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Hail to the lawyers, baby!
November 30th 2000, 19:51 CET by Andy Time for a quick update on 3DRealms' trademark shenanigans... For those who don't know, the phrase "Hail To The King" was used in an Evil Dead film. (It was also used by Elvis, and no doubt a few real kings too, but that's beside the point.) The guys at Apogee/3DR liked Evil Dead so they took the King line and gave it to Duke Nukem. Then they decided to claim "prior use" and trademark the line, which pretty much everyone agrees was a sucky legal stunt. Back in July we reported that the "Hail To The King" trademark was owned by THQ, publisher of the Evil Dead computer game, despite Apogee claiming otherwise in their intellectual property license. Apogee's Scott Miller said that although THQ's claim was listed in the US patent office database, it would be challenged by Apogee, and of course he expected THQ's registration to be overturned. Four months later, THQ's registration is still listed, but another two have turned up. Both are 'owned' by Apogee, or rather, they're owned by: "Apogee Software, Ltd. composed of the following general partner: Action Entertainment Software, Inc., which is a corporation organized under the laws of the State of Texas." They were actually filed before we covered the story in July, but weren't listed in the database at that time. One registration is for "Hail To The King" in the categories of videos and laser discs, television, "computer games provided and played through a global computer network" and "performances by a musical rock group". (THQ's registration covers the general category of computer and console games.) The other registration is for the full "Hail To The King, Baby!". It covers a huge range of products in over 30 categories, including computer games, mouse pads, magazines, children's colouring and activity books, "news sheets and news bulletins featuring computer game characters", greetings cards, newspaper comic strips and clothing. And stick-on tattoos. And bathroom tissues. And a lot more. It's not known if Apogee's challenge to the THQ's ownership of "Hail To The King" has either failed or succeeded yet, or how it's progressing. As for why Apogee believes it has a claim to the full "Baby!" line in the other categories, especially TV and video cassettes with a first use date of April 1998, that's anyone's guess... Apogee/3DR declined to comment on any of these points. George Broussard said: "We are not going to discuss ongoing business issues. These matters are simply nobody's business but ours at the moment." (In the context of the e-mail exchange yesterday, that wasn't as curt as it may appear.) If you know of any other strange or controvserial trademark/patent claims by games or software companies, let me know. Everything apart from One-Click please. :-) |
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Topic: Hail to the lawyers, baby!
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Ergo: "So if Sam Raimi decides to make another Evil Dead movie, with Bruce Campbell as Ash, he'll need to get permission in order for Ash to say "Hail to the King, baby!"? A phrase that the character Ash originated? That's pretty fucked up, you have to admit." It's only fucked up if your example and conclusion is correct, which it isn't. Scott |
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Hulka: "Also, I just submitted an application to trademark the phrase "Player Died", I'm already counting my future royalties! Bwahahahaha!!!" I know your smarter than that, but just so no one else is misled, "Player Died" is a phrase that has prior use within the game industry and also would likely fail the distinctiveness test. So, I would be shocked if this is a phrase anyone could legally trademark. Scott |
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How is my example incorrect? Are you saying that 3DR wouldn't object to the "unauthorized" use of the phrase in a new movie? You can bury readers here in a ton of legalese and ambiguities, and gently chide us on our lack of knowledge of copyright and trademark law. However, I think the point that's trying to be made here is that trademarking phrases smacks of corporate greed. I'm sure you'll disagree, Scott, but then again, you're not exactly an unbiased third-party. |
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Sigh. Ergo, I'm pretty sure your example doesn't work because the catchphrase isn't trademarked by 3D Realms for movies. And llet's all try to be sane for a moment. Why do you think 3DR used all the Evil Dead and Army of Darkness stuff in the first place? Maybe it might be because they actually like the movies? If they thought it was cool enough to rip off lines, they probably aren't going to be interested in being dicks and going to court over any future Evil Dead stuff. In my opinion, of course. Maybe 3D Realms really is a gigantic evil spider-monster, spreading its tentacles of vileness through the gaming industry and trademark offices. I don't really see it, though -- most of their decisions seem to make sense and not be motivated by a desire to screw gamers deeply and repeatedly. Unlike, say, Derek Smart. |
