Another TM officially bit the dust on Thrusday

[Patent Doc]

Well a favorite evil overlord of the forum officially provided an actual use of his registered mark of Multicade on Thursday.  Ironically that was the last day he could do so and maintain the mark originally filed under the intent to use provision of the code.  For those who don't know the character mark is identicle to the Multicade mark sold at ArcadeShop amongst others.  Basically, this was the same as the MAME issue.  What kills me is the sworn statement that he was unaware of any use by others of the mark and the convenience of his use on the last day possible with a single sale for $100.  What a jerk.  I really wish the creators of the multicade artwork would try to provoke a lawsuit with him or preferrably would have opposed his mark when that was an option.

I guess this means that i-roms will miraculously have a sale as well before 9/21.

 

[NightGod]

What the hell are you talking about? If you're going to rant, at least make some sense...

[Patent Doc]

Fair enough  I will spell it out

David R Foley of Utlracade fame, as you amy remember usurped the MAME trademark as his own back in January 2005.   He allegedly did this because machines beig sold with mame on e-bay were unfairly competing with his Ultracade which costs thousands more.  We can argue the legitimacy of this move, if you want, it is definitely playing hardball.  However, the key to any trademark is actually using it and well OWNING it.  Clearly Dave didn't own MAME nor was he using it in commerce.  He wanted to shut others down by preventing them form using the word mame in their auctions. 

In a similar move, Dave has registered the trademark MULTICADE (Serial No. 76629621) as his own.  The mark he applied for is identicle to the mark sold here http://www.arcadeshop.com/parts.htm

http://www.arcadeshop.com/pics/multicade-marquee.jpg

In both cases, in the applicatin Dave had to sign a statement that he was the originator of the mark (clearly he wasn't) and he was not aware of the use of the mark anywhere in the country (again, he was aware).

Nobody who had rights to the mark (by virtue of having created the artwork...a copyright in the drawing or use of the mark...a common law trademark) opposed the mark during the opposition period when such complaints about a mark can be put forth.  Also, as Dave had not used the mark in commerce (requirements are you must own and use the mark) he had to file his application under an "intent to use" provision.  Dave is then given 6mos from the registration of the mark to show actual use.  The last day to do so was on September 14, 2006.  Miraculously, ahem.. Dave was able to do so by selling a single machine for $100 that had the multicade mark on the machine.  Disgustingly, the proof of the tiem sold was a sales receipt to person unknown and the identical picture as shown here

http://www.arcadeshop.com/cabinets/cabinets.htm

This is disgusting.

Regarding the mark i-ROMS. I am not aware of this being unfarely taken, just disapointed that an individual with a little less greed and a greater lielihood of using it will not be able to do so soon enough.

Was this post better?  I actually didn't want to post particulars because I know Dave trolls the forum and I was hoping he forgot about i-ROMS.  My thoughts were those that were aware of Dave's past would be able to understand the post without the details.  Sorry if I confused you.

[subcriminal]

Pity there isn't a patent on cabinet design patterns, it'd make me chuckle if Namco came forward and said 'hang on fella' that looks like a fake Galaga cab'.
If I got the kind of write up's that this guy gets about the way he does business I'd be getting worried! Google will bring up all sorts of info eventually when you're looking to buy one of his products! Keep those keywords coming

[NightGod]

That makes about a million times more sense, thanks for the clarification!

Sounds like Dave is a real asshat-glad I have no intention to ever deal with him.

[hypernova]

He probably "sold" it to a friend/family/employee.

It's times like these you pray there's a "hell."  That thief needs to go there.  Fast, and without mercy.

Ya know, Foley, I bet you're a real swell guy in person.  Even if you are, it doesn't make this acceptable behavior.  Do things the right way, and stop the thieving.

Thanks for the clarification Doc.  That first post initially made no sense since I'm no lawyer, but after reading the second one, the first one was clear as day.

[Thenasty]

I told DF that McDonalds had an Honest paying job opening. He is at it again.

DF if you come here and you know you will cause this will again be a HOT TOPIC about you, I am still happy to tell you that McDonalds still has some positions available. At least it honest and you can eat all the fries you want, just don;t try to TM the big yellow "M" or you will get fired.

Do the right thing and don;t be a BIG JERK again.

[Searcher7]

Fair enough  I will spell it out

David R Foley of Utlracade fame, as you amy remember usurped the MAME trademark as his own back in January 2005.   He allegedly did this because machines beig sold with mame on e-bay were unfairly competing with his Ultracade which costs thousands more.  We can argue the legitimacy of this move, if you want, it is definitely playing hardball.  However, the key to any trademark is actually using it and well OWNING it.  Clearly Dave didn't own MAME nor was he using it in commerce.  He wanted to shut others down by preventing them form using the word mame in their auctions. 

In a similar move, Dave has registered the trademark MULTICADE (Serial No. 76629621) as his own.  The mark he applied for is identicle to the mark sold here http://www.arcadeshop.com/parts.htm

http://www.arcadeshop.com/pics/multicade-marquee.jpg

In both cases, in the applicatin Dave had to sign a statement that he was the originator of the mark (clearly he wasn't) and he was not aware of the use of the mark anywhere in the country (again, he was aware).

Nobody who had rights to the mark (by virtue of having created the artwork...a copyright in the drawing or use of the mark...a common law trademark) opposed the mark during the opposition period when such complaints about a mark can be put forth.  Also, as Dave had not used the mark in commerce (requirements are you must own and use the mark) he had to file his application under an "intent to use" provision.  Dave is then given 6mos from the registration of the mark to show actual use.  The last day to do so was on September 14, 2006.  Miraculously, ahem.. Dave was able to do so by selling a single machine for $100 that had the multicade mark on the machine.  Disgustingly, the proof of the tiem sold was a sales receipt to person unknown and the identical picture as shown here

http://www.arcadeshop.com/cabinets/cabinets.htm

This is disgusting.

Regarding the mark i-ROMS. I am not aware of this being unfarely taken, just disapointed that an individual with a little less greed and a greater lielihood of using it will not be able to do so soon enough.

Was this post better?  I actually didn't want to post particulars because I know Dave trolls the forum and I was hoping he forgot about i-ROMS.  My thoughts were those that were aware of Dave's past would be able to understand the post without the details.  Sorry if I confused you.

Ok.

Why didn't the owners of the MAME and Multicade trademarks speak up. I'm assuming they knew what Dave was doing, correct?

If that is the case, then obviously they didn't care and didn't perceive Dave as a threat worth trying to stop.

It would not have been difficult to contact the United States Patent and Trademark Office to file a complaint.

Darren

[RayB]

This can of worms was closed and buried a long time ago...
 

[_) (V) (-)]

. . .but this post helps us nu kidz understand the funny smell wafting up from it.

Thanks for the history lesson!