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===Electronic Arts petition for trademark cancellation=== |
===Electronic Arts petition for trademark cancellation=== |
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On September 11, 2009, Electronic Arts (EA) petitioned the [[US Patent & Trademark Office]] (USPTO) to cancel a range of registrations associated with Edge Games.<ref name="indgame-ea-looking">{{cite web|last=Brightman |first=James |url=http://www.industrygamers.com/news/ea-looking-to-get-edge-trademark-thrown-out/ |title=EA Looking to Get Edge Trademark Thrown Out |publisher=IndustryGamers |date=September 29, 2009 |accessdate=2012-05-07 |archiveurl=http://web.archive.org/web/20120318084541/http://www.industrygamers.com/news/ea-looking-to-get-edge-trademark-thrown-out/ |archivedate=2012-03-18}}</ref> EA stated that it had filed the petition because Edge Games had "continuously" threaten legal action with respect to the title of EA's 2008 game ''[[Mirror's Edge]]'', and that the trademarks had either been obtained by fraud or abandoned through non-use.<ref name="gama-ea-dice-file">{{cite web|last=Graft |first=Kris |url=http://www.gamasutra.com/php-bin/news_index.php?story=25448 |title=EA, DICE File Complaint To End Trademark Issues Over Mirror's Edge |publisher=Gamasutra |date=September 29, 2009 |accessdate=2014-08-08}}</ref> Edge's Tim Langdell responded that Edge had not threatened EA with legal action, and that EA and Edge had been in amicable settlement talks over EA's use of the mark "Mirror's Edge" since late 2008.<ref name="escapist-langdellresp">{{cite web|url=http://www.escapistmagazine.com/news/view/95116-Tim-Langdell-Responds-to-EA-Trademark-Petition |title=Tim Langdell Responds to EA Trademark Petition |last=Chalk |first=Andy |date=September 30, 2009 |publisher=EscapistMagazine.com |accessdate=September 30, 2009}}</ref><ref name="kotaku-ea-sues">{{cite web|url=http://kotaku.com/5370359/electronic-arts-sues-to-cancel-langdells-trademarks |title=Electronic Arts Sues to Cancel Langdell's Trademarks |last=Good |first=Owen |date=September 29, 2009 |publisher=Kotaku |accessdate=September 30, 2009}}</ref> Langdell claimed that a 2008 Federal Court Case{{efn|Langdell was referring to EDGE Games, Inc. vs Velocity Micro<ref>{{cite court |litigants=EDGE Games, Inc. v. Velocity Micro, Inc.|vol=11|reporter=|opinion= |pinpoint=|court=E.D. Va. |date=2008 |url=http://ttabvue.uspto.gov/ttabvue/v?qt=adv&procstatus=All&pno=92049162}}</ref>}}had ruled that Edge had not obtained any of its trademarks by fraud, nor abandoned them through non-use.<ref name="escapist-langdellresp" /> EA had voluntarily abandoned its application for the mark "Mirror's Edge" on September 8, 2009, prior to filing its petition.<ref name="kotaku-ea-sues"/> |
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On September 11, 2009 Electronic Arts filed a petition to cancel five "Edge" marks, two of which were owned by Edge Games and the other three were co-owned by Edge Games and Future Publishing.<ref name="EA Petition">{{cite web|url=http://ttabvue.uspto.gov/ttabvue/v?pno=92051465|title=EA Petition}}</ref><ref name="gamesindustry">{{cite web|url=http://www.gamesindustry.biz/articles/ea-takes-up-edge-trademark-fight|title=EA takes up Edge trademark fight|date=September 30, 2009|publisher=gamesindustry.biz|accessdate=September 30, 2009}}</ref> Initially, only Edge Games was named as a defendant in the action, but later Future was added by the USPTO as a co-defendant along with Edge.<ref name="Future intervenes">{{cite web|url=http://ttabvue.uspto.gov/ttabvue/v?pno=92051465&pty=CAN&eno=40|title=Future's Intervenor Filing in EA Petition}}</ref> EA claimed that it had filed the petition because Edge Games had threaten legal action. EA also claimed that the five marks had either been obtained by fraud on the USPTO or that they had been abandoned through non-use.<ref>{{cite web|last=Brightman|first=James|url=http://www.industrygamers.com/news/ea-looking-to-get-edge-trademark-thrown-out/ |title=EA Looking to Get Edge Trademark Thrown Out |publisher=IndustryGamers |date=September 29, 2009|accessdate=2012-05-07|archiveurl=http://web.archive.org/web/20120318084541/http://www.industrygamers.com/news/ea-looking-to-get-edge-trademark-thrown-out/|archivedate=2012-03-18}}</ref> |
