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Coleco strong-arming homebrew publishers and fan sites


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#51 _The Doctor__ OFFLINE  

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Posted Fri May 19, 2017 4:18 PM

I figured you wanted a walk thru enjoy!

 

 

selling expired or previously sold marks is frowned upon btw...

 

If it fails to appears in the online listing you have a problem with your filing...just because you filed and paid doesn't mean it's yours. USPTO atty can do things you don't like... and in this case... I suggest in dispute to file it the correct way and verify it in the online database.. whoever does this first wins... make sure you have your product lineage and historical data available.. they don't waste time, they just take money..


Edited by _The Doctor__, Fri May 19, 2017 4:27 PM.


#52 tonyankyfan1 OFFLINE  

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Posted Fri May 19, 2017 4:19 PM

As a member of atariage and a FB member of colecovion fanatics, i am disgusted w the new coleco company. 😠😠😠 Especially, after the chameleon fiasco, the new coleco company should be happy they have any fans left and not abuse our beloved Homebrewers who keep our real colecovision alive. It saddens me to read this crap on both forums, because our members are dedicated to the CV and its quality of games the homebreweing community puts out there.
I have to say, I'm boycotting the new coleco company and anything it produces. I was planning to goto the coleco convention this summer in NJ, with about 15 friends and forget about that now, not happening anymore. Coleco you need to wake up and don't hurt the hands that feed you. Beacsue without the fans, you will have nothing..

Anthony
P.S. I also bought about 5 mini consoles as gifts Christmas time, I am sorry that I did.

#53 _The Doctor__ OFFLINE  

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Posted Fri May 19, 2017 4:38 PM

Steps in Acquiring Federal Trademark

Before you can register your mark, you must spend some time establishing ownership of it. These steps will be accomplished naturally as you go about your business.

  1. Start using the slogan, name or logo for business purposes. For instance, if you want to name a juice drink as “Thirst" then use the name in conducting business. Then file for trademark.
  2. File an intent to use to lock in the filing date of your application. An intent to use application reserves the name for a certain period.
  3. The name or mark can be reserved for six months and is renewable every six months thereafter up to a maximum period of 24 months.
  4. Pay the intent to use application costs. The fee is often equivalent to a regular trademark application.

Trademark application forms can be accessed online through the Trademark Electronic Application System (TEAS).

https://www.uspto.go...earch-ownership


Edited by _The Doctor__, Fri May 19, 2017 4:39 PM.


#54 enoofu OFFLINE  

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Posted Fri May 19, 2017 4:38 PM

Well you never know, they could have an assignment of rights document giving them right to the popular Colecovision logo. They could have just filed for Typeface only to have a more general protection and save some bucks.

 

Publishers still need trademark notices ala Color Dreams, Wisdom Tree, Accolade, Tengen, etc.

 Nintendo for example had a strong trademark, which had a secondary meaning which New Coleco doesn't have, also possible the popular Colecovision logo is still Copyrighted by Hasbro or its Spin off Atari,  also possible the New Coleco bought it



#55 PikoInteractive OFFLINE  

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Posted Fri May 19, 2017 4:45 PM

Steps in Acquiring Federal Trademark
Before you can register your mark, you must spend some time establishing ownership of it. These steps will be accomplished naturally as you go about your business.


  • Start using the slogan, name or logo for business purposes. For instance, if you want to name a juice drink as “Thirst" then use the name in conducting business. Then file for trademark.
  • File an intent to use to lock in the filing date of your application. An intent to use application reserves the name for a certain period.
  • The name or mark can be reserved for six months and is renewable every six months thereafter up to a maximum period of 24 months.
  • Pay the intent to use application costs. The fee is often equivalent to a regular trademark application.
Trademark application forms can be accessed online through the Trademark Electronic Application System (TEAS).
https://www.uspto.go...earch-ownership

 


I don't understand your point or why you copy and pasting stuff. I know the process and fees..
 
 
 

Nintendo for example had a strong trademark, which had a secondary meaning which New Coleco doesn't have, also possible the popular Colecovision logo is still Copyrighted by Hasbro or its Spin off Atari,  also possible the New Coleco bought it


I already covered this.


Edited by PikoInteractive, Fri May 19, 2017 4:46 PM.


