Coleco strong-arming homebrew publishers and fan sites

[2600 Forever]

[NIAD]

Coleco is not the original Coleco.

Um, yeah, I know this.

[Andromeda Stardust]

Yes, gray is "unavailable," presumably sold, which is better for Cloaca but worse for haters who want them to fail hard and lose lots of money.

LOL. Loosely translated into layman speak as "Fowl Butthole." Fits the parties responsible to a tee.

[PlaysWithWolves]

Most casual observers will see this as COLECO protecting its brands and not dig any farther--if they even hear about the controversy in the first place. I'll grant that they've lost the DuggerVideoGames vote, though.

 

Regardless of whether or not the expo is a success, they have already failed tremendously. They are scum as business, and even worse, scum as human beings. They are a stain on the community and the planet. Any so-called "success" from this expo will never vindicate their delusions of grandeur.

[TPR]

Yes, gray is "unavailable," presumably sold, which is better for Cloaca™ but worse for haters who want them to fail hard and lose lots of money.

 

Just to make it clear, I don't want them to fail hard and lose lots of money, but I would like to see them stop being assholes to the homebrew and retrogaming community. Thankfully, for the time being they just seem to be ignoring us, which is sadly the best path for them to take right now. Because, you know, alienating lots of people who could help promote and support your brand is such an intelligent way of doing business.

[Northcoastgamer]

Maybe Dugger should take the trip with Vector Robb to the expo. Robb could film with Dugger providing some interesting commentary. Great Reality TV.

[enoofu]

Maybe we should just just use the term Berenstein Bears for anything classic Coleco and see how far we can take it

[Schizophretard]

Maybe we should just just use the term Berenstein Bears for anything classic Coleco and see how far we can take it

 

Or Berenstain Bears.

 

[DuggerVideoGames]

Maybe Dugger should take the trip with Vector Robb to the expo. Robb could film with Dugger providing some interesting commentary. Great Reality TV.

You couldn't even pay me to go there. Wait, let me rephrase that: you can pay or afford to pay me; I just wouldn't take the money or ever set foot in there. I refuse to disgrace myself or the community in doing so; furthermore, I refuse to give them a single penny of support. I'm more than happy to provide the commentary on those scumbags for you here... for free.

[Flojomojo]

Or Berenstain Bears.

 

Like Coleco, the Berenstain Bears have changed a lot since we were children. https://www.nytimes.com/2016/10/06/magazine/how-the-berenstain-bears-found-salvation.html

[DuggerVideoGames]

 

Just to make it clear, I don't want them to fail hard and lose lots of money, but I would like to see them stop being assholes to the homebrew and retrogaming community. Thankfully, for the time being they just seem to be ignoring us, which is sadly the best path for them to take right now. Because, you know, alienating lots of people who could help promote and support your brand is such an intelligent way of doing business.

That only works when you're Samuel L. Jackson. "BUY MY BEER, MOTHERF@#$ER!!!!!"

[Northcoastgamer]

This thread needs a hug, comere Dugger.

 

[Flojomojo]

I'm thinking more like

[+GoldLeader]

I'm thinking more like

 

I gave this a like because it gave me a laugh...

 

It struck me as an almost caricaturish example of people getting mad on the internet.

Edited June 25, 2017 by GoldLeader

[DuggerVideoGames]

This thread needs a hug, comere Dugger.

 

Better be virus-free!

[Northcoastgamer]

Better be virus-free!

 

 

Absolutely virus free. But it does contain a certain percentage of alcohol.

[DuggerVideoGames]

 

 

Absolutely virus free.

 

Good. I hear those ITDs can be a real bitch. "Bastard gave me the click!"

[The Evener]

Sorry for the long post --

 

RWB’s approach to trademark registration is interesting to say the least.

If you head over to the US Trademark Office, you can perform your own search of anything related to “Coleco”

https://www.uspto.gov/trademark

 

Select the TESS search engine, and then search via Word and/or Design Mark (Structured) with search term "Coleco"

From that link, just search Coleco, and you’ll get all the hits for trademarks associated with Coleco, including Coleco Industries Inc and RWB.

