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Awww man, the Foley thread got locked!
RayB:
You have to demonstrate the use of the trademark in commerce (what the USPTO calls a "specimen"), otherwise the registration gets rejected. They do this to prevent people just registering all sorts of marks and names (like how domain squatters register whatever suits them for speculative motives). It would be a tangled mess with people snapping up trademarks and not using them.
Under that rule, I'd bet Foley wouldn't have been granted the TM regardless if the MAMEdevs disputed it or not. (That's assuming he didn't build an actual machine and make the claim it was available to consumers, but I don't want to make baseless accusations, so... )
And of course, IANAL ...
Hmm, who owns this "Multicade" logo? Check this out, same time as the MAME registration but wasn't abandoned until 2007:
# 76629621 http://tess2.uspto.gov/bin/showfield?f=doc&state=2iuvta.3.8
MAME, # 76627578 http://tess2.uspto.gov/bin/showfield?f=doc&state=2iuvta.3.9
"iROMS" is abandoned. Someone should register it just for giggles (# 78607197 ). ;D
davidrfoley:
Had I wanted to own the mark, I could have kept quiet until it was issued, and then no one could have fought it. Instead, as soon as the application was made, I used it to shut down illegal competition. No one contested the registration, and no legal action was taken because I approached the MAME team and offered to not only abandon the application, but also offered to pay the legal fees to get it done for them. My goal was not to "steal" the mark, but rather protect my business as many people were offering competing products without properly licensing the software and games.
Global VR didn't bother to pursue the iROMs idea. I may try and revive it once my current projects finish up.
Havok:
--- Quote from: davidrfoley on July 16, 2008, 09:20:12 pm ---Global VR didn't bother to pursue the iROMs idea. I may try and revive it once my current projects fail.
--- End quote ---
Fixed!
davidrfoley:
Very informative and useful Havok.
Havok:
Condescension is not going to make your latest business venture succeed. Enjoy playing the part whilst you can. Time will tell who was right, eh?
;)
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