#56 KaeruYojimbo OFFLINE  

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Posted Fri May 19, 2017 5:02 PM

Trademark application forms can be accessed online through the Trademark Electronic Application System (TEAS).

 

Does anyone else find it amusing that the acronym for the trademark application system is TEAS(e)?



#57 SoulBlazer ONLINE  

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Posted Fri May 19, 2017 5:09 PM

I understand that the current trademark holders of Coleco want to protect the brand, but didn't they see what happened when Atari tried this a couple years ago? :ponder:



#58 Keatah ONLINE  

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Posted Fri May 19, 2017 5:26 PM

What happened?



#59 King_Salamon OFFLINE  

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Posted Fri May 19, 2017 5:31 PM

So with the Colecovision Rainbow wording on the package causing this fuss (the 'nudity' bit is a joke... look at today's media)... could the homebrewers simply place a 'works on Colecovision' similar to what Imagic and Activision did in the 80's and avoid this mess?  Collectorvision may be considered too close to Colecovision so I suggest a new name... Le Pew Pew Games (a little bit of French and a name that doesn't sound like Coleco at all..

 

Oy... this is going to be a sticky situation...



#60 TPR OFFLINE  

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Posted Fri May 19, 2017 6:05 PM

cardo1, on 19 May 2017 - 3:08 PM, said:

 

This is NOT an accurate depiction of what is going on here.  The accurate equation is
A man who promotes pornographic materials on a site that he uses for profit.

 

I just want to make it clear that this could not be further from the truth.  And the fact that you even said this in your post gives your entire argument zero credibility.  There wasn't anything pornographic posted and we make zero money from our site. In fact we LOSE MONEY on our site because we spend our own money helping out the homebrewers and creating content for fans.   Not only do you not have a grasp of how social media works, because if you did, you would know you can't make money off Facebook in the way we run our page, but you are also flat out lying.  Here's a tip Chris Cardillo, if you want people to take you seriously, don't lie to them. 



#61 JustinMSalvato OFFLINE  

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Posted Fri May 19, 2017 6:10 PM

For the record, you can also "Bing" it to find the Chameleon story... Surely I can't be the only Bing user! :)



#62 TPR OFFLINE  

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Posted Fri May 19, 2017 6:15 PM

For the record, you can also "Bing" it to find the Chameleon story... Surely I can't be the only Bing user! :)

 

Hang on, let me Google what "Bing" is so I can .... Oooooooooh!  ;)



#63 JustinMSalvato OFFLINE  

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Posted Fri May 19, 2017 6:16 PM

You know, it's a shame when someone buys the trademark of a "defunct" company and then pulls this crap.  I've been out of the loop lately, but I'm guessing they're going after Opcode Games too.



#64 TPR OFFLINE  

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Posted Fri May 19, 2017 6:21 PM

I've been out of the loop lately, but I'm guessing they're going after Opcode Games too.

Read the other thread I linked to in the original post.  That should most certainly shed some light on that subject!   ;)



#65 Papa OFFLINE  

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Posted Fri May 19, 2017 6:22 PM

So with the Colecovision Rainbow wording on the package causing this fuss (the 'nudity' bit is a joke... look at today's media)... could the homebrewers simply place a 'works on Colecovision' similar to what Imagic and Activision did in the 80's and avoid this mess?  Collectorvision may be considered too close to Colecovision so I suggest a new name... Le Pew Pew Games (a little bit of French and a name that doesn't sound like Coleco at all..

 

Oy... this is going to be a sticky situation...

 

I was like...IS this FOR REAL about the little "ColecoVision" crappy rainbow snailtrail seventies t-shirt logo!?!?  

 

Make the thing look like a black cart TENGEN game and put "NOT FOR ANYONE", like South Park!

 

Remember back when you were a kid and there was a channel that you didn't turn the TV to because of Benny Hill?  WTF? 



#66 Keatah ONLINE  

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Posted Fri May 19, 2017 6:25 PM

Haha I got slapped for watching benny hill.



#67 phattyboombatty OFFLINE  

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Posted Fri May 19, 2017 6:40 PM

At the risk of seeming trollish, like an English nazi, demonstrating that I don't have a horse in this race, or any other obvious criticisms, I'd like to express my opinion on the matter, and I'd like to do a little quoting from someone who is posing as a businessman... a professional.

