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Discussion: Ultracade and the Mame Trademark

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Chris:

I don't think going to war here is the answer.  Look, the MAME team is on it... I think we should let them do what they need to do.  If foley does what he says and assigns the trademark to the MAME team, all is well.  What his original intentions are are not particularly relevant.  It may be a factor for anyone planning a purchase, but let's be honest: even if he was the greatest guy in the world, we're not his target market, so saying "we'll never consider a purcase from you" means nothing.  And if his iROMs service goes forward, that's a good thing for the community, even if we refuse to use it.

Let's all just stand down for a moment, take a deep breath and see where Aaron and Haze run with it.  If they need our help, they know we got their back.

--Chris

Crazy Cooter:

Who is going to trust this guy?  Other companies?  Please.  He committed a crime by filing the application.

Title 18, United States Code, Section 1001 makes it a crime to: 1) knowingly and willfully; 2) make any materially false, fictitious or fraudulent statement or representation; 3) in any matter within the jurisdiction of the executive, legislative or judicial branch of the United States. Your lie does not even have to be made directly to an employee of the national government as long as it is "within the jurisdiction" of the federal bureaucracy. [ripped from a site]

 :police: :police:And here is the crime in all of it's glory!! :police: :police:




Crazy Cooter:

Notice the date... merry friggen X-mas.

RetroJames:

One note, I am not a lawyer but that statement says, "I affirm....no (other entity) has the right to use this mark in commerce..blah, blah."

By the letter of the law and IP rights, maybe the mamedevs and/or the artist who made the logo do not "have the right to use the mark in commerce" meaning, maybe because they did not file first, they lost thier right (by the law).

Just playing devil's advocate here.  Lawyers feel free to chime in????

Crazy Cooter:

You can establish rights to a mark based on "legitimate use" of the mark without ever registering.  It just complicates things if some doofus tries to register it.  That creates a burdon on the USPTO system (and judicail system).  That's why the applicant has to sign the above.  The applicant faces jail/fines/both if it is determined the application was filed in "bad faith".

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