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Not-So-Intellectual Property
July 1st 2000, 05:40 CEST by andy Let's hope the Apogee boys and girls are sitting comfortably, because here's a little something to stir things up... THQ and Heavy Iron Studios have unveiled the new web site for their forthcoming game based on the Evil Dead movies. The title of the game, and also the web site, is: "Evil Dead : Hail To The King" "Hail To The King" is a phrase used in the Evil Dead movies, but later adopted in the Duke Nukem games by Apogee's eponymous hero. Some people have commented that it was a teensy bit naughty of Apogee to take a line from a film and then claim it as their own -- even going so far as to register it as their own trademark, the cheeky scamps. But those people can stop worrying, because it turns out that Apogee hasn't been entirely honest with us... You see, despite what they claim in their intellectual property license, Apogee doesn't own the "Hail To The King" trademark. THQ applied for it in early February, several months before Apogee claimed ownership. There's no direct hyperlink at the moment because the application is still pending, but you can see for yourself that Apogee doesn't own it by going to this page, clicking the Free Form Search link, and then entering "hail to the king" in the search box, complete with quotes. (Note: If you use a download manager such as GetRight, you'll need to disable it for the search to work.) Update: It turns out that Apogee's IP license, published in May this year, makes a few other false trademark claims... For a start, there's no such trademark as "General Phil Graves". There's boring old "Phil Graves" (#75162460) but he ain't no General, and all three registered uses (comics, computer games and arcade games) were abandoned in August 1997. According to the trademark office, this trademark is now "dead". The "Lo Wang" trademark (#75272379) is dead too, with all four registered uses (computer games, comics, hand-held games and arcade games) having been abandoned in October 1999. And finally, it's a bit sneaky of Apogee to claim ownership of "Zero Hour". Not only was their registration (#75603132) abandoned in January this year, but the trademark is currently registered by Warner Bros (#1874656) and applies to comics. All of the informtation in this update can be verified at the United States Patent and Trademark Office web site. |
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Tell you what Scott, why don't you just slag off everybody, personal insults, or unwarranted unsubstantiated innuendo. You criticise Andy for inuenndo, and " cheap " tactics, then you show him how real a real cheap blow is dealt. You're a hypocrite. I'm so glad I got so see how a real professional operates. Most people post under an alias, the people working in the industry post under thier own names because they're proud of what they do, and they can expect respect from the community they serve. You should try an alias, because after this any signature will get you more respect than " Scott Miller, 3D Realms" |
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I think Ian articulated my thoughts about at least part of this - yes, 3DR may indeed legally own "hail to the king" and so on. But, that doesn't mean it wasn't blatantly lifted from AofD (and here I mean lifted artistically, rather than legally). I'm perfectly willing to admit that I know nothing about IP law, but what turns me off to 3DR in all this is (a) they absolutely ripped off someone else's work and then went out and copyrighted it, and legal though that may be, it's shameful artistically, and (b) if anyone should be posting on messageboards with a "3D Realms" after their name, it should be Charlie, as he wouldn't reflect on the company so badly. Despite the many millions of lurkers that have e-mailed Scott with words of encouragement for 3DR and personal insults for Andy and other ignorant idiots who want a better explanation of these matters, I daresay actual posters don't seem to be quite as impressed. -brennan |
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Hey Tom, there are about 16 other people at this company who might want your money if the product is good. Just a thought. Kevin: I doubt Andy contacted Scott or THQ, he normally points out that he has contacted somebody in his stories when he does (like the Evil Avatar story). Looking at the timing of the trademark applications by both companies it looks to me that 3DR and THQ both applied around the same time for "Hail to the King", with THQ just barely beating out 3DR by a few weeks. 3DR clearly has the legal right to that trademark and so it really isn't a big deal if THQ beat them to the punch on trying to get it registered, it would be pretty simple to over turn it and claim it. 3DR has the application in for "Come Get Some", but not "Hail to the King". Both of those fall under the same category and so it seems pretty logical that the timing of applications was what caused the "Hail to the King" one to go through first for THQ instead of 3DR. Charlie Wiederhold |