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On June 15, 2010, Edge Games filed a trademark infringement lawsuit against EA over the mark "Mirror's Edge", requesting damages and a court injunction against further infringement.<ref name="escapist-edge-sues">{{cite web|first=Andy |last=Chalk |url=http://www.escapistmagazine.com/news/view/101386-Edge-Games-Sues-EA-Over-Mirrors-Edge |title=Edge Games Sues EA Over Mirror's Edge |publisher=Escapistmagazine.com |date=2014-06-15 |accessdate=2014-08-08}}</ref><ref name="gi-edge-files">{{cite web|first=Alec |last=Meer |url=http://www.gamesindustry.biz/articles/edge-games-files-lawsuit-against-ea-article |title=Edge Games files new lawsuit against EA |publisher=GamesIndustry.biz |date=2010-06-17 |accessdate=2014-08-08}}</ref> Edge alleged that EA had committed willful infringement and was engaged in unfair competition.<ref name="gi-edge-files"/> On August 29 2010, EA filed a counter-claim requesting that Edge's trademarks be cancelled, alleging that Edge obtained the trademarks based on fraudulent representations to the USPTO, including doctored submissions of magazine covers and game boxes.<ref name="ig-ea-fires">{{cite web|last=Brightman|first=James|url=http://www.industrygamers.com/news/ea-fires-back-at-edge-games-says-its-deceiving-uspto|title=EA Fires Back at Edge Games, Says It's Deceiving USPTO|date=2010-08-30|accessdate=2014-08-08|archiveurl=http://web.archive.org/web/20110828114859/http://www.industrygamers.com/news/ea-fires-back-at-edge-games-says-its-deceiving-uspto|archivedate=2011-08-28}}</ref><ref name="gi-counter">{{cite web|first=Alec |last=Meer |url=http://www.gamesindustry.biz/articles/2010-09-01-ea-files-counter-claim-against-fraudulent-tim-langdell |title=EA files counter-claim against "fraudulent" Tim Langdell |publisher=GamesIndustry.biz |date=2010-09-01 |accessdate=2014-08-08}}</ref> EA also alleged that the trademarks had not been in commercial use at the time of registration.<ref name="gi-counter"/><ref name="ig-ea-fires" /> |
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Edge's Tim Langdell responded that there had been no threat of legal action, and that EA, Edge and Future had been in amicable settlement talks over EA's use of the mark "Mirror's Edge" since late 2008.<ref>{{cite web|url=http://www.escapistmagazine.com/news/view/95116-Tim-Langdell-Responds-to-EA-Trademark-Petition|title=Tim Langdell Responds to EA Trademark Petition|last=Chalk|first=Andy|date=September 30, 2009|publisher=EscapistMagazine.com|accessdate=September 30, 2009}}</ref> Langdell also responded that a 2008 Federal Court Case{{efn|Langdell was referring to EDGE Games, Inc. vs Velocity Micro<ref>{{cite court |litigants=EDGE Games, Inc. v. Velocity Micro, Inc.|vol=11|reporter=|opinion= |pinpoint=|court=E.D. Va. |date=2008 |url=http://ttabvue.uspto.gov/ttabvue/v?qt=adv&procstatus=All&pno=92049162}}</ref>}} had ruled that Edge had not obtained any of its trademark registrations by fraud on the USPTO, and that Edge had not abandoned any of its trademarks through non-use. EA voluntarily abandoned its application for the mark "Mirror's Edge" on September 8, 2009, and then filed its petition.<ref name="kotaku-ea">{{cite web|url=http://kotaku.com/5370359/electronic-arts-sues-to-cancel-langdells-trademarks|title=Electronic Arts Sues to Cancel Langdell's Trademarks|last=Good|first=Owen|date=September 29, 2009|publisher=Kotaku|accessdate=September 30, 2009}}</ref> During this period Langdell claims Future were putting increasing pressure on Edge to take stronger action against EA to stop the use of "Mirror's Edge".<ref name="eurogamer">{{cite web|last=Dutton |first=Fred |url=http://www.eurogamer.net/articles/2011-07-21-tim-langdell-refutes-trademark-troll-tag |title=Tim Langdell refutes "trademark troll" tag |publisher=[[Eurogamer]] |date=2011-07-21 |accessdate=2014-06-11}}</ref> |