An interesting example is RWB’s application and registration for the mark Zaxxon. It should be the third result from the top -- Registration no. 4379079

It’s a little confusing to me since I thought Sega still retained control of the mark, but that’s another story I guess.

After you click the Zaxxon link, hit the TSDR button, and from there, hit the Documents tab. You’ll see a history of correspondence related to the application, beginning on 3 November 2012 and ending with official registration on 6 August 2013.

Take a look at the specimen submitted with the application on 3 November. It’s a photo of Coleco Industries Inc Zaxxon handheld, including box.

http://tsdr.uspto.gov/documentviewer?caseId=sn85770867&docId=SPE20121108065656#docIndex=16&page=1

????

Then look at Offc Action Outgoing on 5 March 2013. The examining attorney rejects the specimen submitted by RWB. He goes on to write:

“In this case, the specimen, described by applicant as “Zaxxon video game software and program for computer and mobile devices; and Coleco Zaxxon console with Zaxxon video gaming software and program” is unacceptable because it fails to show the applied-for mark used on or in connection with any of the applied-for goods in International Class 09. Rather, the submitted specimens only show the applied-for mark affixed to product packaging for “Hand-held electronic games” in International Class 28 and also affixed to the “Hand-held electronic games” themselves. Therefore, if in response to the instant Office action, applicant were to resubmit a substitute specimen that shows the applied-for mark used on or in connection with any of the applied-for goods in International Class 09, then the substitute specimen may be found acceptable.”

RWB has 6 months to resubmit a specimen or risk having their application rejected.

The very next day RWB submits specimen – check out Response to Office Action 6 March 2013.

http://tsdr.uspto.gov/documentviewer?caseId=sn85770867&docId=ROA20130306184022#docIndex=11&page=1

The submitted evidence of use includes an image of a video game I don’t recognize, a photo of an original Coleco Industries Inc ColecoVision Zaxxon cartridge and instructions, and what appears to be a Zaxxon video game variant for a non-CV console or computer.

???

The description of the evidence file is as follows:

“Evidence in the nature of The images show the computer and cellular games developed for the Zaxxon game. This electronic game software and program is compatible with computer, cellular devices, consoles, and handheld games. has been attached.”

Good enough? Not quite.

 

According to another Offc Action Outgoing on 28 March 2013, the Trade Mark examining attorney declared that the applicant “failed to submit the substitute specimens in the correct section of the response form, along with a proper verification in support thereof. As such, what appear to be substitute specimens cannot be entered into the record for examination.”

At this point, RWB is given the choice of submitting a specimen demonstrating using in commerce with the statement “The substitute specimen was in use in commerce at least as early as the filing date of the application,” or they can amend the application to from “use in commerce” to “an intent to use basis under Section 1 (b), for which no specimen is required.”

On 2 April 2013, RWB files a Request for Reconsideration after FOA under Section 1 (a) - use in commerce.

http://tsdr.uspto.gov/documentviewer?caseId=sn85770867&docId=RFR20130402183946#docIndex=7&page=1

In this request for reconsideration, the original images are resubmitted, plus an image of Coleco’s Zaxxon for the Atari 2600.

As far as I can tell, RWB decided to submit the specimens in the "required manner" for reconsideration, and attested that “The mark was first used at least as early as 02/04/1982 and first used in commerce at least as early as 06/01/2006 , and is now in use in such commerce. Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Evidence in the nature of The images show the computer and cellular games developed for the Zaxxon game. This electronic game software and program is compatible with computer, cellular devices, consoles, and handheld games. has been attached. An image of the Zaxxon game cartridge for use on a personal computer and emulator for other computer and mobile devises is attached.”

Based on this resubmitted information that was attested by the applicant, the examining attorney accepted the evidence and moved to issue a registration to the Zaxxon mark, which was ultimately granted on 6 August 2013.

 

Edited June 25, 2017 by The Evener

[Flojomojo]

I don't understand any of the above. :-(

 

I REALLY don't understand how "Coleco" can gain rights to a 30-year old product that is plainly marked, "The Official ZAXXON by SEGA" without SEGA having something to say about it.

