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The Evener

Member Since 2 Nov 2011
OFFLINE Last Active Dec 27 2018 5:19 PM

#4154665 Selling a few games and an SGM

Posted by The Evener on Sat Nov 10, 2018 11:07 PM

Who even is Cardillo? Is he into retro gaming/collecting and also out to make a quick buck? Or does he have no interest in video games, and just wants to make a quick buck?

 

How did Cardillo acquire the Coleco brand?  

 

You should really read over US Registration No. 78338364 at the US Patent and Trademark Office to check out River West Brand’s original application for the ColecoVision mark, filed December 9, 2003.
 
After receiving an application, the US Trade Mark and Patent office then performs a search to determine if there are existing uses of the requested mark. In the case of Coleco, all active uses of the mark expired in the years following the bankruptcy of Coleco Limited Inc. A company must renew their claim to the mark every 10 years, or else the mark lapses.
 
River West Brands’ application was approved and they were granted a “Notice of Allowance” on January 3, 2006. Once this is issued, the applicant has a maximum of 36 months (3 years) to file a “Statement of Use” (SOU) which demonstrates commercial/business use of the mark in the applicable product category - in this case, International Class 009: Video game software; video game machines for use with televisions. The applicant must apply for extensions every 6 months if they fail to submit an SOU in a timely fashion. Failure to file a statement after 36 months results in the forfeiture of your claim to the mark - for RWB, that dreaded date would be January 3, 2009. At that point, anyone else is entitled to apply for the mark.
 
Over the next two years, RWB applied for no less than four SOU extensions. The beginning of 2008 saw them use their second to last extension. Things were not looking good.
 
Then, with only 6 months left on the clock, they submitted a Statement of Use on July 1, 2008. The application stated “the trademark [is] displayed on the product itself.” I wonder what cool product they finally marketed to demonstrate their active use of the mark in a commercial setting?
 
colecohandheld.png
 
Hey, way cool! A ColecoVision hand-held video game system! Where can I buy one?
 
Wait a minute…isn’t that Ben Heck’s hack of an original ColecoVision console modded to be a portable that he created back in 2005?
 
 
Allegedly, RWB kindly contacted Ben to let him know that, *ahem*, they owned the ColecoVision trademark, but they would be good sports about it and would authorize use of the mark retroactively to 2005. Ben was asked to sign a document, and he also shared his vector files of the ColecoVision logo since there was nothing usable on the web for his handheld project. What RWB neglected to say was that their mark technically wasn't enforceable - it was pending, and that RWB's application would lapse just three days into the New Year if they didn't submit proof of commercial use - pronto.
 
 
Roughly two weeks later on July 15, 2008, the Trademark office accepted RWB’s Statement of Use featuring Ben’s console. Whew! Close call.
 
Thanks to that photo of Ben’s handheld and his vector files, RWB could finally execute their brand monetization plan years later by licensing the ColecoVision name to ATGames, who released the ColecoVision Flashback.
 
As a footnote, apparently there were two other entities interested in claiming marks related to Coleco, although both coordinated with RWB in the end. Perhaps it was RWB all along, I can’t tell from the existing documents. My favourite “above board” application came from a California-based company called (get this) Caesar Collazo, Inc. D.B.A. Collazo Entertainment Company Of Vision A.K.A. ColecoVision, who applied in October 2003. 
 
In the end, this application was abandoned in coordination with RWB, but I think Mr. Collazo had the stronger application. I mean, look at the company name - ColecoVision fits hand in glove! And Mr. Collazo included a Statement of Use in his application years before RWB did - who could ever forget the mind-blowing experience of playing ColecoVision’s masterpiece The Healing Runes Online Game?
 
coleco.png



#4147962 Did the Colecovision ever come with white controllers?

Posted by The Evener on Thu Nov 1, 2018 5:47 PM

CollectorVision's Phoenix has a level/option to purchase a unit in the ADAM colour scheme - sounds cool


#4050721 ADAM'S Desktop?

Posted by The Evener on Sat Jun 16, 2018 1:42 PM

Interesting update on the subject of Defender on the ADAM. I was getting ready to film a short video of the game on my stand alone unit for those interested, but the game wouldn't function! It displayed the similar behaviour that others described - "up" wouldn't work at all, but fire just "fired" - no smart bombs. The smart bombs couldn't be used with simply the right button - I had to push "up" plus right button. Needless to say, I was completely confused. Resetting the game multiple times led to no change in behaviour. The only difference in loading Defender for the short video is that I inserted the cartridge and then turned on the system. Normally, I use the non-sanctioned method of turning on the system to typewriter, inserting the cartridge, and then pulling the cartridge reset. 

 

I went out for the rest of the morning and early afternoon, and upon returning home and booting up Defender, it worked this time without issue. Very strange stuff! 