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On October 1, 2010, Judge Alsup denied Edge's request for an injunction.<ref name="gi-court-rules">{{cite web|first=Alec |last=Meer |url=http://www.gamesindustry.biz/articles/2010-10-05-court-rules-in-favour-of-ea-over-trolling-langdell |title=Court rules in favour of EA over "trolling" Langdell |publisher=GamesIndustry.biz |date=2010-10-05 |accessdate=2014-08-08}}</ref> In his ruling, Alsup stated that EA had presented compelling evidence of fraud by Edge Games in registering it's trademarks with the USPTO and that Edge had abandoned use of its marks.<ref name="gi-landell-stripped">{{cite web|first=Alec |last=Meer |url=http://www.gamesindustry.biz/articles/2010-10-07-langdell-stripped-of-edge-trademarks |title=Langdell set to be stripped of 'edge' trademarks |publisher=GamesIndustry.biz |date=2010-10-07 |accessdate=2014-08-08}}</ref><ref name="gi-court-rules"/> Alsup stated that Edge Games had not shown that their use of the trademarks "legitmately extend beyond trolling various gaming-related industries for licesning opportunities."<ref name="eq-ea-beats">{{cite web|last=Purchese |first=Robert |url=http://www.eurogamer.net/articles/2010-10-05-ea-beats-nuisance-litigator-langdell |title=EA beats "nuisance litigator" Langdell |publisher=Eurogamer.net |date=2010-10-05 |accessdate=2014-08-08}}</ref><ref name="touch-ea-wins">{{cite web|first=Eli |last=Hodapp |url=http://toucharcade.com/2010/10/05/ea-wins-court-case-against-edge-games-founder-tim-langdell/ |title=EA Wins Court Case Against Edge Games Founder Tim Langdell |publisher=Touch Arcade |date=2010-10-05 |accessdate=2014-08-08}}</ref> |
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In June 2010, Edge Games filed a law suit against EA over the mark "Mirror's Edge" claiming trademark infringement and passing off.<ref name"Edge Games Sues EA Over Mirrors Edge">http://www.escapistmagazine.com/news/view/101386-Edge-Games-Sues-EA-Over-Mirrors-Edge</ref> Langdell stated this law suit was filed because Future insisted Edge do it.<ref name="eurogamer"/> The law suit started with Edge seeking a preliminary injunction to stop the sale of "Mirror's Edge" to which EA responded by counter-suing to cancel the five "Edge" marks. |
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On October 7, 2010, it was reported that EA and Edge Games had reached a settlement.<ref name="gi-landell-stripped"/><ref name="1up-lose-edge">{{cite web|last=Bailey|first=Kat|url=http://www.1up.com/news/tim-langdell-set-lose-edge |title=Tim Langdell Set to Lose 'Edge' Trademarks |publisher=1up.com |date=October 7, 2010 |accessdate=October 11, 2010 |archiveurl=http://web.archive.org/web/20121017191753/http://www.1up.com/news/tim-langdell-set-lose-edge |archivedate=October 17, 2012}}</ref> As a result of the settlement, Edge Games would surrender the trademarks "edge", "cutting edge", "the edge", and "gamer's edge", and Langdell would be required to inform any licensees of the cancellation, potentially leaving him open to legal action from other companies to whom his legal threats may have incurred losses or expenses.<ref name="escapist-langdell-loses">{{cite web|first=Andy |last=Chalk |url=http://www.escapistmagazine.com/news/view/104251-Langdell-Loses-Trademarks-in-Finalized-Judgment |title=Langdell Loses Trademarks in Finalized Judgment |publisher=Escapistmagazine.com |date=2011-10-11 |accessdate=2014-08-08}}</ref> No damages were rewarded to EA or Edge Games, and each would pay their own legal fees.<ref name="gi-final">{{cite web|first=Alec |last=Meer |url=http://www.gamesindustry.biz/articles/2010-10-11-final-langdell-judgement-issued |title=Final Langdell judgement issued |publisher=GamesIndustry.biz |date=2010-10-11 |accessdate=2014-08-08}}</ref> The settlement stated that neither party admitted fault or wrongdoing.<ref name="escapist-langdell-loses"/><ref name="gi-final"/> On October 10, 2010, it was reported that the settlement had been approved by Judge Alsup, and a final order had been issued.<ref name="escapist-langdell-loses"/><ref name="gi-final"> On April 9, 2013, the USPTO cancelled the five "Edge" trademarks.<ref name="eg-trademark-cancelled">{{cite web|last=Phillips |first=Tom |url=http://www.eurogamer.net/articles/2013-04-19-edge-developer-celebrates-as-tim-langdell-trademark-finally-cancelled |title=Edge developer celebrates as Tim Langdell trademark finally cancelled |publisher=Eurogamer.net |date=2013-04-19 |accessdate=2014-08-08}}</ref><ref name="gama-cancelled">{{cite web|last=Rose |first=Mike |url=http://www.gamasutra.com/view/news/190823/Tim_Langdells_Edge_trademarks_are_finally_cancelled.php |title=Tim Langdell's 'Edge' trademarks are finally cancelled |publisher=Gamasutra |date=2013-04-19 |accessdate=2014-08-08}}</ref> |