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Scott, I'm becoming increasingly puzzled by your actions. You spend a great deal of time posting personal attacks against people who you feel aggrieved by, but you will not answer yes/no questions that are intended to get to the heart of the matter. This makes me think that you intend to confuse, rather than clarify. You complain about people not understanding points of law, or allegedly lying about your company, but when a story reports factual information from an official source you make the same complaints with the same ad hominem aggression. This gives me the impression that you are concerned only with preserving your company's image, regardless of truth. You say that PlanetCrap stories about Apogee are biased, but when you are contacted in advance you don't reply. It's hypocritical of you to complain of one-sided reporting, and then to stay silent when asked for your opinion. I've remained civil in my communication with you, and I've made every reasonable effort to discuss the issues that concern you, but you respond abusively. When you say there has been a misunderstanding, I try to clarify your position, but you respond with insults. If you feel any future PlanetCrap stories about Apogee are inaccurate then I would welcome a calm discourse based on the facts. But if you can only defend yourself with insults and offensive behaviour, you will get no sympathy from me. I hope this makes my position clear. There is no need for the aggression you have demonstrated recently, and I wish to play no part in it. |
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Charlie, we have applied for TM's for both "Hail to the king" and "Come get some." The impetus for this was Tribes use of "Come get some" in their ads a while back. It just took us and our attorneys a while to put together the "specimens" needed to register these marks, showing prior use dating back to 1996, giving us undeniably superior rights (or so our attoneys tell us). I doubt we'll pursue THQ for ED's use of Hail to the king as their game's subtitle, because like everyone else we're fans of that series and we do not care if they use it because the movie used it also. But we will not let anyone else use it. Also, the fact that they're using Hail to the king in their game's name will result in more talk for Duke, so really they're doing us a PR favor. Finally, inside word is that the game is a stinker, so it's not like we're worried about it stealing sales from DNF. ;) Scott |
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Enough with the trademark crap. 3DR juts needs to release DNF damnit! :) |
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Andy: "You say that PlanetCrap stories about Apogee are biased, but when you are contacted in advance you don't reply." Hee hee, nice one. But the truth is you only contacted me once before posting one of your recent rants, back when you had your chicken little story about our online agreement, and I gave you an answer -- but like anything else anyone tries to drill into your steel trap of a head, you ignored it, didn't comprehend it, or worked out some way to press on with your idiotic argument by going around it. Scott |
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<b>#80</b>, Scott Miller, 3D Realms: <QUOTE> we have applied for TM's for both "Hail to the king" and "Come get some." </QUOTE> Could you please explain why your application for "Hail To The King" does not appear in the USPTO database, but THQ's application does? (The database was last updated: Sat Jul 1 04:10:35 EDT 2000) <QUOTE> Hee hee, nice one. But the truth is you only contacted me once before posting one of your recent rants </QUOTE> I have contacted you three times. The first time was to check that it was really you posting in a previous thread, because I felt it may have been a hoaxer trying to damage your reputation. You replied abusively. The other two times were to request your comments on a PlanetCrap story. You did not reply either time. |
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Jesus, Scott, the level of your immaturity is astounding. You sound like some whining kid yelling at everyone for making fun of you. Calm down and grow up. |
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<b>Wieder:</b> <quote> Hey Tom, there are about 16 other people at this company who might want your money if the product is good. Just a thought.</quote> Sorry Charlie - can't speak for the rest of the world, but Miller and Broussard have fucked up <i>my</i> £40 for the other sixteen. Take it up with them, not me. Besides, whatever the situation, I can guarantee you that <i>I</i> want my money much more than anyone else does :) |
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<quote>Finally, inside word is that the game is a stinker, so it's not like we're worried about it stealing sales from DNF. ;)</quote> Oh that's a nice thing to say in a public forum. Jesus ... |
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I thought the point of planetcrap was to be able to air out any "crap" you wanted, and leave the nice applesauce conversations on other message boards. I'm wrong?? Desiato |
