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Coleco strong-arming homebrew publishers and fan sites


TPR

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Let's break down this incompetent advertising copy, sentence by sentence :

 

"ColecoVision, one of the gaming giants of the 80s is back with the release of Sydney Hunter, a new video game on cartridge."
Do consoles release games? Sydney Hunter is not technically speaking, a new game, but it is a new port of a nearly completed game for the ColecoVision.
"The release will mark the first commercial release of a video game cartridge in 15 years."
There have been hundreds of cartridge games released in the past fifteen years, not even considering the games released by Nintendo for the Game Boy Advance, DS, 3DS and Switch. Will I see these cartridges for sale at Wal-Marts and Rite-Aids in the spaces formerly occupied by the ColecoVision Flashback?
Teaming up with Coleco is game developer Exidy which made popular the arcade smashes Venture and Mouse Trap both which were ported to the early ColecoVision.
The game developer known as Exidy was defunct by the 1990s. The developers who made or ported this game only have the license to use the name, there are no personnel in common. Also, what is the "early ColecoVision"? Are there some game breaking differences between early and late ColecoVisions? I think not.
"Sydney Hunter, Exidy's newest creation was recently voted "Best Game of the Year" on the online mega forum Atari Age."
It's "AtariAge", one word. Moreover, could someone point me to a poll where it was voted best game of the year? Which year? Which version? You can't really expect people to vote best game of the year for a game that has not been released yet.
"Gamers who wish to get their hands on a copy can do so by preordering the game which will debut at this years "Retro Gaming and Collectible's Expo hosted by Coleco."
The person who wrote this sentence failed his use of possessives and quotation marks test. The original sentence should use "year's" and "Collectibles", and is missing the closing quotation mark after Expo, unless the name of the convention is the "Retro Gaming and Collectible's Expo hosted by Coleco."

 

 

Well, to be exact, the INTELLIVISION version was voted Game of the Year 2016 for the INTELLIVISION.

 

http://atariage.com/forums/topic/261651-game-of-the-year-goty-2016-retro-version/

 

I still can't get over the "The release will mark the first commercial release of a video game cartridge in 15 years."

 

How you can be so clueless on how social media, and the internet in general, works that you would make such an easily refuted and ridiculed statement?

 

 

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Let's break down this incompetent advertising copy, sentence by sentence :

 

"ColecoVision, one of the gaming giants of the 80s is back with the release of Sydney Hunter, a new video game on cartridge."
Do consoles release games? Sydney Hunter is not technically speaking, a new game, but it is a new port of a nearly completed game for the ColecoVision.
"The release will mark the first commercial release of a video game cartridge in 15 years."
There have been hundreds of cartridge games released in the past fifteen years, not even considering the games released by Nintendo for the Game Boy Advance, DS, 3DS and Switch. Will I see these cartridges for sale at Wal-Marts and Rite-Aids in the spaces formerly occupied by the ColecoVision Flashback?
Teaming up with Coleco is game developer Exidy which made popular the arcade smashes Venture and Mouse Trap both which were ported to the early ColecoVision.
The game developer known as Exidy was defunct by the 1990s. The developers who made or ported this game only have the license to use the name, there are no personnel in common. Also, what is the "early ColecoVision"? Are there some game breaking differences between early and late ColecoVisions? I think not.
"Sydney Hunter, Exidy's newest creation was recently voted "Best Game of the Year" on the online mega forum Atari Age."
It's "AtariAge", one word. Moreover, could someone point me to a poll where it was voted best game of the year? Which year? Which version? You can't really expect people to vote best game of the year for a game that has not been released yet.
"Gamers who wish to get their hands on a copy can do so by preordering the game which will debut at this years "Retro Gaming and Collectible's Expo hosted by Coleco."
The person who wrote this sentence failed his use of possessives and quotation marks test. The original sentence should use "year's" and "Collectibles", and is missing the closing quotation mark after Expo, unless the name of the convention is the "Retro Gaming and Collectible's Expo hosted by Coleco."

 

As I stated before: he writes like a third-grade dropout. Somehow, he thinks it's "bullying" to ridicule his ridiculous behavior and his writing. Speak of the devil... he's online right now reading this topic!