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The problem isn't that they showed their love of the movies by using the lines (which Bruce Campbell and Sam Raimi both have publicly denounced on the web) but that they then went and TRADEMARKED the phrase. All I see the 3dRealms here is justifying themselves by saying that other people do it and they are ok legally. Show some backbone, guys, and at least tell us why you did it and then why you would be asses by legally wrangling with a game company that's making a licensed Evil Dead product with the original character and actor, not some cheap rip-off. Not being creative enough to come up with your own lines is one thing (hey, you're hacks, no big deal. Entertainment is full of rich hacks. Good going guys.), but ripping off lines from a popular movie and then claiming them for your own and attacking a company that's licensed to use the source material? Bad juju, man. |
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I'm no expert in trademark law, I know. It just really bothers me that corporations run around trademarking everything they can these days. One can rarely read anything without encountering a TM or copyright symbol every third word. |
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I also don't think 3DR is out to screw anyone, either. I just wish they'd actually release something ;-). As for Derek, he's not evil either. His ego jusr gets in the way of his common sense sometimes. |
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DeusIrae: "Sigh. Ergo, I'm pretty sure your example doesn't work because the catchphrase isn't trademarked by 3D Realms for movies." Bingo. :-) Scott |
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The trademark doesn't cover movies? This is the "goods and services" text from Apogee's registration: IC 041. US 100 101 107. G & S: Entertainment services in the nature of the production of pre recorded video cassettes, video discs, and laser discs; entertainment services in the nature of the production of live-action and animated motion picture films for television; entertainment services in the nature of computer games provided and played through a global computer network; entertainment services, namely, live performances by a musical rock group. FIRST USE: 19980400. FIRST USE IN COMMERCE: 19980400 Suppose Sam Raimi wanted to make an Evil Dead cartoon or TV movie called "Hail To The King". Wouldn't this give Apogee the power to stop him? |
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"The problem isn't that they showed their love of the movies by using the lines (which Bruce Campbell and Sam Raimi both have publicly denounced on the web) but that they then went and TRADEMARKED the phrase." That's because we want to protect ourselves from having other game companies use this phrase. For example, let's say Raven releases a game with an action hero who says "Hail to the king" and "Come get some," etc.--that wouldn't be right, would it? Trademarks protect intellectual property that has value to the company that used it first, within a specific trademark class. Anyone who doesn't believe in trademark protect doesn't understand it. It's that simple. Without trademark protection, then I could release a game called DOOM and a drink product called Coke, and use the phrase "Just do it" to promote my line of shoes called Nike, and so on. Trademarks are the defining traits of a product or service, that allow it to be distinguished from other similar products in consumers' minds. They've been around since the USA was founded, and in other countries long before that. Patents, trademarks and copyrights, all three, are the bedrock of a entrepreneurial, capitalistic system, in which people and companies who create something can then reap the rewards without fear of their creations being freely stolen, copied or reproduced. Once again, the more knowledge you have of this system, the more you appreciate it's value over any other system yet devised. It's this system, more than anything else, by incentivising people to create innovative new products, that has allowed the US to become the most enterprising, technological leader of our world. Consumers benefit equally well via this system, whether they understand it or not...and many do not. Scott |
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I think the real issue here is that in the past 3dReams (Hulkaesque there) has taunted that they could get the Evil Dead game makers in trouble by enforcing their patent if they wanted to. --jmc ~Suck it down, baby!~ |
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Andy: "The trademark doesn't cover movies? This is the "goods and services" text from Apogee's registration: ... " Now you're getting into complex territory, known as "secondary meaning." This I will not explain, but leave it to others to learn on their own if they care. Here's a hint, though: Every line from a book or movie or any other work can not be singled out for copyright or trademark protect. The line must be made special in order to qualify for trademark protection (more specifically, for prior use protection). I'll leave it at that. Scott |
