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The ColecoVision trademark

Coleco ColecoVision trademark

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#1 opcode OFFLINE  

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Posted Thu May 18, 2017 7:51 PM

I have decided no longer pursue this. I have more important things to do than waste my time disputing a name. At this point I have the support that matters, and that is the support from this community, I am not a company, I don't have or look for global domination, I am just a fucking homebrewer for a very niche community. I started doing this because I love what I do and thought others would appreciate too, not to fight legal battles. Let them have their name. We have our community, I have the community support and I will keep doing my games. As for them, I hope they find their public too.

Thanks,

Eduardo

#2 GraziGamer OFFLINE  

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Posted Thu May 18, 2017 8:10 PM

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Attached Thumbnails

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#3 128Kgames OFFLINE  

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Posted Thu May 18, 2017 9:42 PM

I'm confused: you can't say anything "ColecoVision" without it being some kind of trademark issue?  So how did 3rd party games ever use the name "ColecoVision" in the first place?  (or was there a difference back in the day, as opposed to now?)

 

And who is this dick who now owns the Coleco name?  I want to bring him misery.   ;)

 

PS does this affect the SGM 4th run I just pre-ordered (with the sweet smoky case?)



#4 TPR ONLINE  

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Posted Thu May 18, 2017 10:08 PM

I'm confused: you can't say anything "ColecoVision" without it being some kind of trademark issue?  

 

Apparently.  I, too am waiting to hear back from Coleco on a trademark issue. If you notice, the "ColecoVision Fan" Facebook page is not currently active.  I've also been made victim over something Coleco is doing.  I'll post more on that later once I have more news.



#5 opcode OFFLINE  

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Posted Thu May 18, 2017 10:31 PM

I'm confused: you can't say anything "ColecoVision" without it being some kind of trademark issue?  So how did 3rd party games ever use the name "ColecoVision" in the first place?  (or was there a difference back in the day, as opposed to now?)
 
And who is this dick who now owns the Coleco name?  I want to bring him misery.   ;)
 
PS does this affect the SGM 4th run I just pre-ordered (with the sweet smoky case?)

 
No, the 4th run hasn't been jeopardized, although there may be some cosmetic changes to packaging.
 

#6 jblenkle OFFLINE  

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Posted Thu May 18, 2017 11:26 PM

And as they say in America, "Bring it on ***hole..."  As a community, Coleco Holdings, a piss-poor immitation of the original Coleco, doesn't know who they are messing with.

 

 

No, the 4th run hasn't been jeopardized, although there may be some cosmetic changes to packaging.

 

As for the full story and names, I will start posting all the details tomorrow. And I have a few surprises up my sleeve too. Let's just say I got quite acquainted about trademarks in the past few months, and I have some surprising discoveries to reveal regarding the ColecoVision trademark. As we say in Brazil, I will give a cow not to start a fight, but I will give a cattle not to get out of one.  Especially when I know I have done nothing wrong regarding the fair use of the CV mark.


Edited by jblenkle, Thu May 18, 2017 11:27 PM.


#7 Kiwi ONLINE  

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Posted Fri May 19, 2017 5:10 AM

Trademark website said that "Colecovision" trademark been abandon since 2005.  So...  there is no need for River West Brand to go after people. 

It really sucks that the current trademark owner is harassing everyone due to expired trademark. :(



#8 SpotAnime OFFLINE  

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Posted Fri May 19, 2017 6:02 AM

I remember listening to a CAGCast in the mid to late 2000s. They used to have this guy who owned the old video game store on St. Marks in the East Village, don't remember what it was called. He had sold his store which I believe is now what is Video Games NY.

Anyway, relevant to this story, once he had sold his store he moved to Las Vegas, and on the CAGCast he said he owned the trademark to ColecoVision. That was then, don't know if that's who everyone is dealing with currently.

#9 cimerians OFFLINE  

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Posted Fri May 19, 2017 7:23 AM

He\They are nothing more than a bridge troll in my eyes. I'm all ears.



#10 opcode OFFLINE  

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Posted Fri May 19, 2017 7:46 AM

Nothing else to add. Have work to do.