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A hearing took place on October 1, 2010 before Judge Alsup and the only ruling he made was that the injunction was denied. In the opinion section of his ruling Judge Alsup commented that EA had presented what seemed to be compelling evidence of fraud on the USPTO by Edge Games, and evidence that Edge had abandoned use of its marks, and that therefore Langdell may have been trolling the game industry. However, Alsup qualified his opinion by adding that it was a jury trial matter, and that the jury might come to a completely different conclusion once all the evidence and argument have been considered. On October 10, 2010 it was reported that EA and Edge Games had reached a settlement the result of which was Judge Alsup issued a final order in the case in which Langdell was not found to be guilty of any wrong doing alleged by EA in its counter-suit, namely of trolling the game industry, or of committing fraud on the USPTO, or of abandoning the "Edge" marks through non-use. The settlement called for Edge to voluntarily abandon the five trademarks in question while retaining all common law rights on which the registrations were based. <ref>{{cite web|url=http://ttabvue.uspto.gov/ttabvue/v?pno=92051465&pty=CAN&eno=113 |title=EA Edge Settlement |publisher=Ttabvue.uspto.gov |date= |accessdate=2014-02-26}}</ref><ref name="gameindustry">http://www.gamesindustry.biz/articles/2010-10-07-langdell-stripped-of-edge-trademarks</ref> |
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The petition action before the USPTO was re-opened in November 2010 having been stayed pending the outcome of the court case. In March 2011, when EA and Edge tried to process the voluntary cancellation of the five trademarks, Future Publishing intervened to stop the cancellations, arguing that it co-owned at least one of the marks with Edge. Future argued that since it is a co-owner of the trademark therefore neither the court action before Alsup nor the settlement between EA and Edge were valid since for either to be valid Future would have needed to be a party to the court action and to the settlement.<ref name="Future intervenes"/> The USPTO reacted by adding Future as a co-defendant in the petition action and noting that Future were co-owner of three of the five marks being cancelled.<ref name="EA Petition"/> As a consequence of Future's objections, the USPTO did nothing further on the matter for two years. On April 9, 2013 the USPTO decided to cancel the five "Edge" trademarks based on Alsup's final order of October 2010, stating the reason for the delay had been that EA had previously failed to supply a verified copy of the court order.<ref name="EA Petition"/> On April 17, 2013, the USPTO cancelled two marks owned by Edge Games and three marks co-owned by Future and Edge.<ref name="EA Petition"/> |
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===Future Publishing=== |
===Future Publishing=== |
Revision as of 01:48, 8 August 2014
Company type | Private Company |
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Industry | Computer and video game industry |
Founded | 1990 |
Headquarters | Pasadena, California, USA |
Key people | Tim Langdell (CEO and Founder) |
Website | www.edgegames.com www.edgegames.co.uk |
Edge Games is a video game developer and publisher headquartered in Pasadena, California, known for the practices of its chief executive and founder, Tim Langdell, in enforcing trademarks relating to the word "edge", which sources have described as "litigious".[1][2] Langdell has refuted these practices citing that Edge has only sued two companies since the late 1980s.[3]
In 2010, Edge Games sued Electronic Arts for trademark infringement,[4] but eventually settled, with Edge surrendering many of its registrations.[5]
History
Edge Games was founded in California in 1990 by Tim Langdell. At that time, it acquired the intellectual property assets of Langdell's former company, Softek Software, itself founded in 1980 in London, England.[6] Softek's catalog includes several games, including: Fairlight, released in 1985, and Garfield: Big Fat Hairy Deal, released in 1987.