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Scott Miller "I know your smarter than that, but just so no one else is misled, "Player Died" is a phrase that has prior use within the game industry and also would likely fail the distinctiveness test. So, I would be shocked if this is a phrase anyone could legally trademark." Hey, you don't have to be snippy about it! ;) Yes, I was only kidding. God! Some people. |
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People are a little testy over this eh ? Are there that many people who really care ? Personally I don't see how one use in any way degrades the other. It's not like we are talking about some intellectual property that took years to develop, after all it's only 5 words. The litigation in this country has gone too far. There was no loss of income generated by the use of that phrase by 3dr IMO, they should let it go. |
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"There was no loss of income generated by the use of that phrase by 3dr IMO, they should let it go." Who said we were pursuing legal action against anyone? See what happens when you assume. ;-) Scott |
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>>That's because we want to protect ourselves from having other game companies use this phrase. For example, let's say Raven releases a game with an action hero who says "Hail to the king" and "Come get some," etc.--that wouldn't be right, would it?<< You are such a damn hippocrite it makes me sick. It would be as right as you guys stealing from Sam Raimi. What the fuck give YOU the right? If Raven did do that (which they won't because they can think up ideas for themselves) guess what, YOU WOULD BOTH BE STEALING. So it's ok for you guys to steal Duke's personality from the Evil Dead films, not give any credit to the people that created Ash, but if anyone else does it you will sue? Do you realise how fucking rediculous that sounds? I remember the seeing screenshots of Duke with a chainsaw that appeared to be attached to his arm. Now if Duke had just been holding on to it there would not be a problem. But the fact that the saw is *attached* to his arm (exactly like Evil Dead 2, and Army of Darkness) shows even there you are ripping off Ash from the Evil Dead movies. You guys are uncreative morons that just happen to have some money left over from a 6 year old game, and many bad console ports. You have produced not one inspiring thing in a LONG time (if ever, and that is highly questionable). So stealing ideas from some 'unknown' B-movie is the only way you can "create" anything. Now I am positive. I will not be buying DNF no matter what. Just hearing all this hippocritical bullshit from you has convinced me you guys are just uncreative, lawyer hungry gimps. And as for the nonsense about 'Coke' and 'Just Do It'. Coke was something someone originally thought of. And at least Nike wasn't directly ripping off someone elses work. It's not just the lines. When Duke says 'Hail to the king, baby", and 'come get some', it is quite obvious that the lines, and the personality was a direct rip off of Ash from Evil Dead. Before Nike, what company or movie had used the line 'just do it'? Sure in human history it has been said, but who used the line in their creative work? No one did. So this comparison has major flaws. Nike took something that hadn't been used in someone elses creative work and made it their own. You guys ripped off the Ash character and renamed him Duke Nukem. Hell, the name Duke Nukem isn't even original. You use all these bullhshit arguments about using these laws so you don't get ripped off. Funny thing is, is that YOU ripped someone off to make Duke. You can state all the copyright laws you want to. I could care less about them. I know you are nothing but uncreative thieves. |
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Charlie Wiedorhold said, I'll have sex with you if it's enough. Unf Unf! Sorry, Charlie, I don't swing that way. ;) |
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I remember the seeing screenshots of Duke with a chainsaw that appeared to be attached to his arm. Now if Duke had just been holding on to it there would not be a problem. But the fact that the saw is *attached* to his arm (exactly like Evil Dead 2, and Army of Darkness) shows even there you are ripping off Ash from the Evil Dead movies. You guys are uncreative morons that just happen to have some money left over from a 6 year old game, and many bad console ports. You have produced not one inspiring thing in a LONG time (if ever, and that is highly questionable). So stealing ideas from some 'unknown' B-movie is the only way you can "create" anything. Now I am positive. I will not be buying DNF no matter what. Just hearing all this hippocritical bullshit from you has convinced me you guys are just uncreative, lawyer hungry gimps. Fine, don't buy DNF. Spare us from your whining. ;) Duke Nukem 3D is 4 years old. I STILL PLAY IT EVEN TODAY. DN3D was fun, and basically kicked major league ass. The console ports were also fun, too. I liked Time To Kill myself. No offense, EvilE, but you sound like the Anti-Monolith trolls over Blood 2. :P |
