Sucks to Be Dave Foley...

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Haze:

--- Quote from: lilshawn on December 29, 2013, 09:00:30 pm ---i see company logos of like, Disney characters...comic book characters...etc and nobody is knocking down their doors with cease and desist notices. You know why? they aren't stirring the pot. they aren't trying to make money because of these characters.

--- End quote ---

really? there are schools around here that have been forced to paint over Disney characters (provided to them by charity workers) due to trademark / copyright issues after getting attention in local news stories*. Even if it's Snow White / Alice in Wonderland / Cinderalla you have to be very careful that they're not the Disney styled versions.

Disney is one the worst when it comes to this kind of thing over both trademarks and copyright and like to make it sound like they're doing you a favor by not just taking you to court.

The game companies are by comparison absolute angels, even EA / Blizzard.

* I have a feeling the papers contacted Disney hoping for some positive comments about the work done only to have it backfire completely.

menace:
I looked into trademark stuff (albeit north of the border) and one thing that was abundantly clear is that if you don't defend your trademark at every opportunity than it can be forfeited or at least legally challenged. So while I dislike all those disney moments where they go after little guys, I get why they do it. Failure to do so would open them up to all sorts of legal challenges by other "dave foley" types who try and get away with as much crap as they can. I gave up on trademarking a name for no other reason than I didn't want to waste my time policeing it--it wasn't that valuable..

BadMouth:
Just to clarify for those who don't have the time to read the stuff, he's never been charged with any kind of trademark or copyright infringement when it comes to the original IP holders of the games and actually did have licensing agreements with some of those companies.

He plead guilty to conspiracy to commit mail and wire fraud. The fraud being that he sold gamepacks for the ultracade as being produced by Ultracade Technologies when he no longer owned the company or had rights to the name. Global VR noticed that Ultracade gamepacks weren't selling, so they called up the distributors and found out Dave was still selling gamepacks himself instead of directing people to the new owner (and his employer), Global VR.
He was terminated immediately.

In the papers filed by his lawyer, he claims the sale to Global VR never officially went through so he's only guilty of using the name of a company which is no longer in existence. On the flip side, he also argues that he ended up paying Capcom royalties that should have been Global VR's responsibility based on the sale agreement. :lol

pbj:
That's a good summation, but I believe it was slightly more complicated. If I recall correctly, he was selling the gamepacks through a third party on E-bay. Some guy out of New Jersey?

I can distinctly remember all the "our prices won't be beat! at least $100 cheaper than other distributors!" stuff.

spoot:
Readers Digest Version: The guy is a ---meecrob---.

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