 

I'll upload the video soon, but in the meantime I wanted to share a photo circa 1986-87 from a Princess Auto (basically an automotive/hardware store, plus surplus) in Edmonton, Alberta. As you can see, two of my friends are posing in front of a wall of ADAM Expansion modules, plus some keyboards. Years later I read some info about the liquidation of ADAM stock here on AtariAge, which I understand included a significant quantity of stock that simply wasn't boxed. Princess Auto is a national chain, so it appears they scooped some of that surplus. I also ended up purchasing my 5 1/4 ADAM disk drive there, again without the box.

 

Enjoy!

 

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#4031072 FS: Coleco ADAM system - $125 US plus shipping

Posted by The Evener on Sun May 20, 2018 7:25 AM

I also swapped off the yellow data drive door to a spare that matches the factory beige of the unit more closely. I also included a cover that isn't missing the grill spokes.

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#4030555 Coleco strong-arming homebrew publishers and fan sites

Posted by The Evener on Sat May 19, 2018 8:35 AM

The best thing we can do as a community is to tag any publicity from Chris & Co with this thread so people can get up to speed about their antics - the fact that this whole "empire" rests on a one-off home brew device that they misrepresented as their own market product to have their trademark registered is the kind of ass-hatery that deserves to be known.


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#4028184 Should we split "ADAM" discussion into its own sub-forum?

Posted by The Evener on Tue May 15, 2018 3:42 PM

I voted no since my preference is to consider splits only when traffic levels warrant it, and in my view the traffic isn't sufficiently heavy enough to merit a split for ease of navigation purposes. I have an equal interest in both CV and Adam and think there is sufficient convergence of interests between these platforms/people that keeping them together works for me.


#3942610 ADAM with WiModem232

Posted by The Evener on Tue Jan 23, 2018 5:48 AM

I am on a 100% wired 1Gbps network with no WI-FI. Since I use only desktop, Laptops, and other devices that have a built in Ethernet jack, I never needed WI-FI in the home.

Does anyone make an internet modem like this but with a Ethernet jack? If not I will have to pass on connecting my ADAM to BBS boards like I did back in the 80’s.

 

I still have a landline, if I have an old RS-232 modem is there any BBS in existence that uses dial up landline modems?

 

In your case I would look into using the Lantronix USD-10 device. I was considering this route before the 232 WiFi modems became an option.

 

"The Lantronix device is a 'smart box', a dual purpose interface.  The first thing it does, is to allow for a conversion from RS-232 pinouts to RJ-45 or an "Ethernet Plug" which is the current standard.  The second thing it accomplishes... it handles all the Internet protocols, independent of the Classic Computer.  To the classic computer, the Lantronix device appears to be only a simple MODEM and even uses the old "Hayes"  command set."

 

http://atariage.com/...-updated-61317/

 

In the meantime, there are at least four dial-up (well actually, five - two of them are accessible from the same dial-up number) BBSes you could visit.

 

Borderline BBS / Cottonwood BBS - 951-652-1690

 

Hidden Reef BBS 718-448-9402

 

Level 29 BBS - 916-965-1701

 

The Keep BBS - 503-646-2407




#3931458 ADAM with WiModem232

Posted by The Evener on Tue Jan 9, 2018 6:36 PM

I wanted to share a success story - the ADAM paired with Jim Drew's WiModem232.

 

Of course a lot of C64 users know Jim for the WiModem, which allows the computer to access the Internet over WiFi in order to telnet to the various BBSes that are accessible that way.

 

Several weeks ago I learned that Jim was designing an RS-232 compatible version of his WiModem. Thanks to Micro Innovations' MIB2 Parallel/Serial Interface card, I was ready to see if I could take the ADAM "on-line" and access the growing world of telnet-accessible BBSes. I was already using the MIB2 for dial-up modem access (via a Hayes 9600 baud modem), and was hopeful I could use it for the WiModem232.

 

I ordered a WiModem232 shortly after they want on sale around Christmas, and it arrived yesterday. The version I chose came with an OLED. Jim was confident that it would work with any computer with an RS-232, and his confidence wasn't misplaced. Following the instructions in the manual, set-up was a breeze and I was using the ADAM for BBS glory in no time. The unit is powered by a USB-USB mini B cable and a smartphone wall adapter.

 

If you have a serial adapter, it might be time to join the BBS community again!

 

Check it out at: https://www.cbmstuff...ducts.php?cat=2

 

IMG_7145.jpg

 

IMG_7149.jpg




#3924849 Ben Heckís Todd Rogerís Dragster 5.51 record Part2

Posted by The Evener on Mon Jan 1, 2018 1:52 PM

 

Can you shoot me a link to the info and any pictures of the fake activision certificate you speak of?