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Hear, hear, Evilive! I don't think they "ripped off" so much as paid homage, at least in the beginning. They later trademarked the lines for games (yeah, I understand that part, Scott) because they could--trademark law allowed it, whether it was right or wrong. |
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Whatever man. Different strokes for different folks. I just think it is bullshit how they ripped off the whole Duke character from the Evil Dead films. And now they act like they should have a trade mark on all the things they stole. And on top of that they have this attitude about it like their shit doesn't stink. |
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Ergo, At first I can see how they probably were paying homage to the movies. But now they act as if they created it all themselves. And for the laws, that aspect doesn't interest me at all. Laws are fucked. You can find a loophole in any law if you dig deep enough. People get screwed every day because of laws. I am just stating that no matter what the laws are, 3DR is wrong, and highly uncreative. |
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Read my earlier post again. I'm agreeing with you on the homage thing. :-) |
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They later trademarked the lines for games (yeah, I understand that part, Scott) because they could--trademark law allowed it, whether it was right or wrong. No, we trademarked them because we were using them for marketing and advertising purposes. That's the *only* reason you trademark something and the reason we trademarked them. A couple of lines from the hundreds in the game became really popular with the Duke players and so we use that to help further identify him. And on top of that they have this attitude about it like their shit doesn't stink. I just took a shit and it stunk. And I knew it stunk. So, no... you are way freaking wrong there bub. Ergo, At first I can see how they probably were paying homage to the movies. But now they act as if they created it all themselves. No, that's not the case at all. When you trademark something you aren't saying "I invented this". That has never been the case. What you are saying is "I intend to/I have been using this to distinguish my product for marketing/advertising purposes". A trademark is not there to show who invented a phrase, it's there to protect people who want to use that phrase/image/whatever to sell their product. We have never claimed to have invented the phrase "Hail to the king, baby" and never will. We do use it to sell the game though because Duke players who have and more importantly HAVEN'T see the Evil Dead movies recognize it as a part of him they thought was cool. And for the laws, that aspect doesn't interest me at all. Laws are fucked. You can find a loophole in any law if you dig deep enough. People get screwed every day because of laws. I am just stating that no matter what the laws are, 3DR is wrong, and highly uncreative. Heh, remember that the next time a law protects you. As for our situation... we didn't even have to look for a loophole, there was no reason to. And as for uncreative, if that's the case then I assume you'll have no problem telling me what we ripped off for every line of Dialog in Duke 3D as well as all the different characters/locations/weapons/items. I can understand people who think it is in bad taste to trademark it, but to get this much vitrol over it is just plain silly and most of it is derived for ignorance. Charlie Wiederhold |
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I remember the seeing screenshots of Duke with a chainsaw that appeared to be attached to his arm. Now if Duke had just been holding on to it there would not be a problem. But the fact that the saw is *attached* to his arm (exactly like Evil Dead 2, and Army of Darkness) shows even there you are ripping off Ash from the Evil Dead movies. Do you know HOW Duke aquires that chainsaw? No, I think not. How do you know he doesn't get it off of a crazed Bruce Cambell fan who has come to kill Duke for saying "Hail to the King, Baby" one too many times? Or that he didn't pick it up off of a display for Army of Darkness IV? Or any number of things that would be A) really funny and B) give the proper credit/homage for having it there? Sure, it's great to get all pissed off about this stuff but man, I don't see how anyone can allow themselves to get so worked up over things when they *know* they don't even know half of the story/situation. Charlie Wiederhold |
