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JesseCF

Member Since 14 Jul 2009
Offline Last Active Jan 05 2014 06:25 AM

Posts I've Made

In Topic: Self Defense of a Trademark

21 December 2013 - 03:28 PM

Frob, 

 

Thanks for the advice  - like Brian said, it was spectacular and spot on. I did end up speaking with a lawyer to get some general information. Contacting directly seems unlikely to have any legal fallout. Your suggestions about tone and content of the initial e-mail were very helpful - I appreciate it. 


In Topic: Self Defense of a Trademark

15 December 2013 - 10:20 PM

Tom, 

 

I understand what you are trying to get at, but it isn't helpful. I need to know if trying to talk with this individual on my own has immediate negative legal consequences. It does not help if I'm saving hypothetical dollars that I won't ever end up getting because I spent my budget on legal so I didn't have enough to finish my latest game. 


In Topic: Self Defense of a Trademark

15 December 2013 - 04:47 PM

Servant, 

 

From what I know of trademark law from self-research, your statement is not factually correct, at least in the US. Trademarks do not need to be registered in the US in order to receive common law protection. It is the person who uses the trademark first (through product or service sale, for marketing, etc.) that is considered the owner. Registered at the State and Federal level provides "proof" of ownership; though that too can be contested if someone has held the mark for longer but not registered it. 


In Topic: Self Defense of a Trademark

15 December 2013 - 03:46 PM

 

It is an indie dev. intent on releasing applications to the mobile stores (Windows 8 store, etc. Which I am already published on). No indication if the developer is intent on releasing video games specifically.


Then there is certainly room for confusion there, and you do need to consult an attorney.

 

 

As the original post states, I do not have the funding to be throwing money into legal help right now. I am going to contact the individual myself, but I want to know if there are any obvious legal problems with doing so. 


In Topic: Self Defense of a Trademark

15 December 2013 - 03:01 PM

It is an indie dev. intent on releasing applications to the mobile stores (Windows 8 store, etc. Which I am already published on). No indication if the developer is intent on releasing video games specifically. 

 

Regards, 

Jesse


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