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<b>#83</b> "Andy" wrote... <QUOTE>Could you please explain why your application for "Hail To The King" does not appear in the USPTO database, but THQ's application does? </QUOTE> That's part of what I asked in 14, Scott's only answer was that (and I quote) <i>I do not have time to answer every IP law question here in sufficient detail to ward off continued questions</i>(then some rabling about half names that really didn't apply), odd he has the time to call you and dumb ass every chance he gets but doesn't have enough time to put an end to it. O BTW I guess this could count as an explaination <i>It just took us and our attorneys a while to put together the "specimens" needed to register these marks, showing prior use dating back to 1996, giving us undeniably superior rights (or so our attoneys tell us)</i>, in that case Scott you might want to kick your attorneys in the ass come get some was registered in January and hail still hasn't been entered for 3DR. <b>#80</b> "Scott Miller, 3D Realms" wrote... <QUOTE>I doubt we'll pursue THQ for ED's use of Hail to the king as their game's subtitle, because like everyone else we're fans of that series and we do not care if they use it because the movie used it also. But we will not let anyone else use it. </QUOTE> Good to know, I finaly got an answer to some thing. O and remember the candy bar thing from 14 this ones even weireder. <i>IC 016. US 002 005 022 023 029 037 038 050. G & S: bathroom tissues. FIRST USE: 19960500. FIRST USE IN COMMERCE: 19960500</i>, bathroom tissues (yes it's Apogee Software's). <I><B></B></I><I></I><I></I> |
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Another Hulka Prediction comes true! Scott Miller is posting once again! =============================== Have your men comb the desert. Troop three with the giant Pick "We ain't found Shit!" |
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<b>#86</b> "Warren Marshall" wrote... <QUOTE>Oh that's a nice thing to say in a public forum. Jesus ... </QUOTE> Gotta love the industry. (Which is in reference to the last line of post #80) -- Dethstryk Damage Gaming |
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here's some suggestions for other cherished quotes from respected movies that i'm sure we'd all love to see referenced in DNF (i apologize if these have already appeared in prior duke nukem games, it's hard to keep track): "i'll be back." "you know what the difference between me and you is? i make this look good." "there can be only one." "gravy" "keep away from my special lady friend, ok?" "step outta your busted-ass vehicle." "if i'd been drinking out of the toilet, i might've been killed." it goes without saying that these quotes are pretty forgettable and narrow until they're blessed by inclusion in a duke game, at which point all the value in them is instantly generated. my advice to 3drealms is to throw these quotes (and others, by all means, don't stop here) on t-shirts and game boxes as soon as possible. remember, IP theft isn't a total walk in the park these days, you've gotta think about material prior use. |
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<b>#87</b> "Desiato" wrote... <QUOTE>I thought the point of planetcrap was to be able to air out any "crap" you wanted, and leave the nice applesauce conversations on other message boards. I'm wrong?? Desiato </QUOTE> You are 100% right and the ED game clearly IS a stinker. Anyone see those screenshots, or the shovelware dev schedule (8 mos.) 3DR is a privately held company and as such they can say whatever they hell they want as far as I'm concerned. If you think that Miller/Broussard et al are damaging their revenues with their actions... THEN SO WHAT? You aren't a shareholder so how does this affect you again? Oh right TomC I forgot, having to play through DNF being haunted by the memories of all the nasty posts will ruin the experience for you. - [g.man]<I><B></B></I><I></I><I></I> |
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Heh. Nice post, Captain Sarcasm. It sounds like a fun game to me, so may I offer a few of my own for 3DR to steal...er, make into a famous corporate slogan: -"Frankly, my dear, I don't give a damn." -"To be, or not to be..." -"Duke, I am your father." -"Thou shalt have no other gods before me" -"Hey, you sass that hoopy Duke Nukem? Now there's a frood who really knows where his towel is." Clearly, using them in a Duke game is what will give them recognizability. I say it would be a crime if 3DR *didn't* copyright these! -brennan |
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<quote>Sorry Charlie - can't speak for the rest of the world, but Miller and Broussard have fucked up my £40 for the other sixteen. Take it up with them, not me. Besides, whatever the situation, I can guarantee you that I want my money much more than anyone else does :)</quote> I'm sorry but that's just as lame to me as people leaving PC because of Seth. Scott and George aren't supporting a political cause that you disagree with by using the money they make from their games to fund those causes (which is the standard reason why people will boycott a company). You just don't like the way they act on a forum. Cry me a river. The only level of respect I think a company owes it's customer is in the product it provides the customer. Maybe once we can get more companies to be concerned about even <b>that</b> we can move on to upping the "feel