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This is an honest question to the 3drealms folks. What would happen in the case that the EvilDead people wished to release a video game? I'm sure they would want to use the quotes from their films in their video game. There might already be an EvilDead game, I don't know... I'm not flaming here, I admit to not knowing trademark law and am curious. thanks |
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"I remember the seeing screenshots of Duke with a chainsaw that appeared to be attached to his arm. Now if Duke had just been holding on to it there would not be a problem. But the fact that the saw is *attached* to his arm (exactly like Evil Dead 2, and Army of Darkness) shows even there you are ripping off Ash from the Evil Dead movies." I completely agree with you on this point -- it would make me sick if DNF has Duke with that chain saw, and internally I've argued against it. Personally, I know that if DNF is released with that style of chainsaw we'll be ripped to shreds by public and press alike. Your other arguments are flawed, but I do not have time to dispute them. Scott |
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"That's because we want to protect ourselves from having other game companies use this phrase. For example, let's say Raven releases a game with an action hero who says "Hail to the king" and "Come get some," etc.--that wouldn't be right, would it?" So whoever steals it first gets it. If I stole something and called it my own, I wouldn't want someone to steal it and call it THEIR OWN. They'd be ripping me off!!!!!!!!!!! I stole it first. When you have to copyright the phrases you stole to protect other people from stealing them again, you need some originality. The only thing 3dRealms came up with on their own is the stupidest name ever (Duke Nukem), and police who are literal pigs!!!! get it?? Fucking sad. |
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Foot, there's a game called Evil Dead: Hail to the King by THQ. I think they stole the name from 3dsRealms. |
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You should look up the term "scope" mister_pianist. Charlie Wiederhold |
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[33] Johan "Hehe, didn't know you guys had a sense of humor..." You never played one of their games then... killing the energizer bunny is what got me hooked on Duke Nukem! [39] DukeNukem "I know your smarter than that" You also ought to know Hulka has a sense of humor, screw smileys. NOT jokingly, I don't understand why you guys set yourselves up for a shitstorm of negative publicity for ... what? What good is trademarking that phrase? I'm genuinely confused here. You explain the "how" pretty well, but not the "why". [47] DukeNukem "That's because we want to protect ourselves from having other game companies use this phrase... -that wouldn't be right, would it?" How would it hurt your sales? Trademarking the name "duke nukem" makes sense. Trademarking "hail to the lamer" doesn't. [50] Hulka "God! Some people." You tell 'im, Sarge! Make 'em give ya 20 (pushups that is, for the military impaired crappers) 62] Foot ...asked a question that I, too, am curious about. [63] DukeNukem "Your other arguments are flawed, but I do not have time to dispute them." That's a copout. Come back when you have more time, dude. Now, George, Scott, Charlie, you guys know I'm a long tiome DN fan who has been playing Nukem since some of these guys have been in grade school (and maybe even in diapers), and will buy dn4, but I really am a bit confused here. -steve |
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ps- 'scuse me, I have a bunch of typos to fix elsewhere... |
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"So whoever steals it first gets it. If I stole something and called it my own, I wouldn't want someone to steal it and call it THEIR OWN. They'd be ripping me off!!!!!!!!!!! I stole it first." A clear display of cluelessness at work. This is why it's almost pointless to discuss legal matters in a non-legally educated forum, people just get too confused to make any sense. Anyone want to discuss M-Theory, more specifically relating to the quantum super symmetry aspects of gravity? I think I'd find more intelligent discussion here on this topic. ;-) Scott |
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I love everybody ;) |
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Scott, you read my post exactly backwards - assumptions eh : )? I had thought that this whole mess started with 3dr being the target of a lawsuit by the movie makers - admittedly I have not really paid attention though. |
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I completely agree with you on this point -- it would make me sick if DNF has Duke with that chain saw, and internally I've argued against it. Personally, I know that if DNF is released with that style of chainsaw we'll be ripped to shreds by public and press alike. You mean that screenshot was for real? I'd always assumed it was just a funny prank someone did lampooning Duke's use of the Evil Dead material. Maybe I'll just keep on believing it was a prank, the alternative is just too lame to imagine. |
