Let's not go over this again please; have a look at the previous comment sections in relation to this case. For one, you don't copyright a trade mark - two different IPRs.... Reply0
@smelly cheers for the links. Looks like a pretty standard invalidity revocation, the fraud point in relation to evidence supplied of prior commerce. Something we don't really have in the UK.
Find it so odd that EA rely on common law rights! First thing we ever say to a client is identify your IP, protect it, exploit it, then defend! Come to me EA, I'll look after all your IP needs! Reply0
@smelly I promise I'm not langdell before you lynch me!
Only contributing to the convo from a more legal perspective. Send me a link to the EA claim and I'll def have a look at it. Fraud isn't a word that usually comes up on trade mark cases so I'm pretty intrigued from a professional point of view! Reply0
@xerc3s mate, too true that IP laws are messy! They were originally to protect the consumer, but now just help the rich get richer! Flip reversed from where they began! Reply0
@justanothetdave magazines and printed material etc fall into a completely different classification. A registered trade mark only gives you a monopoly on the name in the class you registered in, no accross the board. Likewise with band names etc - no liklihood of confusion.
@spekingur it's up to the courts to decide. They have to consider whether the mark gas been used in the last five years, or whether he can demonstrate genuine intention to do so. I could register a trade mark today but not plan to use it until 41/2 years time; as long as I can show plans etc and other evidence to back this up such as marketing, domains etc it is mine. Does sound that langdell may be lacking on this evidence, which is what EA will be going after mo doubt. Reply0
In the uk, as long as you can demonstrate genuine intent, e.g. A business plan etc, you can resist an invalidity action. You will only have problems if when making an app it is general or descriptive, like '24hour shop', or a third party with pre existing rights makes an opposition. ( there are a number of other absolute grounds for refusal, but not relevant here!)
What was it you wanted to register? More than happy to help, I'm a lawyer in a niche IP law firm! Reply+1
You do not 'copyright' your name, nor 'patent' your trade mark. Come on, in most jurisdictions you don't have to register your copyright; US being the exception!! Please get your IP facts right! I sense a lot of antilangdell bandwagon jumping... At the end of the day this happens everyday in business. Particularly in the current climate where everone is more and more 'litigation happy'. Langdell paid for protection of his IP, and in return he has certain rights. His marks were not 'fraudelently' obtained, suitted to the same examination process as any other applicant. Leave this to the lawyers!
Edge can be a trade mark for computer progs, which falls under int classification 9 as it is not descriptive or stating quality of goods etc of products in that class. As long as he can demonstrate 'genuine intent to use' (a tricky test) the mark in the 5 years from reg, he is entitled to it. (obviously as long as no one has unregistered trade mark rights which pre date his and entitle them to declare his invalid!). Reply0
It's not bullshit that 'edge' can be trade marked; as long as it is not general or descriptive of the goods or services it is being used to sell, it will not be refused. Take 'orange'. That's a common word, but a very succesful trade mark for phone services.
Langdells still a prick, just not quite the fraudster some are saying.... Reply+4
EA wants all EDGE Games trademarks
Let's not go over this again please; have a look at the previous comment sections in relation to this case. For one, you don't copyright a trade mark - two different IPRs.... Reply 0
Definitely be interesting to see if further action (a 'fraud case') is taken following this cancellation case. One step at a time though! Reply +2
assuming we are talking about the same case, the papers filed and found here:
[link url=http://ttabvue.uspto.gov/ttabvue/v?pno=92051465&pty=CAN&eno=1
]http://ttabvue.uspto.gov/ttabvue/v?pno=9...[/link]
the USPTO dont have the power to dish out jail terms! Unless I've missed a seperate prosecution for perjury? (sorry if I have!)
It's a cancellation case, much like the UK grounds of revocation/invalidity etc (which I am very much involved in). Not a murder case!!
Reply +5
International Cricket 2010 announced
Edge by Mobigame turfed off App Store
Find it so odd that EA rely on common law rights! First thing we ever say to a client is identify your IP, protect it, exploit it, then defend! Come to me EA, I'll look after all your IP needs! Reply 0
Only contributing to the convo from a more legal perspective. Send me a link to the EA claim and I'll def have a look at it. Fraud isn't a word that usually comes up on trade mark cases so I'm pretty intrigued from a professional point of view! Reply 0
@spekingur it's up to the courts to decide. They have to consider whether the mark gas been used in the last five years, or whether he can demonstrate genuine intention to do so. I could register a trade mark today but not plan to use it until 41/2 years time; as long as I can show plans etc and other evidence to back this up such as marketing, domains etc it is mine. Does sound that langdell may be lacking on this evidence, which is what EA will be going after mo doubt. Reply 0
What was it you wanted to register? More than happy to help, I'm a lawyer in a niche IP law firm! Reply +1
@davisorle i completely agree.
Reply -19
Langdells still a prick, just not quite the fraudster some are saying.... Reply +4