good" nature of the industry and get it so everyone can play in the roses and put on happy shiny faces. This is a forum, you'll get people from all walks of life in here who act and respond to things different. Disagree with them? Fine. Talk about it or yell at them about it. However don't pass up on a potentially great game that an entire team worked on because either Scott or George was too abrassive for your tastes in a stupid forum. <quote>Could you please explain why your application for "Hail To The King" does not appear in the USPTO database, but THQ's application does? (The database was last updated: Sat Jul 1 04:10:35 EDT 2000)</quote> Correct me if I'm wrong but only one application for a specific trademark can be going at once, right? THQ got the application in first. Fine, it's up to Apogee now to contact the appropriate people and get it overturned as they are the group with the legal right to that trademark. That's why those trademarks stay in the "applicant" process for a couple of years waiting for people to challenge them. "Hail to the King" in the manner it is used by Apogee is Apogee's trademark, registered or not. Just because THQ has applied for the trademark does not mean they own it or have the right to use it. There are quite a few trademarks that people use/own but aren't registered. I could go apply for them and then the proper owners would have the standard amount of time to challenge it (and they would win). Charlie Wiederhold |
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<b>#72</b> "Scott Miller, 3D Realms" allowed this bilge to spill out of his keyboard <QUOTE>As I said, I do not have time to answer every IP law question here in sufficient detail to ward off continued questions. I'm not the Shell Answer Man, okay? ;-) </QUOTE> Fine - point taken. However, instead of posting this: <quote>I have to just ignore such blatant misunderstandings of IP law (I'm not going to bother correcting certain people's lack of education on this subject), much like I ignore Andy's further dumb, spin-loaded comments. I.e., Andy writes as if to prove some point, "For a start, there's no such trademark as "General Phil Graves". There's boring old "Phil Graves" (#75162460) but he ain't no General..." </quote> You would have been better served posting something more along the lines of: "I don't have time to go into it in detail but if you do some research on your own [perhaps a link would go here] you can find out for yourself." But as I said, you didn't do that. <I><B></B></I><I></I><I></I> |
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After which Andy would be revving up the backhoe to tear Scott a new asshole for not giving *enough* information. We've seen it already. That is why that wouldn't work. Desiato |
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http://www.ggmark.com/protect.html Please read this page (Andy and others), it will help you to understand why Apogee can claim "Hail to the King" as a trademark even if it's not registered. The important part of the page is this bit though: <quote>Unregistered marks are protected at "common law" in the U.S. -- marks need not be registered to be recognized and enforced. Nonetheless, marks registered with the PTO have advantages over unregistered marks. These advantages, which inure to the registered trademark owner, include: The ability to bring actions for trademark infringement in federal courts, as well as state courts; Eligibility for up to treble damages in a successful trademark infringement action; A presumption that the registered mark is valid; A presumption that the owner of the registration owns the registered mark; A presumption that the registrant has exclusive rights to use the mark in commerce; A presumption that the registered mark is not confusingly similar to other registered marks; The ability to file applications for registration in other countries, based upon the U.S. registration; The ability to prevent the importation of goods bearing infringing marks, by recording the registration with United States Customs.</quote> You don't have to have a trademark registered to use it, claim it, or defend it. It will however make it a lot easier for you to defend if you have it registered. There is a lot more information on that page that would be useful to you to read so you can better understand the situation and it took a whopping 10 minutes for me to find the information. Again, I think that THQ beat Apogee to the punch on trying to register "Hail to the King". Apogee merely needs to challenge it to gain control of the register of the trademark. Charlie Wiederhold |
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<b>#96</b> "Desiato" wrote <QUOTE>After which Andy would be revving up the backhoe to tear Scott a new asshole for not giving *enough* information. We've seen it already. That is why that wouldn't work. </QUOTE> True, but then Andy would be the only one looking like an asshole. <I><B></B></I><I></I><I></I> |
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<b>#94</b>, Charlie Wiederhold: <QUOTE> THQ got the application in first. </QUOTE> Yes. This means that Apogee has not applied for the trademark, and Scott's comment in post #80 was untruthful. (He said Apogee has applied for it.) |