 

 

DO NOT BE FOOLED
 
As always there are two sides to each argument. 

 

Fixed that for you.

 


 

The genesis of our complaints is the promotion of pornographic...

 

Fixed that for you.

 


Additionally, the use of other third party rights to games bearing our name.

 

Is this supposed to be a sentence?

 

 

As you can imagine this may cause some concern for folks unrelated to either side.

 

What?

 

Perhaps it would cause concern for those who do relate to this mess (you've gotten us into). We love our gaming revivalism, and you are clearly acting as a blockade to our efforts.

 

Okay, enough with the juvenile toe-to-toe criticisms. Let's look at a chunk of this dude's argument, and see who is fooling who.

 

The accurate equation is

 
Coleco Vs. A man who promotes pornographic materials on a site that he uses for profit.
 
PLEASE DO NOT BE FOOLED. 
 
Please do not be manipulated in a 'side' that is arbitrarily created by one individual whose Internet reputation is repulsive.  We have not mentioned any names, but feel free to do your own research.
 
PLEASE NOTE that this character began making demands this morning based on this post.  Either do as i say, or i will post disparaging info about you.
The individual was contacted and told that we would look into the concern.  The concerns culminated into the following email that was send to this individual.
 
SIMPLY PUT we offered for the individual to continue their site so long as they agreed to post nothing PORNOGRAPHIC in nature.

 

This is really the only point that I'm going to speak to... I am just flabbergasted that you decided to go there. I could sit here and say "really?" at least a dozen times, but I'd rather just call out what plain lunacy this exhibits. Please, all, re-read this again and again. The second line is unfathomably inane. You market yourself as a "businessman" who holds IP, and who wishes to demonstrate a controlling interest in the market. But you cannot openly express an intelligent thought, so you turn to defamation, calling into question a persons' morality. Shame on you.

 

Do you believe that internet people of this day and age are going to find this argument rational or believable? Internet porn is ubiquitous. Hello? Are you new?

 

Why attack a member here who enjoys promoting a classic Coleco-from-the-1980s product? What intelligent thought could possibly be behind that motive? And why use pornography as the vehicle?

 

Most of us here are dudes. There are some dudettes, but none of that really matters. Clearly, what you are trying to do is smear an individual whom you'd like to believe is stealing from you. Your methods are thin. Your grammar sucks. Your business-like appearance is absolutely non-existant.

 

It's sad to try and play ball on your level (6th grade level, at best), but it seems clear to me that you never passed the 6th grade. 6th graders are working on what it means to be a bully. So should you.

 

How about going back to school, taking advice from the good members here, or simply trying to build a bridge? I appreciate that you made an account on AtariAge to respond to people. But you come off as brutish, smallish, and completely unenlightened.

 

Go back and regroup. Ponder for 6 months. Maybe try "The Secret" or something. You're never going to get what you want this way.



#68 TPR OFFLINE  

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Posted Fri May 19, 2017 6:47 PM

At the risk of seeming trollish, like an English nazi, demonstrating that I don't have a horse in this race, or any other obvious criticisms, I'd like to express my opinion on the matter, and I'd like to do a little quoting from someone who is posing as a businessman... a professional.

 

You may be my new hero!  That was just... beautiful!  And for that amazing display of awesomeness you get a trophy with a big fat ColecoVision logo on it!

Trophy-clipart-first-place-trophy-emoji-clipart-kid.jpg

Again, thank you for that.  It made my night!



#69 Keatah ONLINE  

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Posted Fri May 19, 2017 6:47 PM

We don't get fooled again. No, no!



#70 frankodragon OFFLINE  

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Posted Fri May 19, 2017 7:35 PM

.



#71 King_Salamon OFFLINE  

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Posted Fri May 19, 2017 7:44 PM

 

I was like...IS this FOR REAL about the little "ColecoVision" crappy rainbow snailtrail seventies t-shirt logo!?!?  

 

Make the thing look like a black cart TENGEN game and put "NOT FOR ANYONE", like South Park!

 

Remember back when you were a kid and there was a channel that you didn't turn the TV to because of Benny Hill?  WTF? 

 

agreed... perhaps that would increase sales... people tend to want to do opposite so making it 'not for anyone' would get everyone wanting it!



