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Discussion: Ultracade and the Mame Trademark

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SirPoonga:


--- Quote from: Fat_Trucker on February 21, 2005, 03:09:07 pm ---A little disturbing that there still appears to have been no official response from any of the MAME team or vendors (mamemarquees, ultimarc etc) with an interest in maintaining the status quo.

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you aren;t looking hard enough.  Go read the mame.net forums.  Also we have a couple of companies that have responded to this thread. 

Trust me, Nicola should know by now what's going on :)

rchadd:


--- Quote from: pcolson on February 21, 2005, 12:06:38 am ---Looks like the filing fee is $75 for a small entity, or $300 regular.
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Thenasty:


--- Quote from: ROM: Spacenight on February 21, 2005, 02:15:53 pm ---Guess he went after DreamArcades as well.

Link

--- End quote ---

pretty soon, he might even go after people who makes SPINNERS, JOYSTICKS HANDLES, CABINET MAKERS etc.... Ahhh! put back you pacifier well you BABY Foley

RayB:

I just want to clarify for everyone about trademarks (and keep in mind IANAL, and maybe you should double-check the facts here):

 - You do not have to register a trademark to claim it as your trademark. If you use a particular "mark" for your business, you must "announce it to the world" that it is your mark, by adding "TM". Failure to do so puts you at a disadvantage in defending your mark.

 - If you register your mark, that's when you use the (R) symbol. Registration offers extra protection. And of course, you gotta use the R symbol. Failure to do so... (???)

 - As I see it, the MAME "organization" has dropped the ball in that they never used the "TM" to indicate their mark. It could be argued it's not a trade mark.

Ultracade technically IS a "multiple arcade machine emulator". If Foley hadn't been so stupid as to nab the existing logo, and had one designed for him instead, he could quite possibly get away with getting this tradmark. (I noticed in his official letter he always used "M.A.M.E." with the periods).

So will his current application get rejected? Very likely. Would a second application with his own logo get rejected? 50/50. Like I said, the MAME devs dropped the ball in not adding 'TM' to the use of the acronym.

***I almost forgot too... I have heard about some rules where it is "first to register" rather than "first to create". I do not remember if this is in relation to patents or trademarks. Could someone find out?***

~Ray B.






SirPoonga:

David Foley replied on mame.net.  An attorney replied to him.

Look at user sfsdfd.

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