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This is really sad. Scott explains that based on use and ads and t-shirts.. that Apogee has the rights to certain phrases. Now myself and Another person have corraborated that WE both own t-shirts that were made well before Duke3d was released that have these self-same phrases on them. Proving that The Movie and its merchandising was first. Scott.. I think your listening to your lawyers way too much. I bet they are feeding your mind with thoughts of we register these lines and we are guaranteed money from this.. blah blah... "Scott, Its a sure thing. I will win this case and all those lines will be under Apogee!" Fact. These lines were in a script copyrighted before AOD was released.. they were used in several 2 Movies. ED 2 and AOD. These both came out substantially before DNF.. Giving the company who developed The PRIOR CONSENT and ownership. Your posting that as fans your going to be magmanimous and allow THQ to right to the phrases because... Your fans of the series? Um.. Please.. Give me a break. The game is based on a series of movies that came well before Duke3d. This popular series of movies. Also had t-shirts printed up with many of these phrases on them. The fact is you don't own these lines. Never have.. and it looks seriously like you never will. You could be a heartless bunch of bastards and sue THQ and hope that your high-powered lawyers fees would scare THQ into settling and in doing so eating into the potential profits of the new game. Only problem.. is that THQ is a little bit bigger than your company..... and has deeper pockets. That they beat you to the registering of that line.. is also VERY VERY important. They were first.. you were not. Not to mention the public outcry against your company if this came to light would damage 3drealms reputation. As mentioned before.. there are many Evil Dead Fans... and all it would take is a couple of interviews showing those lines being uttered in the movie.. a couple of shots of t-shirts with the lines printed on them.. and the Public would point at 3drealms and say.. God what a bunch of jerks. Parodying lines from other forms of entertainment... does not automatically mean.. (a movie,Book,Play,TV show) that you now own those lines. That's why parodying is allowed.. its totally free. Try and steel some of the lines from Steinfield use them.. and then try and register them as your own... and watch how fast you would get sewed... You wouldn't be able to afford it. My suggestion.. IF your as creative as you say you are.. CREATE ALL NEW ORIGINAL LINES... OR is it that hard for the great 3drealms to be able to handle that? Or do you need some writers to steal from? |
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<quote>Yes. This means that Apogee has not applied for the trademark, and Scott's comment in post #80 was untruthful. (He said Apogee has applied for it.)</quote> No, it means they applied for it first. I'm sure Apogee put in the applications for their trademarks at the same time for "Come Get Some" and "Hail to the King", "Come Get Some" came through... "Hail to the King" got stopped because somebody else already had an application in for it. It's up to Apogee to then challenge it and claim proper right to the register. Charlie Wiederhold |
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Reuben, please stop posting about this topic before you sprain your brain, and mine. |
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<b>#97</b>, Charlie Wiederhold: I'll go and look at the page you mentioned but don't expect me to get into a debate about whether Apogee or THQ has a rightful claim to the trademark. That is a matter for the two companies and their lawyers. |
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<quote>I'll go and look at the page you mentioned but don't expect me to get into a debate about whether Apogee or THQ has a rightful claim to the trademark.</quote> In order for any debate on this topic to work you have to operate under the assumption that Apogee has proper right to the trademark of "Hail to the King" for video games and similar properties. - You don't know if Apogee has or has not applied for the trademark, you only know that THQ is the current listed applicant. - You stated that Apogee falsly claims certain trademarks on their IP license that they have no right to claim just because they aren't currently registered (which goes against how trademarks function). - You state that Apogee does not own the trademark. If you mean that they don't have it currently registered, then you are correct. However registration does not imply ownership. Even registered trademarks are contestable for the first five years. You entered a debate on whether Apogee has a rightful claim to the trademark or not the moment you accused them of falsly claiming ownership. Charlie Wiederhold |