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scope n. The range of one's perceptions, thoughts, or actions. Breadth or opportunity to function. The area covered by a given activity or subject. The length or sweep of a mooring cable. Informal. A viewing instrument such as a periscope, microscope, or telescope. Look up latrociny you dumb fucking retarded robocop. |
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Hey George, two words: diet. |
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[65] mister_pianist Foot, there's a game called Evil Dead: Hail to the King by THQ. I think they stole the name from 3dsRealms. So, 3drealms representatives, I'll rephrase my previously unanswered question. When THQ got the green light to create an EvilDead game, did they have to recieve your permission to use "Hail to the King" (tm) ["Hail to the King" is a trademark of 3drealms Inc. and is used here without permission] :) |
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Scott, I am not disputing legality. I understand what you are trying to say. If Steven Seagals's immortal line from The Glimmer Man, "My friend here is a little bit country, I'm a little bit rock 'n' roll" was not specifically trademarked for use in toiletry products you could (and probably would) copyright it and put it on TP so I could wipe my ass with the "Rock 'n' Roll", and then it would be your own phrase. For toiletries. And you would be pat yourself on the back and say, "Man I invented a good phrase. For toiletries." And you'd still be a plagiarizing fucking moron. 3drealms will probably start stealing Glimmer Man quotes now because they have no fucking imagination and any direction they once had is but a memory. WELL HERE'S ONE TO PUT ON THE FRONT OF THE LIMITED EDITION TIN BOX: NO MOTHERFUCKER,I DIDN'T SAY TOMATO, I SAID TERRORISTS. |
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scope n. The range of one's perceptions, thoughts, or actions. Breadth or opportunity to function. The area covered by a given activity or subject. The length or sweep of a mooring cable. Informal. A viewing instrument such as a periscope, microscope, or telescope. Just in case you were too angry to notice it. Charlie Wiederhold |
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CharlieWiederhold whined: You think they would have used it if the British or Elvis (sometimes I have a problem telling the difference) hadn't used it first? They (Sam Raimi] didn't try to trademark it, did they? 3drealms did, and then Big George tried to pass it of as it wasn't completely stolen. Let's take a look at the math: 2 parts Wolfenstein 1 part Bruce Campbell in Evil Dead 1 part Strip Club (pure genius) ------------------------------ = Every Duke Nukem game You 3drealms boys pulled a super scumbag move there. You can't defend it, no matter how you look at it. |
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You 3drealms boys pulled a super scumbag move there. You can't defend it, no matter how you look at it. Idiot. :P |
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Idiot. :P I think this may actually mean "I like Duke Nukem, and since you don't, I don't like you." |
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You 3drealms boys pulled a super scumbag move there. You can't defend it, no matter how you look at it. Actually we can, and we have. It boils down to people just think it wasn't a very nice thing to do, which is fine. Doing it protects us from someone making a Duke Nukem clone and using the things that identify Duke the most to market it and advertise it. That's what it is there for and the reason for getting it. This way someone even slimier and scumbaggier than us can't make a blonde buff guy who wears a blue tanktop and leather pants and goes by the name as "Dude Nukum" spouting "Hail to the King, Baby!". This is the reason any trademark exists. It's not a nice reason but it is a *valid* reason. Duke is not an Ash clone, and I'll be glad to go head to head with the differences between the two guys if you like. His use of that line is nothing like Ash's even if we freely admit that it is a reference to and inspired by Ash. Yes, it is derived from Ash, but that line has become a part of identifiying Duke and who he is. Duke is not Ash, and never has been despite some people's best claims otherwise. He is the sum of a lot of different parts and Ash contributed ONE line that contributed a major role. Now, the guy who asked if THQ had to ask permission: I don't know. But I can go based off of what I know about trademarks and the situation and assume that they didn't ask and probably weren't even aware that 3DR was treating it like a trademark (thus the reason for the confusion with the multiple claims for the line). Technically if we wanted to defend it we could and would win. Scott has said that we have no intentions of going after them though, so no biggie there. Charlie Wiederhold |