#72 shawnphase OFFLINE  

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Posted Fri May 19, 2017 8:09 PM

 

hqdefault.jpg



#73 newcoleco ONLINE  

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Posted Fri May 19, 2017 8:50 PM

hello everyone,

My first attempt to reply got "time out, you must enter a post" message.

I won't claim that I do understand all since I just got here; thanks everyone on Twitter to let me know.

My first reaction was "WHAT?" and here's my reply.

1st - DMCA against a fan based website? Fair use allow to show our passion for a lot of things including incredible homemade things for a vintage game system abandonned by Coleco Industries more than 30 years ago.

2nd - Profit is null, just the time and energy put into making these games cannot be possible if being paid to do it. And if you want to play my games, go ahead and find them in the Internet for free, please enjoy!

3rd - Games for adults is not the same as pornographic games, like not all fingers are toes. There is no sex action, not even in silhouette in these games. There is a shower scene in the prototype Porky's that was supposed to be released back in the 80s for the ColecoVision if you really want to argue that no adult videogames are supposed to be associated with Coleco brand.

4th - Call me naive but all this would have been easily avoided with trust, talk and understanding.

I do not see a respect for the homebrew scene who revived the passion for the ColecoVision game system.
And who am I to say this? Just a guy who happens to be part of the ColecoVision scene for about 20 years.

Goodnight everyone!

Sincerely,

Daniel B.

#74 Bmack36 OFFLINE  

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Posted Fri May 19, 2017 9:03 PM

hello everyone,

My first attempt to reply got "time out, you must enter a post" message.

I won't claim that I do understand all since I just got here; thanks everyone on Twitter to let me know.

My first reaction was "WHAT?" and here's my reply.

1st - DMCA against a fan based website? Fair use allow to show our passion for a lot of things including incredible homemade things for a vintage game system abandonned by Coleco Industries more than 30 years ago.

2nd - Profit is null, just the time and energy put into making these games cannot be possible if being paid to do it. And if you want to play my games, go ahead and find them in the Internet for free, please enjoy!

3rd - Games for adults is not the same as pornographic games, like not all fingers are toes. There is no sex action, not even in silhouette in these games. There is a shower scene in the prototype Porky's that was supposed to be released back in the 80s for the ColecoVision if you really want to argue that no adult videogames are supposed to be associated with Coleco brand.

4th - Call me naive but all this would have been easily avoided with trust, talk and understanding.

I do not see a respect for the homebrew scene who revived the passion for the ColecoVision game system.
And who am I to say this? Just a guy who happens to be part of the ColecoVision scene for about 20 years.

Goodnight everyone!

Sincerely,

Daniel B.

 

 

Thanks Daniel,

 

Just FYI you might have a little more "skin" in the game

 

18578884_10158778513445370_1333045214_n.jpg

18579033_10158778513540370_91268434_n.jpg

 

TM in use in 1997 (a full 8 years before RWB)


Edited by Bmack36, Fri May 19, 2017 9:05 PM.


#75 TPR OFFLINE  

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Posted Fri May 19, 2017 9:19 PM

Thanks Daniel for the response!  As someone who has been doing this longer than River West Brands, I respect your opinion much more than either of those guys.  A couple of comments...

 

3rd - Games for adults is not the same as pornographic games, like not all fingers are toes. There is no sex action, not even in silhouette in these games. 

 

No offense to your games, but I think I see more "graphic" displays of nudity, or at least implied nudity or "side boob" on TV shows that air during prime time.  Seriously, Family Guy and Futurama ....

18- Por Que Debo Ser Un Crustaceo Enamorado.rmvb_snapshot_02.18_2012.08.02_19.58.38.jpg

Screen Shot 2017-05-19 at 23.07.11.png

Screen Shot 2017-05-19 at 23.06.50.png

They have WAAAAY better graphics than the ColecoVision "adult" games!  lol  Seriously for Chris & Mark to call your games "pornographic" is beyond laughable and gives them zero credibility.  

 

 

 

4th - Call me naive but all this would have been easily avoided with trust, talk and understanding.

 

Oh believe me, I tried.  Unfortunately those three pillars you mentioned that make for a good discussion "trust", "talk", and "understanding" were not part of any of our discussions. I did not want to have to take this public, but I really had no choice, and I think it's important for people to know what is happening behind the scenes. 






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