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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 tradem
by 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