Gamasutra: The Art & Business of Making Gamesspacer
View All     RSS
August 21, 2014
arrowPress Releases
August 21, 2014
PR Newswire
View All





If you enjoy reading this site, you might also want to check out these UBM Tech sites:


Court Refuses Preliminary Injunction In Edge Trademark Case
Court Refuses Preliminary Injunction In Edge Trademark Case
October 5, 2010 | By Kyle Orland

October 5, 2010 | By Kyle Orland
Comments
    14 comments
More: Console/PC



The District Court for the Northern District of California has refused to offer a preliminary injunction against Electronic Arts in a lawsuit around trademark infringement brought by Tim Langdell's EDGE Games.

Saying that EDGE "failed to establish that it is likely to succeed on the merits" of the case, Judge William Alsup denied the motion to stop Electronic Arts from using its Mirror's Edge trademark to market and sell the game of the same name, according to court documents obtained by Gamasutra.

The judge claims significant problems with EDGE's case, including "compelling evidence that there was no bona fide use of the 'EDGE' trademark between 1989 and 2003," and that "even after 2003, the evidence that plaintiff had been making bona fide use of the 'EDGE' mark in commerce is suspect."

The judge also grants credence to evidence presented by EA that EDGE presented doctored box art to the United States Patent and Trademark Office in order to fraudulently establish its right to 'EDGE' and related trademarks.

"The record contains numerous items of evidence that plaintiff wilfully committed fraud against the USPTO in obtaining and/or maintaining registrations for many of the asserted 'EDGE' marks, possibly warranting criminal penalties if the misrepresentations prove true," the judge wrote.

Even if Langdell's rights to the 'EDGE' name bear out, though, the judge found that EA's use of the word in the Mirror's Edge title was unlikely to cause the "market confusion" or "irreparable harm" necessary to sustain the trademark infringement claim. "It is an open question whether plaintiff's business activities legitimately extend beyond trolling various gaming-related industries for licensing opportunities," the judge wrote.

Late last year, Electronic Arts filed a related complaint challenging EDGE's right to its claimed trademarks -- and this lawsuit was part of continued conflict on the matter.

Langdell has drawn controversy for his vigorous defense of his rights to the 'EDGE' trademark in various elements of the gaming sphere. The game industry veteran stepped down from the IGDA's board of directors last year.


Related Jobs

Infinity Ward / Activision
Infinity Ward / Activision — woodland hills, California, United States
[08.21.14]

Build Engineer-Infinity Ward
Disney Consumer Products
Disney Consumer Products — Glendale, California, United States
[08.20.14]

Contract Game Programmer
Cloud Imperium Games
Cloud Imperium Games — Austin, Texas, United States
[08.20.14]

Lead Network Engineer
Cloud Imperium Games
Cloud Imperium Games — Santa Monica, California, United States
[08.20.14]

Animation Programmer










Comments


Lo Pan
profile image
Perhaps is Langdell had to pay EA's legal fees he may think twice about the mean spirited litigious nonsense.

Kale Menges
profile image
I could've sworn that the term "the mirror's edge" is a pre-existing idiom to begin with. It's not like Langdell invented the word "edge". And on top of that, using Langdell's own logic, wouldn't U2's "Edge" be able to sue HIM? I'm with the judge on this one. I think Langdell is just trying to create publicity for himself.

John Woznack
profile image
"The record contains numerous items of evidence that plaintiff wilfully committed fraud against the USPTO in obtaining and/or maintaining registrations for many of the asserted 'EDGE' marks, possibly warranting criminal penalties if the misrepresentations prove true," the judge wrote.

---

Oh SNAP!



You know your legal case against EA is in trouble when a judge comes right out and says you "willfully committed fraud against the USPTO".



If I were Langdell, I'd forget the case against EA, and start worrying about being sued by the USPTO! (Unless committing FRAUD against the USPTO isn't considered a crime. IANAL, but I would think that's a bad thing to do.)

Arnaud Clermonté
profile image
EA could have simply replied "It's too late, the game has been out for more than a year", that would have been enough to get the injunction denied.

But instead, they dug into Langdell's registrations, examined the fake or photoshopped magazine and games covers he submitted, found the originals, researched the claims, exposed all the frauds...

They're not just protecting their interests, they want to destroy this guy.

Maurício Gomes
profile image
Actually, this work was done by the IGDA members, angry at Langdell for sueing EDGE (the iPhone game).



EA took all the data that the angry IGDA and TIG people collected, and sent to the judge. There are a blog with extensive data, including that Timmy is convicted of stalking, and has a restraint order, and that in his attempts to maintain his trademark with "new" games like Mythora, some of the "cover art" of his, were actually stolen stuff from DeviantArt.



I will see if I find the link to the blog, then I post here.

Kyle Ronami
profile image
I find it quite surreal that the judge used the term trolling in his statement. Signs of the times.

brandon sheffield
profile image
Kyle, he means the earlier non-internet meme version of the word. It's trolling as one does from a moving fishing boat. leaving the line out there to just see what you catch, picking up anything you can get.

Christian Nutt
profile image
That's "trawling", brandon.



I think he means Langdell has to go live under a bridge now.

Morgan Ramsay
profile image
"Troll" and "trawl" are synonymous.

brandon sheffield
profile image
Trawling is slightly different!

Kyle Orland
profile image
I was about to post a defensive reply to this, then I realized you were talking to a different Kyle...

Kevin Cardoza
profile image
It's so weird to find myself hoping that a huge faceless corporation will crush the little guy, but I guess Langdell brings out the worst in all of us.

Maurício Gomes
profile image
The term "trademark troll" does exist, maybe the judge was refering specifically to that.

Justin Kwok
profile image
Here is the official ruling if anyone's interested.



http://tinysubversions.com/Order%20on%20Motion%20for%20Preliminar
y%20Injunction.pdf


none
 
Comment: