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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    To the moderators: It appears the front page news item is inciting posters who aren't bothering to read the thread, and the thread title could be contributing as well. Is it unreasonable to ask that some additional clarifications be added to the front page item to address what has transpired...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    Actually, he gave me a lot more information, but I'm electing not to go into more detail here. The reason for that is simply that I don't understand the subtleties of this stuff and won't be able to argue/defend any of the points he made to me. Since I can't do that, it's folly for me to engage...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    So very true.... There are two things we're saying, which appear to be getting conflated here. 1. Publishers of software tools/products associated with gaming cannot use our trademark as part of the name or description of such tools. If a website has a reference to such a tool on it, we must...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    I agree and this has been quite a learning experience. Suffice to say, it won't be a repeated mistake. Prior to the realization that the word "improper" was used instead of "infringing", I took exception to some of the claims being made. For example, if that one word change is made, we...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    Our IP attorney had some downtime today and got back to me on this. It seems my statement above was basically accurate. The ruling set forth a scheme that draws heavily from the DMCA framework, without calling it such. The bottom line is that the ruling clarified what forum owners should do to...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    That couldn't be farther from the truth. The product has been out for TWELVE YEARS. We registered the trademark FIVE years after we first released the product instead of right away. And we've been policing the trademark now for 7 years. The product has been the de facto industry standard...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    The message was sent privately to the forum admins, and it was not a formal letter. Privateer then elected to publish that private message on their website.
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    Doh! I accidentally deleted this segment from my previous post on this issue, so I need to circle back on this. Sorry about that. I only have the information I was given by our IP attorney. He stated that the judge's ruling established the relationship. He did not provide me with any specific...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    The Army Builder product was first released 12 years ago, back before Al Gore "invented" the internet. Technology was vastly different back then. I'm a software developer. I wrote what was essentially the original prototype for Army Builder as a tool for my own gaming group back in 1997. Local...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    Based on our IP attorney's explanation today, the ruling established that trademark rights are handled in analogous fashion to the DMCA. The site owner is not liable for any potential infringement until such time as they are notified. However, once the site owner is notified of an infringement...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    Apparently, this judge's ruling established important precedent, since it was at a high enough level to have such implications and was handed down by a judge whose court and rulings are apparently recognized as authoritative. That's the gist of what our IP attorney explained. He's been doing IP...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    I asked our IP attorney about this today. According to him, the ruling I referenced established legal precedent that forum owners are essentially liable for trademark infringement in the same manner as covered by the DMCA. This apparently occurred through the ruling establishing a similarity...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    Just to make it official, a public explanation and apology for what went wrong with my message to Privateer can now be found on our website. The link is below for anyone here that's interested in reading it. Explanation and Apology Regarding Message to Privateer Press - Lone Wolf Development Forums
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    When the message was first drafted, I had the issue of infringement completely addressed first (issue and action), and then the issue of genericization separately (issue and action). So in my mind, the two were clearly separate matters. The word was still wrong in this case as well, but its...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    I think the confusion is now resolved. Please see my earlier post (#257) about the source of the confusion.
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    I started playing miniatures games in the early 90s and the term was not used in any environment I participated in. I gamed with multiple groups across the US in the mid-90s and don't remember encountering the term. I also participated on a number of online forums focused on miniatures games and...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    The owner of a site is ultimately responsible for the content on that site. In the case of copyright issues, the DMCA includes a "safe harbor" clause that ensures site owners can avoid legal implication. However, in order to gain the benefits of the safe harbor clause, the site owner must comply...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    Once more unto the breech.... I had a very productive conversation with our IP attorney today and got clear on some important items. I'm not a lawyer, and I don't even pretend to play one on TV. So I messed up some terminology in what was intended as an informal message to Privateer. I will...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    Hey Guys, I'm not sure what more I can add to this discussion at this point, so I'm going to get some ZZZs. I appreciate the feedback from everyone, including all the bad stuff. It's definitely been one heck of a learning experience and I've got lots to talk about with the attorney tomorrow...
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    Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'

    To be fair, you did pull this quote out of a post regarding a very different aspect of the discussion. I'm not saying it's inappropriate here, but there's been a bit of quoting out of context in this matter, so I'm a bit sensitive when that happens yet again. :-) Then I need to add this to the...
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