Since the 1989 release of Snoopy and Peanuts Edge Games have released nine games in the last 25 years.[7]
The Edge website stated that two other multi-platform titles: Mirrors,[8] and Mythora 2 are "coming soon", as are the PlayStation 3 and other platform versions of Racers. The website also states that they are porting some of their Commodore 64 games to WiiWare. As of 2014, none of these titles have been released.
Trademark disputes
Edge Games and Edge Interactive Media have been involved in a number of disputes over the "EDGE" trademark.
Edge (iPhone game)
In May 2009, game developer Mobigame's iPhone title Edge[9] was removed from Apple's App Store in the US and the UK due to lawsuit threats by Tim Langdell. According to Mobigames, the dispute arose while they were trying to register a trademark for Edge in the US, while Langdell claims he owns the global trademark on "Edge".[10]
According to the email dialogue between Langdell and Mobigames head David Papazian, shared with Eurogamer, Langdell delivered an ultimatum to Mobigames in exchange for a promise not to litigate. If they changed the game's name, he demanded 25% of the game's revenue for the time the title was on sale under the name "Edge", and if they licenced the Edge name, they would give him 10% of the game's revenue in perpetuity and subtitle it "An Homage To [Edge Games title] Bobby Bearing", with the Edge Games logo on the title screen. Papazian claims that he suggested the alternative title "Edgy", but that this was rejected by Langdell as too similar to "Edge". Edge Games subsequently registered "Edgy" as a trademark. An Edge Games spokesperson, writing from Tim Langdell's personal email address and signing off as "Tim Langdell", claims that their registration was the result of a misunderstanding "probably in part caused by David Papazian's less than perfect English".[3] However, many journalists who talked with David Papazian confirmed that Papazian's English is "absolutely flawless".[11]
On the June 18, 2009, it was reported that the game had been restored to the App Store with its original name intact,[12] though later reports indicated that the game had once again been pulled in July 2009,[13] and Mobigames confirmed that they had voluntarily withdrawn the game while considering their options.[3] Mobigames' lawyer, speaking to Eurogamer, stated that "Mobigame's position is that the trademarks owned by Edge Games are not enforceable against Mobigames or any third party in respect of the distribution of the Edge game," because "there is unlikely to be any confusion or association between them and Mobigame's game" and those trademarks "are liable to be revoked".[3]
Soon after, Edge Games published an "open letter" on its website claiming that several of the statements in the Eurogamer article were false.[14] Mobigames' lawyers issued a response to the effect that the Eurogamer article is accurate and that Edge Games's rebuttal is false, and stated that they were gathering evidence to demonstrate that communications Edge Games claims, in its rebuttal, to have made did not actually occur.[15]
The game was eventually put back on the App Store in UK and US markets on October 7, 2009, under the title Edge by Mobigame. Speaking with Kotaku, Papazian said, "on the legal side, (Langdell) cannot claim anything against "Edge by Mobigame" and Apple knows that, so we hope everything will be alright now."[16]
On November 26, 2009, Edge by Mobigame was again removed from the App Store.[17] An unnamed Edge Games representative stated "Adding 'by Mobigame' was determined not to get around infringement." [18] On December 1, 2009, the game returned to the App Store under the name Edgy,[19] but Mobigame soon removed it for fear that Langdell would use the legal precedent in his legal battle against EA.[20]
In May 2010, Edge by Mobigames returned to the App store under the name Edge. MobiGame had the following to say regarding the ongoing legal battle:
Thanks to us the word "edge" is now free to exist on the App Store like on any other marketplace, and games like Mirror's Edge, Shadow Edge, Killer Edge Racing or Edge by Mobigame can live on our iDevices.[21]
Electronic Arts petition for trademark cancellation