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Let's break down this incompetent advertising copy, sentence by sentence :

 

"ColecoVision, one of the gaming giants of the 80s is back with the release of Sydney Hunter, a new video game on cartridge."
Do consoles release games? Sydney Hunter is not technically speaking, a new game, but it is a new port of a nearly completed game for the ColecoVision.
"The release will mark the first commercial release of a video game cartridge in 15 years."
There have been hundreds of cartridge games released in the past fifteen years, not even considering the games released by Nintendo for the Game Boy Advance, DS, 3DS and Switch. Will I see these cartridges for sale at Wal-Marts and Rite-Aids in the spaces formerly occupied by the ColecoVision Flashback?
Teaming up with Coleco is game developer Exidy which made popular the arcade smashes Venture and Mouse Trap both which were ported to the early ColecoVision.
The game developer known as Exidy was defunct by the 1990s. The developers who made or ported this game only have the license to use the name, there are no personnel in common. Also, what is the "early ColecoVision"? Are there some game breaking differences between early and late ColecoVisions? I think not.
"Sydney Hunter, Exidy's newest creation was recently voted "Best Game of the Year" on the online mega forum Atari Age."
It's "AtariAge", one word. Moreover, could someone point me to a poll where it was voted best game of the year? Which year? Which version? You can't really expect people to vote best game of the year for a game that has not been released yet.
"Gamers who wish to get their hands on a copy can do so by preordering the game which will debut at this years "Retro Gaming and Collectible's Expo hosted by Coleco."
The person who wrote this sentence failed his use of possessives and quotation marks test. The original sentence should use "year's" and "Collectibles", and is missing the closing quotation mark after Expo, unless the name of the convention is the "Retro Gaming and Collectible's Expo hosted by Coleco."

 

 

 

I was wondering what Mike Kennedy had been up to... apparently he's a copywriter for Coleco. (Note to Mike for future reference: copyrighting and copywriting are two different things.)

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I find it interesting that some of these posts made on social media by Cardillo et al are either grammatically correct for the most part (even if what was said was BS) while some of the posts look like they were written by a five year old that was given way too big of a sugar cookie and is throwing a fit now that the parents have taken it away.

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I have that shirt!

 

Quoted from: https://www.facebook.com/ColecoToys/posts/1918564895087139

 

attachicon.gifScreen Shot 2017-06-02 at 15.12.03.jpg

 

Dear Coleco Toys, please allow me to educate you on what a "personal attack" is:

 

 

Now that you know, please refrain from using that term when people are simply making factual statements or questioning evidence found online, because at no point is any of that a "personal attack."

 

Let me break it down using a graphic you might be able to understand better:

attachicon.gifknowing-is-half-the-battle.jpg

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Coleco's big issue is they NEED TO MAKE SOMETHING!!!
The flashback didn't set them up for future work.

So, if they are going to get Venture Capitalists involved ( I read their new parent company's website, you know, the one which bought them which is run by the same guy who runs them... sounds like an Anime company I knew of).
... well, make the Mini's. Get SOMETHING and put it in a Mini... I still think they need a Mini with several titles,but, they could make a Coleco Mini which takes downloadable content...
Not sure they think they can make money on that one.

Games companies don't often pop up over night. I'd re invent them as a modern game company and acquire older titles after I make something worthy of buying. Again, do SOMETHING.

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Coleco's big issue is they NEED TO MAKE SOMETHING!!!

The flashback didn't set them up for future work.

 

So, if they are going to get Venture Capitalists involved ( I read their new parent company's website, you know, the one which bought them which is run by the same guy who runs them... sounds like an Anime company I knew of).

... well, make the Mini's. Get SOMETHING and put it in a Mini... I still think they need a Mini with several titles,but, they could make a Coleco Mini which takes downloadable content...

Not sure they think they can make money on that one.

 

Games companies don't often pop up over night. I'd re invent them as a modern game company and acquire older titles after I make something worthy of buying. Again, do SOMETHING.

The trademarks they claim they own had intent-to-use filed for them back in what... 2005? They did nothing on over 60% of the dormant brands they claimed and reportedly had no products and no manufacturing facilities for them. I'd say 12 years is more than ample time to make a serious run into the video game industry. They don't give a damn about the Colecovision or Coleco's legacy.

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I still can't get over the "The release will mark the first commercial release of a video game cartridge in 15 years."

