Main > Main Forum
MAMEDev's pull auctions without MAME
KenToad:
--- Quote from: CyberPunk on June 07, 2005, 12:55:52 pm ---I just want it to be made clear so there isn't any negative publicity brought about by my posts...
Mamedevs never brought up lawsuit...it was the lack of response that kicked me into defense mode. Being fueled mostly by the community in this forum...I was feed the idea that my company name was the reason for the initial ebay attacks. After reading multiple posts on how legitimate ebay items and users were being suspended...I didn't want to get caught with my pants down.
Being that I work at a lawfirm, I simply was listening the free advise (not counsel) of one of our experts.
As the owner of serveral copyrights and tradmarks myself. I understand where mamedev may be coming from...but disaprove of the castopo tactics. They simply had to ask me to remove or reword my auctions. I would have been more than happy to comply.
--- End quote ---
Well, I don't know about others, but I would not be deterred from doing business with you guys. It seems like you resolved things very well and I can understand that you were pissed after having your auctions removed and Ebay account suspended.
I would like to personally thank you for being so open here on the forums and for raising some thought-provoking questions about how the Mamedevs aren't necessarily going to have an easy ride in court if it comes down to it. Also, the fact that you work at a law firm and actually received legal advice lends merit to your words. I think maybe Aaron Giles should heed the advice here also, which is that these tactics are eventually going to piss somebody off who doesn't think MAME is an unfinished program and will fight to the death to keep their company alive if backed into a corner.
Cheers,
KenToad
Crazy Cooter:
One thing to remember is that part of having a TM is restricting its use. The Mamedevs are doing what they legally have to. This is the second case I know of where they are working with a legitimate company to clear up the hiccups/mistakes/whatever.
Again I remind you guys what a monumental task it would be to go through ebay and read each auction. Is anyone familiar with how this is automated? I'm curious how ebay does it. I would think that ebay would send out a notice that the posted auction violated something and give 12/24 hours to "fix" it. Or does ebay just shoot it down? It might be ebays "fault" more than the Mamedevs. I dunno. Maybe there is a sensitivity adjustment or something.
Chris:
--- Quote from: RayB on June 07, 2005, 12:33:46 pm ---You all realize that a TM will not appear in the USPTO... only (R) marks.
--- End quote ---
Both Nicola's and Dave Foley's applications appear in the database I linked to.
--- Quote ---Also, you all realize, you can have the same trademark but be in a different market, and co-exist legally, right? ie: Apple the record label and Apple the computer company.
--- End quote ---
This is the category I referred to in the other thread. Nicola's application is for software, which is why he's not protected from someone putting MAME on a T-shirt, cabinet, or arcade button, for example. If you look at Ford, they'll have their trademark for both cars and related merchandise like T-shirts and such.
--Chris
monkeybomb:
--- Quote from: Chris on June 07, 2005, 01:50:51 pm --- If you look at Ford, they'll have their trademark for both cars and related merchandise like T-shirts and such.
--Chris
--- End quote ---
Didn't they also claim rights to the logo too? Would that make a difference?
Chris:
--- Quote from: monkeybomb on June 07, 2005, 01:55:47 pm ---
--- Quote from: Chris on June 07, 2005, 01:50:51 pm ---
--- End quote ---
--- End quote ---
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version