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(Kotaku)   Trademark troll gets pulled under the bridge and robbed of all his trademarks for the word "Edge"   (kotaku.com ) divider line
    More: Followup, borders, USPTO, International Game Developers Association  
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7192 clicks; posted to Business » on 20 Apr 2013 at 5:43 PM (3 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



42 Comments     (+0 »)
 
View Voting Results: Smartest and Funniest
 
2013-04-20 03:13:21 PM  
It took 4 years and EA's money/lawyers to do it, but good job guys.
 
2013-04-20 03:22:53 PM  
U2's guitarist breathes a sigh of relief.
 
2013-04-20 03:31:13 PM  
Can we pull his underwear up to his shoulders too?
 
2013-04-20 03:39:44 PM  
i37.tinypic.com

/Not my vandalism.
 
ZAZ [TotalFark]
2013-04-20 03:45:00 PM  
I don't know what a trademark troll is supposed to be exactly, but the analogy to patent or copyright troll is a bit strained. As I understand the story Mr. Alleged Troll did at one time legitimately use the trademarked word, but lost the trademark through disuse (which doesn't happen with copyright or patents).

The IP world could benefit from a process used in medical malpractice suits. In my state you have to present a medical malpractice case to a tribunal before suing. If the tribunal says you might have a case, sue away. If the tribunal says you definitely don't have a case, you have to post a bond to cover the defendant's costs before suing (and the fact that a doctor, lawyer, and judge agreed your case was weak should be a hint not to sue). The tribunal is a relatively cheap way to discourage frivolous suits.

So Mr. Edge wants to sue a company for producing a game called "Ice Sledge" (which contains edge as a substring). He writes up a short statement of his case with exhibits and presents it to a lawyer, a businessman, and a hacker, the Game Trademark Tribunal. The game maker writes a simple rebuttal. The tribunal says "you'd have to be stoned to see any resemblence between the trademark and the name of the game." Now if Mr. Edge wants to sue he has to put anticipated costs of suit in escrow pending the outcome of the case, say $100,000. This process also solves a problem with shell companies (e.g. Righthaven) which can go bankrupt and avoid paying judgments if they lose.
 
2013-04-20 04:28:37 PM  
Man, I thought I knew him.
 
2013-04-20 04:53:12 PM  
What can I call the edge side of my hand now and how do I put a keen edge point on my knife now?
 
2013-04-20 04:59:04 PM  
Sunday Sunday Sunday!!!
We'll sell you the whole seat, but you'll only need a couple of inches of the very front part!
 
2013-04-20 05:38:27 PM  
This guy should've been punted into orbit the very first time he tried this. Edge is an existing generic word, he shouldn't have ever been able to claim any trademark on the word edge or someone using the word edge as part of a product name.
 
2013-04-20 06:01:42 PM  
very edgy
 
2013-04-20 06:31:56 PM  
"Soon after, Electronic Arts, the publisher of Mirror's Edge, sued to cancel Langdell's trademarks-an action it said it took on behalf of the games development community."

EA as the hero? Say it ain't so!
 
2013-04-20 06:53:21 PM  
Lost the use of the edge?   Now he'll have to use the rest of his seat this Sunday.
 
2013-04-20 06:57:55 PM  

WhyteRaven74: This guy should've been punted into orbit the very first time he tried this. Edge is an existing generic word, he shouldn't have ever been able to claim any trademark on the word edge or someone using the word edge as part of a product name.


That's not how trademarks work.

Trademarks are specific to a domain, and what's forbidden is trademarking a word that is generic in that domain. For example, you couldn't trademark Jazz Music for a music label, because the word "jazz" is generic in the field of music. But if you wanted to trademark Jazz Software for a software company, you'd be fine (assuming somebody didn't beat you to it).
 
2013-04-20 07:00:05 PM  

Kyosuke: "Soon after, Electronic Arts, the publisher of Mirror's Edge, sued to cancel Langdell's trademarks-an action it said it took on behalf of the games development community."

EA as the hero? Say it ain't so!


"In normal times, evil would be fought by good. But in times like these, well, it should be fought by another kind of evil."
 
2013-04-20 07:01:05 PM  

ZAZ: I don't know what a trademark troll is supposed to be exactly, but the analogy to patent or copyright troll is a bit strained. As I understand the story Mr. Alleged Troll did at one time legitimately use the trademarked word, but lost the trademark through disuse (which doesn't happen with copyright or patents).

The IP world could benefit from a process used in medical malpractice suits. In my state you have to present a medical malpractice case to a tribunal before suing. If the tribunal says you might have a case, sue away. If the tribunal says you definitely don't have a case, you have to post a bond to cover the defendant's costs before suing (and the fact that a doctor, lawyer, and judge agreed your case was weak should be a hint not to sue). The tribunal is a relatively cheap way to discourage frivolous suits.