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<b>#101</b>, Charlie Wiederhold: <QUOTE> <quote>Yes. This means that Apogee has not applied for the trademark, and Scott's comment in post #80 was untruthful. (He said Apogee has applied for it.)</quote> No, it means they applied for it first. I'm sure Apogee put in the applications for their trademarks at the same time for "Come Get Some" and "Hail to the King", "Come Get Some" came through... "Hail to the King" got stopped because somebody else already had an application in for it. It's up to Apogee to then challenge it and claim proper right to the register. </QUOTE> Apogee's "Come Get Some" application was filed on the 18th of January. THQ's "Hail To The King" application was filed on the 3rd of February. If Apogee had filed for "Hail To The King" at the same time as "Come Get Some" then surely their application would now be on the database and THQ's wouldn't? |
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<b>#101</b> "Charlie Wiederhold" wrote... <QUOTE> No, it means they applied for it first. I'm sure Apogee put in the applications for their trademarks at the same time for "Come Get Some" and "Hail to the King", "Come Get Some" came through... "Hail to the King" got stopped because somebody else already had an application in for it. It's up to Apogee to then challenge it and claim proper right to the register. Charlie Wiederhold </QUOTE> Come Get some was applied for in January, Hail to the King was applied for in Febuary by THQ. Had they been done at the same time THQ's application would have been held up if "get some" and "hail" where applied for at the same time. O and if Reuben's comments about the T-shirts are ture the movie creaters would have prior use in commerce (THQ could then say they bought the right to use the line from them, and thus had the right to register a trademark on a game as a tie in product), again making it a stick situation. My perdiction would be that USPTO would just say nobody had the right to register, and since scott has said they have no intention of taking them to cort over it (the only way to detemon right to use with no registration), that would remain unsoved untill some one pushed it. I'd like to keep my eye on this one. <I><B></B></I><I></I><I></I> |
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<quote>Apogee's "Come Get Some" application was filed on the 18th of January.</quote> My confusion on that point. I read the first "Come Get Some" application which stated a date of "Feb. 22nd" and almost all of the other listed trademarks in the license agreemnt which fall near the end of February, and applied it to the other "Come Get Some" as well. That's all the speculation I can offer, it's up to Scott at this point. "Come Get Some" and "Hail to the King" fall under the exact same problems/issues, so one without the other doesn't really matter. Charlie Wiederhold |
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kinda interesting tidbit from the <a href="http://www.uspto.gov/web/offices/tac/doc/basic/basic_facts.html">USPTO</a> <QUOTE> There are two related but distinct types of rights in a mark: the right to register and the right to use. Generally, the first party who either uses a mark in commerce or files an application in the PTO has the ultimate right to register that mark. The PTO's authority is limited to determining the right to register. The right to use a mark can be more complicated to determine. This is particularly true when two parties have begun use of the same or similar marks without knowledge of one another and neither has a federal registration. Only a court can render a decision about the right to use, such as issuing an injunction or awarding damages for infringement. It should be noted that a federal registration can provide significant advantages to a party involved in a court proceeding. The PTO cannot provide advice concerning rights in a mark. Only a private attorney can provide such advice.</QUOTE><I><B></B></I><I></I><I></I> |
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ooh, know what i just remembered theres a evil dead game for c64 that uses horrible, horrible c64 synthisized speech (near impossible mission style), and i could of sworn he said come get some, but I know he said hail to the king. gonna go look for it on lemon64 and some other c64 emu sites. this might throw a wrench into your trademarks woadie. |
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http://www.lemon64.com/reviews/evil_dead.html :O |
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Correct me if I'm wrong, but wouldn't this company that is making the ED game have a right to sue Scott and/or 3DR now because they have slandered their game? "I hear it's a shit game anyways..." (paraphrased). To quote (Scott I think) from earlier "That it potentially damages their business" from this game? |
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#111, I think some of the 3DR guys have been childish but comon, don't get into that. Everyone has a right to their opinion, or maybe everyone should just sue everyone when their feelings get hurt. |
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Even if Scott "hears" that ED is a shit game I hear that DNF is just a figment of my imagination that happened when I saw a Daikatana screenshot very, very, late at night and misread the caption. For somebody who's company hasn't come out a decent game in five years, Scott sure talks a lot of shit. |
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No, with Charlie and Greenmarine onboard, I'm sure they'll make a great game. I just don't like this caustic attitude... How can he bash id for Christ's sake? They make ENGINES and 3dr just licenses! |