[mr_me]

They can't claim any products. They could use them without permission if they are public domain, except they are not. They did the same thing with the Bumpnjump trademark. They might trick someone with trademarks but they have no actual game that goes with the trademark. The zaxxon graphics belong to sega. The actual colecovision zaxxon game software belongs to somebody unknown.

 

And there is this:

-----------------

Word Mark ZAXXON

Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer game programs; computer game software; video game software; video game programs; video game discs and cartridges; computer game software for use on mobile and cellular phones

IC 041. US 100 101 107. G & S: Entertainment services, namely, providing on-line video games and on-line computer games; providing information on on-line games

 

Standard Characters Claimed

Mark Drawing Code (4) STANDARD CHARACTER MARK

Serial Number 79129258

Filing Date March 19, 2013

Current Basis 66A

Original Filing Basis 66A

Published for Opposition June 14, 2016

Registration Number 5028981

International Registration Number 1158075

Registration Date August 30, 2016

Owner (REGISTRANT) SEGA Games Co., Ltd. Corporation JAPAN 1-2-12, Haneda Ota-ku Tokyo JAPAN

Priority Date October 16, 2012

Type of Mark TRADEMARK. SERVICE MARK

Register PRINCIPAL

Live/Dead Indicator LIVE

Edited June 25, 2017 by mr_me

[enoofu]

Yeah it looks like Sega is resolving the Zaxxon issue, RWB for some reason just want to get on the bad side of Sega and ATGames

[Andromeda Stardust]

Sorry for the long post --

 

RWB’s approach to trademark registration is interesting to say the least.

 

[...]

Based on this resubmitted information that was attested by the applicant, the examining attorney accepted the evidence and moved to issue a registration to the Zaxxon mark, which was ultimately granted on 6 August 2013.

 

Using a 1982 commercially released video game cartridge as proof of use in commerce? RWB/Cardillo is flagrantly abusing the application system.

 

 

Yeah it looks like Sega is resolving the Zaxxon issue, RWB for some reason just want to get on the bad side of Sega and ATGames

That's what happens when you get your hand caught in the cookie jar...

 

How does he pay for all these spam filings? Rap video play money???

[PlaysWithWolves]

 

http://tsdr.uspto.gov/documentviewer?caseId=sn85770867&docId=ROA20130306184022#docIndex=11&page=1

 

The submitted evidence of use includes an image of a video game I don’t recognize, a photo of an original Coleco Industries Inc ColecoVision Zaxxon cartridge and instructions, and what appears to be a Zaxxon video game variant for a non-CV console or computer.

 

???

 

 

 

LOL. They used a screenshot from Sega's Zaxxon 3D on the Sega Master System to try to get Sega's trademark! Pretty ballsy.

 

http://youtu.be/NBi1nb-IvVc?t=2m6s

 

I'm not 100% sure what's going on either, but I think they applied for the most generic version of a trademark possible (straight-up Times New Roman font w/no colors and changes) and nothing else. I don't know specifically why, but paragraph three of the aforementioned 2008 Property, intangible blog post on RWB may give a clue (emphasis, mine):

 

 

River West Brands LLC, profiled by the New York Times here, is one company that deliberately identifies unused trademarks that have strong consumer association and creates new product lines for them (see a River West PowerPoint that includes a case study for the Coleco brand here). River West’s business model is bold: it files intent-to-use applications for marks that are still active on the register and, after receiving an office action refusing registration, files a petition to cancel the mark on an abandonment theory. See River West application for BURGER CHEF and cancellation action against the Hardee’s Food Systems registrations for BURGER CHEF; River West application for MISTER DONUT and cancellation action against the Mr. Donut of America registrations for MISTER DONUT. Sometimes River West readily abandons its application upon proof that the mark is still used by the original owner (see HAI KARATE and GAINES). No River West action has yet been decided on the merits.

 

Edited June 26, 2017 by PlaysWithWolves

[godslabrat]

I'm starting to think RWB wakes up every morning, logs on to the USPTO website, and screams "LEEEEROY JENKINS!!!".

[ColecoJoe]

I'm starting to think RWB wakes up every morning, logs on to the USPTO website, and screams "LEEEEROY JENKINS!!!".

 

haha, every time my girlfriend is having a problem with a game I tell her to just "Leeeeroy Jenkins it"!!!!