 

 

 

 

I believe they are being coy here and trying to imply that it is their first video game in 15 years, but not wanting to say it outright, as it is not their game. Same thing with the 'Colecovision' statement: Implying things without actually lying. Kind of like Clinton's statement, "I did not have sex with that woman" and then arguing the meaning of every word. Although, perhaps I am giving them to much credit, considering their punctuation. :-D

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I believe they are being coy here and trying to imply that it is their first video game in 15 years, but not wanting to say it outright, as it is not their game. Same thing with the 'Colecovision' statement: Implying things without actually lying. Kind of like Clinton's statement, "I did not have sex with that woman" and then arguing the meaning of every word. Although, perhaps I am giving them to much credit, considering their punctuation. :-D

i don't see how there can be any other interpretation of :

 

"The release will mark the first commercial release of a video game cartridge in 15 years."

 

They did not "forget" to include ..."by a company calling itself Coleco." Given their employee's past evidence of writing skills, they truly must think there have been no other "commercial" releases by anyone, let along a company that was doing it in the 80s. Either that or they think people are gullible enough to believe that statement.

 

I do agree that the attempt to make it look like Sydney is a ColecoToys product is a coy attempt at subterfuge but selling as part of the expo doesn't make it a "commercial" release no matter how loose you define the term.

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Hey guys - I had to clean up this thread a bit more. A lot of misinformation being thrown around and posts that started to sink to the level in which we've seen the other side stoop to. We are better than that. If you want to voice opinions, that's perfectly fine. If you want to present or question factual evidence that has been found online, we also welcome that. But please don't go making up information or post things that aren't factually correct. And fighting among ourselves doesn't help the cause either. Please keep things civil and factual. Thank you!

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I do agree that the attempt to make it look like Sydney is a ColecoToys product is a coy attempt at subterfuge but selling as part of the expo doesn't make it a "commercial" release no matter how loose you define the term.

com·mer·cial
kəˈmərSHəl/
adjective
adjective: commercial; adjective: comm.
  1. 1.
    concerned with or engaged in commerce.
    "a commercial agreement"
    synonyms: trade, trading, business, private enterprise, mercantile, sales
    "a vessel built for commercial purposes"
  2. 2.
    making or intended to make a profit.
    "commercial products"
    synonyms: profit-oriented, money-oriented, materialistic, mercenary
    "a commercial society"
    • having profit, rather than artistic or other value, as a primary aim.
      "their work is too commercial"
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I think he was implying Coleco is back. Simple as that. I believe the intended sentence should read

 

"The release will mark the first commercial release of a Coleco video game cartridge in 15 years."

 

Now we can all debate what it means to be a Coleco...

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Personally I don't believe it was misinformation to question RiverWest Brands Coleco Holding usage of other Trademarks such as Cabbage Patch Dolls/Nintendo and their usage in ads, i do admit the argument was a total mess

 

Mainly I don't believe those statements are allowed fair use protection in US/Canada/EU as the two common defenses generally don't fall under it and they are using pictures and other trade dress

 

fair use

  • "Nominative fair use generally is permissible as long as (1) the product or service in question is not readily identifiable without use of the trademark, (2) only so much of the mark as is reasonably necessary to identify the product or service is used and (3) use of the mark does not suggest sponsorship or endorsement by the trademark owner"
  • "fair use: Use in comparative advertising that is an opinion (or a truthful fact). Example: Statement that “BRAND X tastes better than BRAND Z.” Use to advertise goods that are being sold or repaired or for which a product is suitable for use. Examples: Statement by a repair shop: “We repair ROLLS-ROYCE cars.” Use of “iPhone” in non-stylized form on packaging for phone cases to indicate that it is usable with iPhone 6."
  • Source http://www.inta.org/TrademarkBasics/FactSheets/Pages/Fair-Use-of-TrademarksNL.aspx
Edited by enoofu
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A couple of things to note about this:

 

Screen Shot 2017-06-02 at 15.32.16.png

 

1. Why would it be "awkward" to announce they are going to give profits to a charity? Isn't that a GREAT thing? Why would that be "awkward?"

 

2. Why wouldn't you have announced this BEFORE you put the product on sale to get more people to purchase the game? Isn't that the whole point of selling a product for a charitable contribution? To let as many people know so you can sell more copies of it? Something doesn't add up here...

