5 ms·
It's pretty funny, Warcraft and Starcraft are both blatant ripoffs of GW's Warhammer and WH40k. I even recall reading somewhere the original Warcraft RTS was to
by jzilla 14y ago
It's pretty funny, Warcraft and Starcraft are both blatant ripoffs of GW's Warhammer and WH40k. I even recall reading somewhere the original Warcraft RTS was to be an officially licensed Warhammer game. But gee whiz, I wonder why we don't see legal action brought against Blizzard?
- wisty 14y agoStarcraft rips off both WH40k and Aliens, but I think it rips of Aliens more. Plus, Aliens was released 1 year before WH40k, so it has precedence. And Aliens ripped off Starship Troopers (the book), and Starship Troopers (the movie) rips off Aliens. It's complicated. WH original and Warcaft are both simpler - they both rip off LOTR.
- Argorak 14y agoWhich, in terms of trademark, is very irrelevant :).
- Natsu 14y agoThis is a weak trademark, it has no secondary meaning that I can discern. You have marines. They're in space. Thus, "space marines." That would seem to fall under the weaker classes of trademark protection[1] and even though I have long known about Warhammer 40K, the words "space marines" do not make me (or most other people I know) think of Warhammer 40K. Personally, that term makes me think of the Aliens movie and Starcraft. They're nowhere near as famous. Of course, the problem here is that they have more lawyers and wherewithal to contest this than most. Your average person does not have the resources to make a federal case out of this and their lawyers have a perverse incentive to be assholes when trying to prop up a weak trademark claim. [1] http://www.bitlaw.com/trademark/degrees.html http://www.bitlaw.com/trademark/degrees.html
- Argorak 14y agoThis is all true and the interesting part of the story. My point is that just crying "prior art" doesn't work in trademark. Observations like yours do.
- wisty 14y agoSo, putting "Space Marine" in a title might a bad idea, but having marines in space (with or without mechanized body suits) should be fine. To reduce legal risks, you might want to call them "Space Core Maines" or "Space Marine Core".