4 ms·

It only seems absurd becaus you don't realize that it's only the exclusive right to use those words in a commercial context to describe a product or service in

by brazzy 14y ago

It only seems absurd becaus you don't realize that it's only the exclusive right to use those words in a commercial context to describe a product or service in a specific field.

darkarmani 14y ago
> It only seems absurd becaus you don't realize that it's only the exclusive right to use those words in a commercial context to describe a product or service in a specific field. Actually it seems absurd because it is over-broad: "but also extended to published works." Are they going to try and pull the 1959 book Starship Troopers for trademark infringement?
- xsmasher 14y ago
  Doesn't Starship Troopers use the term "Mobile Infantry?" This is about the term "Space Marine" not the concept of marines in space.
  - cygx 14y ago
    The literal term 'Space Marine' is not as common as I thought, which isn't really that surpsising because if virtually all your marines operate in space, do you really need to add it to their name? However, I do believe that space marine is the most common generic term to refer to soldiers-in-space ooc (ie when discussing the archetype and not specific implementations like Heinlein's 'Mobile Infantry' - keep in mind there are actual space marines in some of his other stories, Alien's 'Colonial Marines' or Starcraft's 'Confederate Marines').
  - darkarmani 14y ago
    You're right. His earlier books used it though. The concept of space marines is a cliche in games and scify space books though.
- bunderbunder 14y ago
  No, because Starship Troopers didn't call its characters "space marines." It called them "mobile infantry."
  - cygx 14y ago
    But they are in Misfit, The Long Watch and Space Cadet.
  - milesskorpen 14y ago
    Other people were using the term though. http://books.google.com/ngrams/graph?content=Space+Marine&year_start=1950&year_end=2013&corpus=15&smoothing=3 http://books.google.com/ngrams/graph?content=Space+Marine&#3...
- deleted 14y ago
  [deleted]
drucken 14y ago
Actually in the US, which is relevant because the claim was on an Amazon US hosted product and against a US writer, Games Workshop only has the following trademarks for "SPACE MARINE": 1. Registration Number 2100767 - Goods and Services IC 028. US 022. G & S: board games, parlor games, war games, hobby games, toy models and miniatures of buildings, scenery, figures, automobiles, vehicles, planes, trains and card games and paint, sold therewith. FIRST USE: 19870900. FIRST USE IN COMMERCE: 19871000 2. Registration Number 1922180 - Goods and Services: IC 009. US 021 023 026 036 038. G & S: video computer games; computer software for playing games. There are no rights for these trademarks on books or ebooks. The reference to "extended to published works" in the BBC article refers to Europe only. In fact, the referenced lawyer even mentioned an additional high burden in the US of challenges stemming from the First Amendment. Source: USPTO Trademark Electronic Search System (TESS), http://tess2.uspto.gov http://tess2.uspto.gov Additional points from the author herself, <quote> 1. Trademark rights are limited to the territory of the government that grants them. A European trademark cannot be enforced in the US. GW can make claims in the US based on their US trademark, but their US trademark does not include Class 16, the class upon which they told me they were making their claim. 2. My e-book is not "printed matter." There is a trademark class recommended for covering e-books and other forms of entertainment like radio and television. Games Workshop’s trademarks in the US, UK and Europe do not include this class. 3. The paperback version of Spots isn’t being sold in Europe; I would have to toggle a specific distribution channel to approve Createspace’s distribution to Europe and that toggle is currently off. </quote> Source: http://mcahogarth.org/?p=9999 http://mcahogarth.org/?p=9999

by brazzy 14y ago

It only seems absurd becaus you don't realize that it's only the exclusive right to use those words in a commercial context to describe a product or service in a specific field.

darkarmani 14y ago

> It only seems absurd becaus you don't realize that it's only the exclusive right to use those words in a commercial context to describe a product or service in a specific field. Actually it seems absurd because it is over-broad: "but also extended to published works." Are they going to try and pull the 1959 book Starship Troopers for trademark infringement?

xsmasher 14y ago
Doesn't Starship Troopers use the term "Mobile Infantry?" This is about the term "Space Marine" not the concept of marines in space.
- cygx 14y ago
  The literal term 'Space Marine' is not as common as I thought, which isn't really that surpsising because if virtually all your marines operate in space, do you really need to add it to their name? However, I do believe that space marine is the most common generic term to refer to soldiers-in-space ooc (ie when discussing the archetype and not specific implementations like Heinlein's 'Mobile Infantry' - keep in mind there are actual space marines in some of his other stories, Alien's 'Colonial Marines' or Starcraft's 'Confederate Marines').
- darkarmani 14y ago
  You're right. His earlier books used it though. The concept of space marines is a cliche in games and scify space books though.
bunderbunder 14y ago
No, because Starship Troopers didn't call its characters "space marines." It called them "mobile infantry."
- cygx 14y ago
  But they are in Misfit, The Long Watch and Space Cadet.
- milesskorpen 14y ago
  Other people were using the term though. http://books.google.com/ngrams/graph?content=Space+Marine&year_start=1950&year_end=2013&corpus=15&smoothing=3 http://books.google.com/ngrams/graph?content=Space+Marine&#3...
deleted 14y ago
[deleted]

drucken 14y ago

Actually in the US, which is relevant because the claim was on an Amazon US hosted product and against a US writer, Games Workshop only has the following trademarks for "SPACE MARINE": 1. Registration Number 2100767 - Goods and Services IC 028. US 022. G & S: board games, parlor games, war games, hobby games, toy models and miniatures of buildings, scenery, figures, automobiles, vehicles, planes, trains and card games and paint, sold therewith. FIRST USE: 19870900. FIRST USE IN COMMERCE: 19871000 2. Registration Number 1922180 - Goods and Services: IC 009. US 021 023 026 036 038. G & S: video computer games; computer software for playing games. There are no rights for these trademarks on books or ebooks. The reference to "extended to published works" in the BBC article refers to Europe only. In fact, the referenced lawyer even mentioned an additional high burden in the US of challenges stemming from the First Amendment. Source: USPTO Trademark Electronic Search System (TESS), http://tess2.uspto.gov http://tess2.uspto.gov Additional points from the author herself, <quote> 1. Trademark rights are limited to the territory of the government that grants them. A European trademark cannot be enforced in the US. GW can make claims in the US based on their US trademark, but their US trademark does not include Class 16, the class upon which they told me they were making their claim. 2. My e-book is not "printed matter." There is a trademark class recommended for covering e-books and other forms of entertainment like radio and television. Games Workshop’s trademarks in the US, UK and Europe do not include this class. 3. The paperback version of Spots isn’t being sold in Europe; I would have to toggle a specific distribution channel to approve Createspace’s distribution to Europe and that toggle is currently off. </quote> Source: http://mcahogarth.org/?p=9999 http://mcahogarth.org/?p=9999