On September 11, 2009, Electronic Arts (EA) petitioned the US Patent & Trademark Office (USPTO) to cancel a range of registrations associated with Edge Games.[22] EA stated that it had filed the petition because Edge Games had "continuously" threaten legal action with respect to the title of EA's 2008 game Mirror's Edge, and that the trademarks had either been obtained by fraud or abandoned through non-use.[23] Edge's Tim Langdell responded that Edge had not threatened EA with legal action, and that EA and Edge had been in amicable settlement talks over EA's use of the mark "Mirror's Edge" since late 2008.[24][25] Langdell claimed that a 2008 Federal Court Case[a]had ruled that Edge had not obtained any of its trademarks by fraud, nor abandoned them through non-use.[24] EA had voluntarily abandoned its application for the mark "Mirror's Edge" on September 8, 2009, prior to filing its petition.[25]
On June 15, 2010, Edge Games filed a trademark infringement lawsuit against EA over the mark "Mirror's Edge", requesting damages and a court injunction against further infringement.[27][28] Edge alleged that EA had committed willful infringement and was engaged in unfair competition.[28] On August 29 2010, EA filed a counter-claim requesting that Edge's trademarks be cancelled, alleging that Edge obtained the trademarks based on fraudulent representations to the USPTO, including doctored submissions of magazine covers and game boxes.[29][30] EA also alleged that the trademarks had not been in commercial use at the time of registration.[30][29]
On October 1, 2010, Judge Alsup denied Edge's request for an injunction.[31] In his ruling, Alsup stated that EA had presented compelling evidence of fraud by Edge Games in registering it's trademarks with the USPTO and that Edge had abandoned use of its marks.[32][31] Alsup stated that Edge Games had not shown that their use of the trademarks "legitmately extend beyond trolling various gaming-related industries for licesning opportunities."[33][34]
On October 7, 2010, it was reported that EA and Edge Games had reached a settlement.[32][35] As a result of the settlement, Edge Games would surrender the trademarks "edge", "cutting edge", "the edge", and "gamer's edge", and Langdell would be required to inform any licensees of the cancellation, potentially leaving him open to legal action from other companies to whom his legal threats may have incurred losses or expenses.[36] No damages were rewarded to EA or Edge Games, and each would pay their own legal fees.[37] The settlement stated that neither party admitted fault or wrongdoing.[36][37] On October 10, 2010, it was reported that the settlement had been approved by Judge Alsup, and a final order had been issued.[36]Cite error: A <ref>
tag is missing the closing </ref>
(see the help page).[38]
Future Publishing
In 2011, it was revealed that Future Publishing, the publishers of Edge magazine, had brought suit against Langdell in the United Kingdom for breach of contract, breach of copyright, and passing off through his use of the Edge magazine logo and his representations of his connection with the magazine. Future had licensed the trademark for the use of the word Edge in magazines from Langdell in 1993, when launching the magazine. The publisher bought the relevant part of the trademark from Langdell outright in 2005. In the intervening years, Future claimed, Langdell had co-opted the magazine's logo as his own, and claimed to have been involved in the creation or publication of the magazine. The action succeeded in all claims, in a decision that described Langdell's own evidence as "invention", "incredible", "totally unconvincing", and "concocted".[39][40] In two lengthy missives sent to online games publications, Langdell indicated that he had lodged an appeal, placing the blame for his actions with Future and the responsibility for his loss with a "gullible" judge [41] who had made "almost 100 errors of fact and law".[42] Future, in turn, indicated that it had not been served with any new proceedings but had received permission to pursue contempt of court proceedings against Langdell.[43]
Other
In 2001, Edge sought revocation of Namco's United Kingdom trademark "Soul Edge" (for the arcade game Soul Edge) for reasons including an alleged similarity between the Edge and Soul Edge marks. The opposition failed on all grounds. Nevertheless, Namco had already decided to use the name Soul Blade for the PlayStation version in the United States and Europe to avoid potential complications, with the name Soul Calibur being used on all sequels.[44]
