Search results

So are you saying that we should not be stopping fan-created tools from using our trademark in their names? That flies in the face of what our IP attorney has told us repeatedly. Please explain, since it's conceivable our attorney is urging us to take actions that aren't actually necessary and...

There were two issues cited and two actions that were called for. Issue #1 was the use of our trademark in the names of multiple tools created for Privateer's games (one specific example: "Warmachine/Hordes Army Builder"). Action #1 was that references to these directly infringing tools needed...

We've been doing this for years. This is the first time it's become highly visible. That's the only coincidence here.

I'll try to explain. There were two issues cited in the letter. Issue #1 was with references like "Jim's Army Builder". Issue #2 was with the use of the mark in a generic manner. The solution to #1 was to edit/remove the specific posts referencing "Jim's Army Builder". The solution to #2 was to...

The goal was to avoid getting counsel involved in this initially, since it was felt that doing so would be viewed as more confrontational than the informal message. In hindsight, that was likely the wrong choice with Privateer. Lesson learned. Beyond that, I'm not an attorney and so I am unable...

To my knowledge, in situations like this, the following sequence of events generally occur: Step 1. Communications that don't involve the attorneys. This is optional, but the approach we took with Privateer. Step 2. Communications that involve the attorneys, incorporating formal demands and...

Removing or editing direct references to tools that incorporate a company's trademark within their name always requires immediate action. Unless, of course, the company wants to risk losing the trademark through implicit consent to its use. When a forum is involved, the forum owner must be...

With regards to addressing the posts with direct trademark infringement, immediate action is always required. If someone was in the midst of vandalizing your car, would you walk up to a police officer and say... "If you wouldn't mind, could you please be so kind as to give me a hand over here...

Morrus, it sounds like you managed to conflate the two separate issues as well here. There was a demand to edit/remove posts referring to "Jim's Army Builder" and the like. There was also a demand to inform us how Privateer wanted to handle the education of its community about the trademark...

Well, I'm here to answer questions as best I can for our side of the matter. I'm not going to theorize publicly about Privateer's actions, but you've posed some questions that I've also asked myself. Thanks for keeping an open mind in this and seeking to get the facts.

Actually, we've done this for many years now. There have been multiple fans over the years who have created their own tools and named them along the lines of "Jim's Army Builder". In each instance, we have contacted them and required them to change the name to something else. This is simply the...

We never attempted to do that. What we did was inform Privateer that the user community needed to be educated on the existence of the trademark and its proper use. Nobody can make somebody stop saying whatever they want. That would be a violation of free speech. However, it was well within our...

Well, the USPTO disagreed with you in this matter. As for "army builder" being a common term long before the company existed, I invite you to provide any evidence of this. For example, you can check the archives on YahooGroups and look for the "direwolf_wh" forum. This forum was one of, if not...

The first thing that I need to make clear is that we never demanded that Privateer delete references to the term Army Builder that were used descriptively. The demand was that they edit or delete references used within the proper names of tools that were directly infringing on our trademark...

Greetings, I just noticed this thread here on ENWorld, so I figured I better make myself available to answer questions and, in a few cases, clarify matters that seem to be misunderstood. Please note that I am *not* an attorney. I've talked at great length with our IP attorney, so I know a fair...