Space Marine (TM)

[Just Jeff]

In December Games Workshop, which has a trademark on "space marine" in the gaming context, had Amazon take down an ebook by M.C.A. Hogarth, a novel entitled Spots the Space Marine. According to Hogarth's blog,

In their last email to me, Games Workshop stated that they believe that their recent entrée into the e-book market gives them the common law trademark for the term “space marine” in all formats.

And apparently the twitterverse has since exploded (not that I can see it from where I'm sitting). Since that post, Hogarth has been discussing the matter with the EFF. Could be interesting to see where this goes.

[Treebore]

Word Mark SPACE MARINE
Goods and Services (CANCELLED) IC 002. US 006 011 016. G & S: [paints, namely, water based acrylic paints for artists]

IC 009. US 021 023 026 036 038. G & S: video computer games; computer software for playing games
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75010236
Filing Date October 25, 1995
Current Basis 44E
Original Filing Basis 44D
Published for Opposition July 8, 1997
Change In Registration CHANGE IN REGISTRATION HAS OCCURRED
Registration Number 2100767
Registration Date September 30, 1997
Owner (REGISTRANT) Games Workshops Limited CORPORATION UNITED KINGDOM WILLOW ROAD LENTON, NOTTINGHAM UNITED KINGDOM NG72 2WS
Attorney of Record Naresh Kilaru
Priority Date September 20, 1995
Prior Registrations 1922180
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. PARTIAL SECT 8 (6-YR). SECTION 8(10-YR) 20080422.
Renewal 1ST RENEWAL 20080422
Live/Dead Indicator LIVE

Seems they only have trademark for "video computer games; computer software for playing games", and are over reaching their legal limits.

[Hal G]

That is the general sentiment, but we will see. I have done panels with MCA, and she is nice and pretty laid back I am sure this is overwhelming for her BUT it needs to be done, they did not make up the word and therefore they do not own it for every section of the publishing market.

[serleran]

Two common words in a combination. Yeah. Enforce that.

If GW wins, it is a delicious blow to "IP."

[Omote]

Another reason GW should end at the bottom of the trashheap of gaming companies. They have been near worthless since the early to mid 90s. A souless hulk of a company that actively milks their biggest fans. Worthless.

~O

[Go0gleplex]

The Evil Empire Strikes Again...
They are so full of crap...

"The earliest known use of the term "space marine" was by Bob Olsen in his short story "Captain Brink of the Space Marines" (Amazing Stories, Volume 7, Number 8, November 1932)"

[Treebore]

They are full of crap. Trying to use a Trademark on a novel? That is copyright region. Not only that, as the Trademark filing I posted above shows, their Trademark only applies in the realm of video games, because of their online Warhammer game. NOTHING else. They have absolutely NO business telling a novel writer that they cannot use the term.

[Arduin]

In December Games Workshop, which has a trademark on "space marine" in the gaming context, had Amazon take down an ebook by M.C.A. Hogarth, a novel entitled Spots the Space Marine.

Amazon must have the crappiest lawyers money can't buy.

[Treebore]

In December Games Workshop, which has a trademark on "space marine" in the gaming context, had Amazon take down an ebook by M.C.A. Hogarth, a novel entitled Spots the Space Marine.

Amazon must have the crappiest lawyers money can't buy.

Yeah, quick click on the Patent and Trademark website, enter search parameters, read the Trademark, and I knew GW had no business harassing this author.

[Arduin]

Yeah, quick click on the Patent and Trademark website, enter search parameters, read the Trademark, and I knew GW had no business harassing this author.

Plus, in the U.S. TM's are narrow for words. I could TM "Space Marines" tire company but a person could still create a "Space Marines" software company...

[Just Jeff]

Amazon must have the crappiest lawyers money can't buy.

I doubt Amazon bothers having lawyers deal with DMCA takedown notices. The recipient of a takedown notice assumes no liability for their action when pulling the item, even if the claim proves bogus, so pulling the item offers the quickest resolution.

[moriarty777]

I think this is a moot point. The novel is back up / re-instated. Either GW backed down the backlash it was starting to get, or Amazon did a bit of research and grew a pair.

M

[Arduin]

Amazon must have the crappiest lawyers money can't buy.

I doubt Amazon bothers having lawyers deal with DMCA takedown notices. The recipient of a takedown notice assumes no liability for their action when pulling the item, even if the claim proves bogus, so pulling the item offers the quickest resolution.

You are quite correct.