 

3. Why would you tease people about donating to charity in this post, but not just announce it? That makes no sense to me at all. Wouldn't you want people to know what charity you're contributing to so people could get excited about it and get behind this idea?

 

Or.... maybe this is a more realistic scenario....

 

Maybe, just maybe and I have no proof of this as this is just my own personal speculation....

 

They really haven't sold many copies because not that many people are stupid enough to pay some insanely inflated price for a copy of the game you can get cheaper from a better more respectable source so now they will announce giving the "profits" away so that they will sell more copies to make back the money they have spent buying 150 copies from CollectorVision and they are only out the "profits" that they would have made which they realize they wouldn't be getting anyway because no one is buying the game.

 

Here's a better idea for everyone reading this forum.

 

When they do announce what charity the "profits" will be going to, instead of buying the game from Coleco and having those "profits" go to charity, buy the game from CollectorVision and then donate $50 on top of that to whatever charity Coleco is going to tell us the "profits" will be going to. Since I bought two copies from CollectorVision I'll gladly donate $100 directly to the charity that Coleco announces they will be donating to.

 

Who else is with me on this one?

 

SHOW YOUR SUPPORT!!!

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In that quote both conditions should be met. So if you have an unregistered trademark but have used it you do have legal protection. Not sure of the significance of omitting the TM. But if RWB has "coleco" registered than that quote doesnt apply.

 

Edit: They might have "coleco" registered but not the logo; being the reason there is no tm or r next to the logo.

Edited by mr_me
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Coleco still going with this "true fan" bs thing? You can bet most of us are true fans of Coleco and Colecovision, just not a fan of your shitty Coleco Holdings. But I guess Fred juice is what they consider true fans at this point. Coleco Holdings is all over the place clearly, have no idea how to damage control this anymore. They contacted me for a peaceful resolution then don't even care to respond to my email (because they didn't get what they wanted from me).

At this point to me it is more than clear that Coleco wants one thing and just one thing, to twist my arm to work for them for free in trade of using the ColecoVision logo. And I am not interested in that. So I have found my own solution, and I will using that from now on. I need to focus on my games instead of waste my time in this pointless juvenile fight between Coleco Holdings and the community, though I am sure be watching as they crash and burn just for fun with great interest.

 

post-1432-0-94609800-1496492994.png

 

post-1432-0-40903900-1496493008.jpg

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There are all sorts of ways to define 'profit'. Besides the terms 'gross' and 'net', one can 'manually adjust' things to factor in 'expenses' for particular projects, thus reducing the so-called 'profit margin'. When dealing with any registered and reputable charity, one has access to records of operating expenses and knows what percentage actually goes to charity. This may not be the case when a private company says it will donate a portion of the profits to charity, or in this case 'the' profits, (which implies all). In cases like this, one can only rely on past experience and dealings with a company to determine whether buying something from them, 'because it's for charity' is enough of an inducement or excuse.

 

When something appears to be an after-the-fact PR campaign to manipulate public sentiment, I always get suspicious.

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Hey guys - I had to clean up this thread a bit more.

Great!

 

Do I understand it well? Please, someone, tell me that I'm wrong!

 

So, he capitalizes on at least one homebrew game to make a name for himself, without any effort put in it nor making a donation to the homebrew scene, with no apology for DMCA attacking fans.

 

And on top of that, trying to demonize the homebrew scene who made the Coleco scene alive for 2 decades, and making ColecoVision label the "must not be printed" name.

 

All this to gain credits and profit for work he never does, and get the attention, visibility, and publicity for his gaming expo and future Coleco products for parents and "true fans".

 

Isn't it by definition the actions of a "super vilain" in movies? I think so, yes.

 

At this point to me it is more than clear that Coleco wants one thing and just one thing, to twist my arm to work for them for free in trade of using the ColecoVision logo. And I am not interested in that. So I have found my own solution, and I will using that from now on. I need to focus on my games instead of waste my time in this pointless juvenile fight between Coleco Holdings and the community, though I am sure be watching as they crash and burn just for fun with great interest.

attachicon.gifIMG_1284.PNG

attachicon.gifIMG_1283.JPG

It sure is a way to deal with the situation and I don't see another solution at the moment.

 

Not printing any trademark word is a way to "be safe" until something else happen.

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