Main > Everything Else
Kevin vs Foley... Whatever Happened?
GoPodular.com:
--- Quote from: pinballjim on April 21, 2007, 10:05:42 am ---He saw the legal mess that constituted MAME and tried to clean it up.
--- End quote ---
MAME doesn't violate any IP of his. He had no legal right to challenge MAME.
However, filing a trademark like he did is a federal crime:
http://www.uspto.gov/web/offices/tac/tmlaw2.html#_Toc52343954
"to the best of his/her knowledge and belief, no other person, firm, corporation, association, or other legal entity has the right to use the mark in commerce that the United States Congress can regulate, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, firm, corporation, association, or other legal entity, to cause confusion, or to cause mistake, or to deceive."
http://www.uspto.gov/web/offices/tac/tmlaw2.html#_Toc52344201
"whoever, in any matter within the jurisdiction of the Patent and Trademark Office, knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be subject to the penalties set forth under 18 U.S.C. 1001"
http://www.law.cornell.edu/uscode/18/usc_sec_18_00001001----000-.html
"shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both."
Foley knew Nicola "owns" MAME and could use/sell/grant permission for use commercially (as is currently being done). It was a pretty risky move that could have ended very bad for him. If he did have a valid IP claim against MAME, he could have sued for IP infringement. Instead he tried a round-a-bout (and illegal) method.
What he should have done is to bring the illegal cabinets to the attention of the IP owners (Namco, Capcom, Atari) and worked with them to shut down the offending auctions/cabinet sales. If he wanted to challenge MAME directly, he would have to use those guys. They are the ones that have a legal standing.
Navigation
[0] Message Index
[*] Previous page
Go to full version