#11 thevnaguy OFFLINE  

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Posted Fri May 19, 2017 8:34 AM

Great, just great.  well, just waiting for the ColecovisionTM bomb to drop on the ColecoVisionTM's Podcast :P  may be our last episode recording this weekend :P



#12 enoofu ONLINE  

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Posted Fri May 19, 2017 8:51 AM

The issue is that they also filed for the Trademark in the EU, also note they have no Acquired distinctiveness which probably is the same from the USPTO mark

"a licensing model in place where we should pay royalties and get our content approved" with no acquired distinctiveness, would be very difficult if i recall trademark law from legal courses i taken in college (Note I'm also not a Lawyer, and can't give professional legal advice) 

 

 

 

Name ColecoVision Filing number 005022661 Basis EUTM Date of receipt 17/04/2006 Type Word Nature Individual Nice classes 9 ( Nice Classification ) Vienna Classification  
Filing date 17/04/2006 Registration date 15/03/2007 Expiry date 17/04/2026 Designation date   Filing language German Second language English Application reference   Trade mark status Registered Acquired distinctiveness No ------------------------------------


#13 dj_convoy OFFLINE  

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Posted Fri May 19, 2017 8:51 AM

I knew it. I knew those guys were no better than who they were trying to get in bed with (MK). I get, to a degree, if they are trying to defend their copyright (which apparently they may not have rights to), but the reality is that homebrew games for defunct consoles do not cause confusion in the marketplace. 



#14 Ikrananka OFFLINE  

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Posted Fri May 19, 2017 8:59 AM

Oh man, what a pathetic failure this Cardillo must be.

 

Needless to say that the ColecoVision (intentionally left the TM off there) homebrew scene is awesome and I will always support you guys as much as I can.  Good luck with this issue, but it does sound like you've got it in hand.



#15 opcode OFFLINE  

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Posted Fri May 19, 2017 9:13 AM

Nothing else to add. Work to do

#16 PlaysWithWolves OFFLINE  

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Posted Fri May 19, 2017 9:17 AM

opcode, I know the thread's not too long (yet?) but you might put links in the OP to each of  your later posts for easier tracking later.



#17 opcode OFFLINE  

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Posted Fri May 19, 2017 9:19 AM

opcode, I know the thread's not too long (yet?) but you might put links in the OP to each of  your later posts for easier tracking later.

 

Sure, I will do that. Thanks! :)



#18 ColecoJoe OFFLINE  

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Posted Fri May 19, 2017 9:19 AM

I hope all this work you're doing to expose isn't taking away time from completing Donkey Kong :)



#19 enoofu ONLINE  

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Posted Fri May 19, 2017 9:33 AM

Considering that Cardillo uses other trademarks he doesn't own 

Especially the http://www.cabbagepa....com/trademarksfor commercial purposes



#20 TPR ONLINE  

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Posted Fri May 19, 2017 10:01 AM

Here is some additional reading material for you all: http://atariage.com/...-and-fan-sites/



#21 KaeruYojimbo OFFLINE  

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Posted Fri May 19, 2017 11:12 AM

Reminds me of the podcast patent troll. A guy with a shaky legal case hoping everyone will be scared and pay him rather than go through a long and expensive court battle.



#22 enoofu ONLINE  

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Posted Fri May 19, 2017 11:29 AM

 Cardillo using other people's IP probably without permission so just complain

 

expo17.jpg

"How Do I Report Potential Infringements to Nintendo Products?

To report infringing items on internet auction sites, please call us at 1-800-255-3700 or e-mail us atauctionpiracy@noa.nintendo.com

To report ROM sites, emulators, Game Copiers, Counterfeit manufacturing, or other illegal activities, please call us at 1-800-255-3700 or e-mail us at piracyscene@noa.nintendo.com

For any other legal inquiry or concern, please call us at 1-800-255-3700 or e-mail us at noalegal@noa.nintendo.com"

Cabbagepatchkids

http://www.cabbagepa...s.com/trademark

Info to contact them can be found at

http://www.cabbagepa...s.com/contacts/

Frogger

sales@konamigaming.com



#23 dj_convoy OFFLINE  

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Posted Fri May 19, 2017 12:01 PM

Reminds me of the people that think Zaxxon (or fill in the blank) is a "COLECO" game. 



#24 Ransom OFFLINE  

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Posted Fri May 19, 2017 12:38 PM

IP rights can lead to ugly stuff. I hope this comes out well for the community in the end.



#25 Jinks OFFLINE  

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Posted Fri May 19, 2017 12:44 PM

Leave coleco go atari. Let him own a name only. Why give him the time of day?





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