[imager]http://www.enworld.org/newsimages/lwdlogo.png[/imager]Lone Wolf demands people stop using the term "Army Builder" in conversation
Lone Wolf Development has sent a letter to Privateer Press and others demanding that they prevent their forum users from using the term "Army Builder" in conversation, and that any such posts be edited or removed:
He goes on to say:
Lone Wolf (at the above link) denies sending cease-and-desist letters to Privateer Press:
Is Lone Wolf right or wrong? Discuss this issue right here.
[imager]http://www.enworld.org/newsimages/Crime_and_Punishment.jpg[/imager]Legend of the Five Rings 4th Edition Designer Diaries
The third of the official design diaries for Alderac Entertainment Group's 4th edition of Legend of the Five Rings has been posted here on EN World. The diaries highlight the development process, preview art, and more! This installment is titled "Correcting the Mistakes of the Past".
Here's the schedule for the full series:
Lone Wolf Development has sent a letter to Privateer Press and others demanding that they prevent their forum users from using the term "Army Builder" in conversation, and that any such posts be edited or removed:
There are two things that need to be done. First of all, improper references to the Army Builder trademark on the forums must be addressed. This can be achieved in either of two ways, or potentially a combination of both, at your discretion. The first option would be to remove such posts. Since this could appear harsh and potentially disrupt forum discussions, an acceptable alternative would be to revise such posts to utilize a generic term (e.g. “roster construction tool”, “list createor”, or “points calculator”) in place of the “Army Builder” name.
The second thing that needs to be addressed is that your forum users must be educated about the term Army Builder being a trademark and only applicable to our brand of products. This is necessary to avoid an ongoing problem and mitigate the future need for removal of improper posts. I’m sure you would also prefer that the forums continue to run smoothly and without interruption, so your assistance in getting forum users to utilize appropriate terms will benefit us all.
Privateer Press has responded by removing ALL references to "Army Builder" and using the forum filter to change any reference to Lone Wolf's product to "iBodger", their own army-building application: The second thing that needs to be addressed is that your forum users must be educated about the term Army Builder being a trademark and only applicable to our brand of products. This is necessary to avoid an ongoing problem and mitigate the future need for removal of improper posts. I’m sure you would also prefer that the forums continue to run smoothly and without interruption, so your assistance in getting forum users to utilize appropriate terms will benefit us all.
In order to comply with this request we are compelled to take immediate and drastic action. As a result of this letter we are more than happy to remove the presence of “Army Builder” from the forums as requested. As we cannot control how this registered mark might be used in every sentence and in every post we will be required to remove it from appearing on this forum. From this moment onward the phrase “Army Builder” can never appear again on this forum, in any form, so as to ensure that no perceived harm or implied dilution come to the Lone Wolf Development property of the same name. Furthermore, because past forum posts could still be referenced, in an effort to be complete we must delete entire offending threads. We know how much time and effort went in to creating all of the assets this dedicated community has made available on these forums, and we sympathize with you about the ensuing loss. We apologize for the burden and inconvenience this forced moderation places on you.
In the future, any attempts to reference “Army Builder” will be benignly changed to “iBodger”, our officially recognized and supported iPhone application for Force Creation. I thank you for your understanding in this matter.
Brent Waldher
Licensing and Contract Manager
Privateer Press, Inc.
Lone Wolf has made a couple of statements about the issue. The first reads:In the future, any attempts to reference “Army Builder” will be benignly changed to “iBodger”, our officially recognized and supported iPhone application for Force Creation. I thank you for your understanding in this matter.
Brent Waldher
Licensing and Contract Manager
Privateer Press, Inc.
"...we are legally required to police our trademarks. We don't make the laws, but we do have to abide by them. Whether you agree with those laws is immaterial."
The second statement is longer and more detailed, and explains that the issue is twofold - (1) that fans are creating "army builders" and using the trademarked term to name them; and (2) that fans are "incorrectly" using the term "army builder" in conversation to generically refer to a "roster creation tool" and asserts that:
"So what happens with internet forum sites? Does a trademark owner need to individually contact every person on a given site and convince them to use a trademark properly?* And what if an individual refuses to cooperate? How does this impact free speech? With regards to free speech, anyone is personally allowed to observe or ignore trademarks in what they say to others. However, what is said on an internet forum is ultimately under the control of the site owner. As such, when there is a problem with users on a forum site, the correct action is to contact the site owner and enlist their assistance. Site owners are obliged to assist, especially where infringement is taking place, or could be deemed as complicit and face possible liability."
*The answer to this question is "yes". It is the trademark owner's responsibility to educate the general public about use of the trademark, not anyone else's. "It's too much work, let's pass the buck" is not an acceptable answer. - ed.
He goes on to say:
The problem stems from an issue called "trademark genericization". If a trademark is allowed by its owner to become a household word that is used to generically refer to the domain of the trademark, then the trademark can be declared to have become "generic".
This is true to an extent. But an attempt to characterize "Army Builder" as in danger of becoming a "household word" seems somewhat.... optimistic. Sure, Xerox, Hoover and (to a lesser extent) Adobe may have had a point; and it happened with "zipper", "escalator", "aspirin" and "thermos" - but Lone Wolf Development?
Lone Wolf (at the above link) denies sending cease-and-desist letters to Privateer Press:
Some people have characterized it as a formal Cease & Desist letter, but it was actually a post to the admins written by me and not by our attorney.
Here is the PDF of their letter to the Forward Kommander website, from Robert A. Lippman, associate at Lemery Greisler LLC, Attorneys-at-Law, which reads:
"We are counsel to Lone Wolf Development, owner of the ARMY BUILDER(r) trademark..... Our client's mark has been in continuous use since 1998, is well known... [etc.]"
This C&D is, of course, not the same letter which Privateer Press received, and refers to an actual product using the trademarked name. The letter to Privateer Press appears merely to be an email from someone at Lone Wolf.
Is Lone Wolf right or wrong? Discuss this issue right here.
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[imager]http://www.enworld.org/newsimages/Crime_and_Punishment.jpg[/imager]Legend of the Five Rings 4th Edition Designer Diaries
The third of the official design diaries for Alderac Entertainment Group's 4th edition of Legend of the Five Rings has been posted here on EN World. The diaries highlight the development process, preview art, and more! This installment is titled "Correcting the Mistakes of the Past".
Here's the schedule for the full series:
- January 8: The Anatomy of a New Edition
- January 20: The Philosophy of 4th Edition
- February 3: Correcting the Mistakes of the Past
- February 17: Timeline Neutrality and Finding the Clan Themes
- March 3: The "Feel" of Rokugan
- March 17: Designing Skills
- March 31: Designing Advantages & Disadvantages
- April 14: Designing Schools - Bushi
- April 28: Designing Schools - Courtier
- May 12: Designing Schools - Shugenja
- May 26: Designing Secondary Systems
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