In March 2009, Cybernet Systems Corporation filed a lawsuit in Federal court against Edge.[45] In the suit, Cybernet states that they were contacted by Tim Langdell beginning in January 2009 and that he asserted his ownership of the term "Edge." The suit also alleges that Langdell asserted his right to have the trademark for Cybernet's "Edge of Extinction" game assigned to Edge Games, and his further right to require Cybernet to enter into a paid license agreement with him due to their use of the name. Cybernet refused, and when Langdell threatened a lawsuit, Cybernet instead filed suit against Edge.[46] The law suit ended with a judgment in Edge Games' favor and an amicable settlement between Cybernet and Edge. [47] "Edge of Extinction" was released in 2001, and is no longer an active game.[48][49]
As of June 1, 2009, Edge Games applied for a US trademark for the phrase, "Edge of Twilight."[50] This is the name of a steampunk fantasy game by Fuzzyeyes Studios.[51][52] On July 23, 2009 the CEO of Fuzzyeyes announced in a press release: "FUZZYEYES approached EDGE Games several months ago, with the intent to resolve any issues arising out of both companies use of the mark "EDGE." Fuzzyeyes, developer of the game titled "Edge of Twilight," sought to address any potential trademark conflicts. Through amicable negotiations, Fuzzyeyes and Edge Games have arrived at a satisfactory arrangement that addresses the concerns of both parties. This arrangement allows the highly anticipated Edge of Twilight to proceed with its title unchanged, and without infringement on any trademarks held by Edge Games." [53]
In July 2009, members of the International Game Developers Association (IGDA) began circulation of a petition calling for a special meeting of the membership to vote on the removal of Langdell from that organization's board of directors citing, among other things, his use of his position on the IGDA to "work directly against the mission of the organization."[54][55] In late August, the IGDA announced that a special meeting of the membership would be held on October 3, the sole purpose of which was to vote on whether Langdell should be removed,[56] and on August 31, 2009, Langdell resigned from the IGDA board.[57] Langdell had served on the board since March 2009.[56] In a statement, Langdell said he resigned "with the best interests of the IGDA at heart".[58] He stated he was confident that if a quorum was formed the vote would go in his favor, but feared that a quorum would not be attained and the "vocal minority" would not accept the outcome and continue to cause further disruption to the IGDA. [58] On October 13, 2010, his IGDA membership was terminated due to his "...lack of integrity or unethical behavior, as determined by the Board of Directors."[59][60]
See also
- King (website), a company that attempted to trademark the word "Candy" in 2014
Notes and references
- Notes
- References
- ^ Purchese, Robert (March 25, 2010). "EA wants all EDGE Games trademarks". Eurogamer. Retrieved April 8, 2013.
- ^ Cite error: The named reference
dowjonesnews
was invoked but never defined (see the help page). - ^ a b c d Dutton, Fred (July 21, 2011). "Tim Langdell refutes "trademark troll" tag". Eurogamer. Retrieved June 11, 2014. Cite error: The named reference "eurogamer" was defined multiple times with different content (see the help page).
- ^ "Edge Games, Inc. v. Electronic Arts Inc". Dockets.justia.com. Retrieved October 11, 2010.
- ^ http://ttabvue.uspto.gov/ttabvue/ttabvue-92051465-CAN-32.pdf
- ^ http://smtp1.patent.gov.uk/types/tm/t-os/t-find/t-challenge-decision-results/o37299.pdf
- ^ "EDGE Games EDGE/THE EDGE Indie Game Developer and Publisher". Edgegames.com. Retrieved June 11, 2014.
- ^ Owen Good (May 30, 2009). "Trademark Troll Gets Mobigames' EDGE Taken Down". Kotaku.com. Archived from the original on August 19, 2013. Retrieved February 26, 2014.
- ^ "Mobigame.net". Mobigame.net. Retrieved September 2, 2009.
- ^ "Update: Edge Pulled Over Alleged Trademark Infringement - Gaming on the iPhone and iPod Touch". Finger Gaming. May 28, 2009. Retrieved June 1, 2009.
- ^ Dunn, Matt (August 4, 2009). "Edge Lawsuit: New Info!".