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using the things that identify Duke the most People will attribute that line to Elvis or Ash before Duke. And I didn't say it wasn't a valid reason. If the trademark is approved, it's technically for a valid reason. I said that the motive sucks. You directly stole something you thought was cool, and then called it your own. You can't win on that debate. Really. When Ash says it, and the ED movies use it, it's a tribute to Elvis, and something relatively funny to say. Even when Duke says it, it's still in the cool zone. When 3drealms trademarks it, it insults where it came from, and makes you guys look like thieves. And as far as the "protects someone from making a clone" statement...I guess id should have done some better copyrighting then, huh? ;) |
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I'm just absolutely astounded at how frothing angry people get over this. And hurling personal insults over it, too? That's a great way to strengthen your arguments. Why does this upset people so much? I mean, I really don't understand it at all. There is no sense of perspective here. None. But Andy is probably having a good chuckle for dragging this out again. Oh, and mcgrew, the number of people that are so angry (frighteningly so) that they won't buy Duke Nukem Forever is miniscule. I am curious why the 3D Realms folks even acknowledge them, for all the good it does them. On Tribal War's forums, someone once said the hard core gamers are 10% of the market and 90% of its mouth. That seems about right. |
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How is it any more their work than ours? They didn't invent the phrase 'Hail to the King'. We're not the ones making a Duke Nukem game called "Army of Darkness" or "Evil Dead". It's more theirs, than yours but the trademarking of any phrase is pretty lame. I can understand protecting the name of the game but actual phrases and what not(especially when borrowed from someone else's work) should not be allowed to be trademarked. The whole idea of owning words is pretty idiotic. Someone marketing a game that uses the phrase "Hail to the king baby!" won't hurt Duke on bit. If the game is ass, it'll fail but if it's better, whether or not they used that phrase, it will do better. Words can't help or hurt, anyone that thinks they can probably has an inferior product and needs any advantage they can get. Technically if we wanted to defend it we could and would win. Scott has said that we have no intentions of going after them though, so no biggie there. That's the problem. You take the phrase from Evil Dead, you trademark it, some company makes a Evil Dead game and has to worry about being sued for keeping it true to the movie. There's something wrong with that. Sure you may not go after them now but we all know that if the franchise becomes popular, your minds will probably change. Duke Nukem 3D is 4 years old. I STILL PLAY IT EVEN TODAY. DN3D was fun, and basically kicked major league ass. The console ports were also fun, too. I liked Time To Kill myself. Yep it's still kick ass. It would be nice if there was a something like Doom95 for Duke with a true internet play mode. Ten is dead and Kali is gay. It would be nice to play Duke against some people these days. :) |
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wonder if Gracelands lawyers have heard of this argument for that matter the evil dead series is currently owned by MGM... wonder if we should drop THEM a line? hmm..who would claim copyright..or even trademark then ehh? as far as i know the line is accually copyrighted..and trademarked to the evil dead script.. now i know that it wasnt out of date when Dukenukem was first made... but mabey now the trademark may have expired before ya do much more trademarking you might want to give some of the other folks listed a call? |
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OK, since the Nike/Coke analogy wasn't too good, how about some that might be a bit better? There have been a whole bunch of movies that have titles ripped directly from other media. Star Trek VI:The Undiscovered Country and What Dreams Way Come are both lines in Hamlet's "to be or not to be" soliloquy (my argument might be strengthened if I could spell that damn word right). Does this mean that any future screen versions of Hamlet need to get permission from the people behind those movies? I don't know anything about copyright law, but I'd be willing to bet that people who do make sure that that doesn't happen. And you know, "Come get some" and "Hail to the King, baby" weren't really catchphrases per se in AoD, just random lines. Not to mention that Klaatu Verata Niktu is ripped off from The Day the Earth Stood Still, and the Necronomicon comes from HP Lovecraft. Can we all just realize that people whose job it is to think about this stuff do, and it'll all work out? |
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mister_pianist wrote: Look up latrociny you dumb fucking retarded robocop. You might be surprised to discover that knowing Latin doesn't mean you automatically win an argument. |
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