era that happened at TSR (former maker of the Dungeons and Dragons line) in the late 80's early 90's. The company changed ownership and decided to get crazy suing fans of the game for releasing ANY fan based material even loosely based on the game.

Then they got sued by the Tolkien estate for lifting some of their IP for one of their expansions and that pretty much shut them up for a while.

I could understand if the author had marketed her book as being about the GW brand space marines, or based in that world, or used more of their terminology - trademarks are intended to protect again brand dilution or confusion among consumers. This case clearly has none of those markers, and I doubt seriously that GW will pursue it any further. But that's just my opinion.

(Also, no, not a lawyer, before anyone asks, but I have published a couple of books, so I do have some basic knowledge of IP laws - you have to these days, if you plan to write a book or anything else, just to be able to defend against this kind of stupid).



Yup.

It got so bad that the Tolkien estate tried to forbid them to us e the word 'ring'.

In TSR's Magazine (The Dragon) there was a comic strip about this showing TSR's office and people saying things like:

"Would somebody answe the phone...it's metallic circular banding"

"I just got engaged! Come see my engagement metallic circular band!"

This actually happened in late 70's/early 80's. TSR getting sue happy happened about when you said.

"Doctor says I have Tinitis...it's metallic circular banding in the ears"

You get the idea :)


Thanks for the correction. Glad I'm not the only one that remembers those dark days.

De'Veldrin's Corollary (to Malcanis' Law): Any idea that seeks to limit the ability of a large nullsec bloc to do something in the name of allowing more small groups into sov null will inevitably make it that much harder for small groups to enter sov null.

Maxpie
MUSE LLP
#50 - 2013-02-19 16:33:19 UTC
If Tolkien (or his estate or whomever) had taken this attitude, they probably would have had to set up special courts just to handle all the cases.

No good deed goes unpunished

Fredfredbug4
The Scope
Gallente Federation
#51 - 2013-02-19 16:44:23 UTC  |  Edited by: Fredfredbug4
Well the Amarr Empire is basically Warhammer 40k's Imperium of Mankind. They even had an Emperor that was on a life support device similar to that of WH40Ks "The Golden Throne" which has been keeping the God Emperor in a state of barely living for 10,000 years.

Games Workshop's Warhammer 40k has inspired almost every sci-fi setting for the past 30 or so years now. Starcraft outright copied almost everything from WH40k. Other science fiction universe like Halo draw inspiration from them as well. You can't really blame GW for wanting to sue people because these franchises are getting very popular on ideas that are either identical to or the same as the ones GW came up with.

GW is only suing for similarities to Space Marines though because those are the Poster-boys of the franchise. The Adeptus Astartes or the Space Marines are easily the most recognizable figures in the WH40k universe.

Though I don't think this is the way GW should be protecting their interest. Suing everyone won't really accomplish much other than making them look like a ****. They will rarely have a case and when they do they won't make any significant gains. GW should just stay focused on their own franchise rather than what everyone else is doing. WH40k is very different than every other sci-fi universe out there right now. As long as it keeps it's own identity, WH40k will grow in popularity.

Really the only thing I can think of that GW could win a case in is if they sue blizzard for Starcraft's Terran Marines. If you look at a Terran Marine from Starcraft, and then at a Space Marine from WH40k it's very clear that blizzard copied the design. Really the only thing they changed was the helmet.

Also, I think DUST 514 shouldn't have any problems. None of the soldiers act or look anything like the iconic Space Marines.

Watch_ Fred Fred Frederation_ and stop [u]cryptozoologist[/u]! Fight against the brutal genocide of fictional creatures across New Eden! Is that a metaphor? Probably not, but the fru-fru- people will sure love it!

Vin King
State War Academy
Caldari State
#52 - 2013-02-19 17:05:23 UTC
Companies have to defend their property, or they'll have been implied to have allowed the use of it. Anyone unfamiliar with how this works should probably read up on it. It may seem like a bullying tactic, but the mechanism at play also protects the little guys from having their stuff stolen by big guys. Any author who is publishing works independently may encounter issues they're not prepared to handle. If the author is considering to continue writing, she may want to get an agent and publisher, at which point they can help provide the legal protections she may need moving forward.

Proud member of the New Order of HighSec

Davith en Divalone
Aliastra
Gallente Federation
#53 - 2013-02-19 17:11:26 UTC
Fredfredbug4 wrote:
Games Workshop's Warhammer 40k has inspired almost every sci-fi setting for the past 30 or so years now.


As someone who actually READS science fiction, practically everything in Warhammer 40K strikes me as shallow and derivative of much better fiction, emperor included. For them to claim ownership over a term that originated in the 30s pulps and was substantially developed by Heinlein and others is ridiculous.

I don't have a problem with them pissing around their tiny little corner in the sandbox tabletop gaming and miniatures. But you don't get to improvise off of Herbert, Heinlein, Doc Smith, Moorcock, and Lovecraft and then play the schoolyard bullies when other people do the same.
Vilnius Zar
SDC Multi Ten
#54 - 2013-02-19 17:34:53 UTC
Perhaps we should find out where WG HQ is and bomb it from orbit, it's the only way to be sure.
Eli Green
The Arrow Project
#55 - 2013-02-19 17:37:59 UTC
3 pages because the OP read Mercenaries as Marines? Jeez

wumbo

Yazzinra
Scorpion Ventures
#56 - 2013-02-19 17:45:08 UTC
Trdina Rasputin wrote:
Who was first? Aliens 2 or workshop marines?




REFERENCE :D

They are BIG part of that movie.


doesn't matter. the marines in the alien universe are Colonial Marines, not space marines.

also, its just Aliens. Alien, Aliens and Alien 3. we don't talk about ::censored::
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