- ^ "Mobigames' EDGE returns to App Store". Touch Arcade. June 18, 2009.
- ^ Yu, Derek (July 15, 2009). "Tim Langdell and Edge Games: Still at It". The Independent Gaming Source. Retrieved July 18, 2009.
- ^ Edge or Edgy: Part Two. "| | The Escapist". Escapistmagazine.com. Retrieved February 26, 2014.
- ^ Mobigame: ‘Edge Games’s open letter is false’, Pocket Gamer
- ^ "Mobigame's "Edge" is Back on iTunes". Kotaku.com. October 7, 2009. Retrieved October 11, 2010.
- ^ Dredge, Stuart (November 26, 2009). "iPhone game Edge disappears from App Store (again)". Mobiel Entertainment. Retrieved December 1, 2009.
- ^ Crossley, Rob (November 27, 2009). "Langdell: 'Edge by Mobigame' isn't fair". develop-online.net. Retrieved December 1, 2009.
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- ^ "'Edge' Back on the App Store Again And on Sale".
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- ^ a b Chalk, Andy (September 30, 2009). "Tim Langdell Responds to EA Trademark Petition". EscapistMagazine.com. Retrieved September 30, 2009.
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- ^ EDGE Games, Inc. v. Velocity Micro, Inc., 11 (E.D. Va. 2008).
- ^ Chalk, Andy (June 15, 2014). "Edge Games Sues EA Over Mirror's Edge". Escapistmagazine.com. Retrieved August 8, 2014.
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- ^ a b c Chalk, Andy (October 11, 2011). "Langdell Loses Trademarks in Finalized Judgment". Escapistmagazine.com. Retrieved August 8, 2014.
- ^ a b Meer, Alec (October 11, 2010). "Final Langdell judgement issued". GamesIndustry.biz. Retrieved August 8, 2014.
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- ^ Dutton, Fred. "Langdell: judge made "almost 100 errors"". Eurogamer.
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- ^ "Trade mark decision". UK Intellectual Property Office. August 14, 2002. Retrieved June 1, 2009.
- ^ "Cybernet Systems Corporation v. Edge Games Incorporated et al". Justia.com: Federal District Court Filings and Dockets. Retrieved July 14, 2009.
- ^ Carless, Simon (June 10, 2009). "A Brief Statement On The Mobigame/Edge Games Article". Gamasutra. Retrieved July 14, 2009.
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- ^ "Edge News". Cybernet Systems Corporation. Retrieved July 14, 2009.
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- ^ "United States Patent & Trademark Office". June 1, 2009.
- ^ "Edge of Twilight" (in Multiple). Fuzzy Eyes. Retrieved July 12, 2009.
{{cite web}}
: CS1 maint: unrecognized language (link) - ^ "Edge of Twilight News". Gamespot. Retrieved July 12, 2009.
- ^ http://kotaku.com/5312534/trademark-troll-is-at-it-again-update
- ^ "It's Fun to Stay at the IGDA". Archived from the original on March 17, 2012. Retrieved July 18, 2009.
{{cite web}}
:|archive-date=
/|archive-url=
timestamp mismatch; March 16, 2012 suggested (help) - ^ Good, Owen (July 17, 2009). "Effort Begun to Remove Trademark Troll from IGDA Board". Kotaku. Retrieved September 21, 2009.
- ^ a b Good, Owen (August 31, 2009). "Tim Langdell Resigns from IGDA Board (Updated)". Kotaku. Retrieved August 31, 2009.
- ^ "IGDA Announces Dr. Tim Langdell has stepped down from IGDA Board" (PDF). Mt. Royal, NJ: IGDA.org. August 31, 2009. Archived from the original (PDF) on March 6, 2012. Retrieved August 31, 2009.
- ^ a b http://www.vg247.com/2009/09/01/tim-langdell-left-igda-to-avoid-damaging-it-believes-all-accusations-unfounded/
- ^ "Tim Langdell removed from IGDA Membership " International Game Developers Association Board". Igdaboard.wordpress.com. October 13, 2010. Retrieved October 20, 2010.
- ^ Andy Chalk (October 14, 2010). "Tim Langdell Loses IGDA Membership". Escapistmagazine.com. Retrieved October 14, 2010.
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