So Mr. Edge wants to sue a company for producing a game called "Ice Sledge" (which contains edge as a substring). He writes up a short statement of his case with exhibits and presents it to a lawyer, a businessman, and a hacker, the Game Trademark Tribunal. The game maker writes a simple rebuttal. The tribunal says "you'd have to be stoned to see any resemblence between the trademark and the name of the game." Now if Mr. Edge wants to sue he has to put anticipated costs of suit in escrow pending the outcome of the case, say $100,000. This process also solves a problem with shell companies (e.g. Righthaven) which can go bankrupt and avoid paying judgments if they lose.


It's a nice thought, I just can't get past the thought they'd still be a group of corrupt out-for-themselves jerkoffs that would find ways to squash the 'little guy'.
Well, that happens anyway so I guess I don't really have a point afterall.
 
2013-04-20 07:02:41 PM  
On this day, he sees clearly?
 
2013-04-20 07:28:52 PM  
www.alancross.ca


R.I.P. EDGE
 
2013-04-20 07:51:19 PM  
i really don't care about this issue, other than to say that both mirror's edge and edge on ios are some of my favorite games out there
 
2013-04-20 08:57:12 PM  
EA did something good?  I don't know how to feel about this.
 
2013-04-20 09:17:47 PM  
BAH GAWD KING, EA SPEARED EDGE!!!
 
2013-04-20 09:42:44 PM  
www.savingwithshellie.com
 
2013-04-20 09:42:45 PM  
Its just another evil jerkoff troll eating another smaller evil jerkoff troll.

/lose, lose for all...
 
2013-04-20 10:46:17 PM  
Was so hoping this was a Monster Cable story
 
2013-04-20 10:50:35 PM  
images1.wikia.nocookie.net

I am the first?
 
2013-04-21 01:18:37 AM  
Can you at least get close to the edge without getting sued?

www.rankopedia.com
 
2013-04-21 01:29:35 AM  
Edge
 
2013-04-21 02:45:25 AM  
mimg.ugo.com
 
2013-04-21 04:53:42 AM  
You're all a bunch of big fat failure turtles.
 
2013-04-21 06:16:05 AM  
So I wont get sued if I send a postcard now?
 
2013-04-21 08:33:49 AM  
You know who else has gotten the horns from EA?  Zynga.  This guy is on par with Zynga, and been around a lot longer then them too.  If it takes this long to dislodge a blatant patent troll and the resources of a company like EA there is something very wrong with that system.
 
2013-04-21 08:34:54 AM  
^^  (I'd also accept 'their customers' as an alternative answer to 'who has gotten the horns from EA')

/can't let that slip, not even for one story about an enemy's enemy getting taken out
 
2013-04-21 10:25:47 AM  

Twitch Boy: You're all a bunch of big fat failure turtles.


You know what ELSE is a big fat failure turtle?

www.thesupercars.org
 
2013-04-21 11:45:40 AM  
The real WTF is granting the trademark in the first place. I'm going to trademark the word extreme and any derivatives.

/you gonna get sued
 
2013-04-21 12:06:56 PM  

AdamK: i really don't care about this issue, other than to say that both mirror's edge and edge on ios are some of my favorite games out there


You want to have a real good self-mindfark, try to figure out how Faith would feel about being EA's representative here.
 
2013-04-21 12:53:55 PM  

Russ1642: The real WTF is granting the trademark in the first place. I'm going to trademark the word extreme and any derivatives.

/you gonna get sued


I'm gonna trademark "lawsuit".

I would want to trademark "trademark" but recursion's a biatch.
 
2013-04-21 01:38:47 PM  
i.imgur.com
 
2013-04-21 02:39:08 PM  

Russ1642: The real WTF is granting the trademark in the first place. I'm going to trademark the word extreme and any derivatives.

/you gonna get sued


Except that Edge Games actually put out product when they first got the mark, while you've never done anything extreme.
 
2013-04-21 03:03:23 PM  
Dang it, someone beat me to Final Fantasy 4's Edge... =)

Piece of FF4 trivia: Edge is his nickname, with Edward as his real name.  This makes the American version's choice of Edward as a 6-letter replacement for the character named Gilbert rather confusing.
 
2013-04-21 05:16:53 PM  

quatchi: So I wont get sued if I send a postcard now?


Carrie Fisher and I see what you did there.
 
2013-04-21 05:33:56 PM  
David Papazian, of Edge developer Mobigame, gave a triumphal statement on Thursday. "It took us two years to create Edge from scratch, then we waited four additional years for this day to happen," he wrote. "We are so happy for all the victims of this trademark troll, truth and justice finally won!"

I wouldn't describe a 4-year slog thru the legal system, God-only-knows how much money expended and opportunities lost as truth and justice "winning". If the troll had been impoverished and beaten bloody, perhaps that would be a case for justice having been served.
 
2013-04-22 12:08:26 AM  

Kyosuke: "Soon after, Electronic Arts, the publisher of Mirror's Edge, sued to cancel Langdell's trademarks-an action it said it took on behalf of the games development community."

EA as the hero? Say it ain't so!


Yeah who would have thunk? Still, even though the big dogs had to jump in, the troll was defeated. Good job all around.
 
2013-04-22 07:25:28 AM  
Here's a definitive thread by a neogaffer

http://www.neogaf.com/forum/showthread.php?t=409947
 
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