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superion: "horrible, horrible c64 synthisized speech (near impossible mission style)" this is the blasphemy police.. keep your hands where i can see them and step out of the vehicle.. next thing, you'll be saying "bad dudes" and "blades of steel" for NES had bad synthesized speech. "anuver vijitor? shshtay awhile! shshshshtay forEVVAH!" |
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<b>#114</b> "MCorleone" wrote... <QUOTE>How can he bash id for Christ's sake? They make ENGINES and 3dr just licenses! </QUOTE> I guess I missed it, but who was bashing ID? anyways, having an existing engine allows the developers to create a richer game (IMO)... take a look at Half-Life compared to Quake/Quake2, from which HL takes its' engine (with some tweakage)<I><B></B></I><I></I><I></I> |
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Charlie wrote: "'Hail to the King' in the manner it is used by Apogee is Apogee's trademark, registered or not. Just because THQ has applied for the trademark does not mean they own it or have the right to use it. There are quite a few trademarks that people use/own but aren't registered. I could go apply for them and then the proper owners would have the standard amount of time to challenge it (and they would win). " Dang, Charlie, have you been sneaking in to my office and reading my IP law books? ;-) What you said is a great paraphrase of what one of our attoneys said of this matter. Oh, and to Hulka, I do not understand your bold prediction...I never said anywhere that I was gonna stop posting here. I'm having a lot of fun watching the train wreck that is Andy, and how many ways he can try to circumvent the facts that work against his claims. Seriously, though, I do not have the time to respond to everyone, so I end up leaving a lot of stuff festering, but that's the way it goes. Let God sort 'em out. Scott Scott |
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Take into account the hardware advancements in the years between Quake and HL... If Carmack could have done the stuff in HL at the time of Quake, he would have. |
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<b>#116</b> "Darren" wrote... <QUOTE>I guess I missed it, but who was bashing ID? anyways, having an existing engine allows the developers to create a richer game (IMO)... take a look at Half-Life compared to Quake/Quake2, from which HL takes its' engine (with some tweakage)</QUOTE> In once thread scott came down on id for releasing another Doom game.<I><B></B></I><I></I><I></I> |
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Yeah, he said something like "They're remaking Doom for the fifth time." - Meaning that he regards the Q's as Doom clones... |
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Andy: "Yes. This means that Apogee has not applied for the trademark, and Scott's comment in post #80 was untruthful. (He said Apogee has applied for it.)" As much as I hate to respond to you, or answer any of your never ending follow-up questions, I will put an end to this one... We have in fact applied for the Hail to the king trademark. I have no idea why it's not appearing on the gov's database, but I'm not at all surprised. Perhaps it's because THQ applied first, and so not Apogee's attorneys are having to prove prior use -- something that Charlie was able to deduce, but then Charlie is a very smart guy. Oh, and Charlie, I think our company trip to DisneyWorld and Universal Studio after DNF's release will make up for the 10 to 20 lost sales caused by George and myself having a big mouth on PC. ;-) Scott |
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<b>#119</b> "None-1a" wrote... <QUOTE> In once thread scott came down on id for releasing another Doom game.</QUOTE> hmm... well, I guess I can understand that. Lets see.. doom, doom2, ultimate doom, final doom, win95 doom, tnt, plutonian. and that's not counting the quake series as clones (which I don't count them as clones). Plus, I might even throw in Heretic and to some extent Hexen. I'm not saying I'm not looking forward to Doom(version whatever), just that I can see Scott's point :)<I><B></B></I><I></I><I></I> |
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...or the company-paid trips to strip-clubs for "research"... "Her hips aren't gyrating quite right. Baby, can you do that again... slowly?" |
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RubenR: "This is really sad. Scott explains that based on use and ads and t-shirts.. that Apogee has the rights to certain phrases. Now myself and Another person have corraborated that WE both own t-shirts that were made well before Duke3d was released that have these self-same phrases on them. " Hey, if you're right, then THQ or whomever just needs to prove it, and that will prevent us from registering the phrase, simple as that. I'll guess over the next 6-8 months we'll find out. Scott |
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Darren: In the immortal words of Pink Floyd's "Drool on you Crazy Fanboy" "Drooool on, you craaaaaaaazy fAaaaaannboy..." |
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