 

Here is the original post with instructions inviting everyone to conduct their own analysis and comparison of the two certificates in question - Todd's 5.64 certificate (found in the DRAGSTER 35th anniversary YouTube video), and the 5.51 he submitted to Twin Galaxies, which was posted by TG admin in the dispute review as it was received from Todd. I appreciate that the allegation of falsified evidence is a serious accusation, so the more people that wish to conduct their own comparison, the better it is for establishing a consensus. 

 

http://www.twingalax...ll=1#post934997

 

Omnigamer created a composite overlay of the image, which is quite illustrative. My own comparison of the two certificates with mark-ups can be found below his. To see the full-sized images of my post, you need to click and "drag" the photos to your desktop and then you can load them into a viewer application.

 

http://www.twingalax...ll=1#post935029




#3884393 The Hidden Reef

Posted by The Evener on Sun Nov 5, 2017 5:04 PM

You might remember the modem - it's a US Robotics 9600 baud that I purchased from you, Richard! :)

 

I was trying to log in at 2400 baud, which I have it fixed at for the time being. I can try 9600 baud if you swap back in the newer modem.

 

As for modem how is configured in nvram and its current command/register settings, I'm not sure where to go from there as I'm a little lost with those details, beyond bit rate, character, etc, on the Coleco Adam that I can set via settings on the terminal program.

 

And what I saw earlier was basically what arcadeshopper shared - thanks arcadeshopper!




#3883170 The Hidden Reef

Posted by The Evener on Fri Nov 3, 2017 9:05 PM

I couldn't agree more!

 

On that note, has anyone else had trouble dialing in recently? I haven't had success for the last several days - I tried to write Richard Bell at an address that I had, but it doesn't seem to work. Can anyone get a hold of Richard to ask about resetting the modem? It picks up and I get a connection, but then I get some character garbage and then nothing else - it doesn't respond to any keystrokes. 




#3828193 Does anyone have the actual/original Super Game Module?

Posted by The Evener on Tue Aug 15, 2017 2:36 PM

I would love to grab an Opcode SGM and house it in an original SGM mock up - not sure 3D printing is there yet but it's tempting to try!


#3792356 Coleco strong-arming homebrew publishers and fan sites

Posted by The Evener on Sun Jun 25, 2017 5:02 PM

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.go...Index=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.go...Index=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.go...cIndex=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.

 




#3786119 Coleco strong-arming homebrew publishers and fan sites

Posted by The Evener on Fri Jun 16, 2017 9:38 PM

Ben's vector files are here if anyone else wanted to look at them.  I guess it was the same ones he said he said he would email to anyone that wanted.  Only difference is it doesn't have "Coleco" and "Vision" in same line on these but otherwise same.  http://www.benheck.com/Games/Coleco/ColecoP.htm Scroll down until you see "Bonus" in italics for the files.

 

Yeah, from looking at the multiple photos of the handheld on Ben's page, it appears RWB forgot to submit images of the back of the unit

 

Attached File  bencoleco.png   206.21KB   32 downloads

 

Although I suspect the homebrew publishers have moved on, I recall a few members posting that they'd contribute to a GoFundMe to explore the feasibility of legal recourse. It would be interesting to run the situation past a trademark lawyer as part of a consultation to see what they saw as possible actions, if any, starting with Registration 3490101 where RWB used Ben's handheld as evidence of commercial use/interstate commerce to secure the rights to the word mark in 2008 -- which was then subsequently used (if I understand correctly) by RWB to compel AtGames to obtain a license to use the ColecoVision mark for the Flashback - the same rainbow mark that RWB is now seeking to register in the current application, with the Flashback offered as the application specimen.




#3783656 Coleco strong-arming homebrew publishers and fan sites

Posted by The Evener on Tue Jun 13, 2017 8:23 PM

 

So............ the ColecoVision mark that Coleco Holdings is licensing out for a fee to anyone who wants to use the ColecoVision mark.... is not the ColecoVision mark.

 

Ka-boom! :)

 

At least not the one used by the Greenberg family during the marketing of the ColecoVision circa 1982-1985 or thereabouts.

 

While one of the original marks used lower case as seen above, it appears to me that Ben created a new variant for the horizontal (side-by-side) version that features all lower-case letters and a rainbow spectrum that features a blue O and a blue N (unless someone found prior art examples where Coleco Industries did the same). According to my recollection and limited research, I have only ever seen Coleco Industries use a "capital C - capital V" rainbow mark that begins with a pink/red C and ends with a pink/red N.

 

Ben mark:

 

Attached File  Screen shot 2017-06-13 at 10.28.35 PM.png   28.49KB   16 downloads

 

Coleco Industries mark:

 

Attached File  originallogo.jpg   19.02KB   18 downloads

 

Attached File  Colecovision-Ad.jpg   215.61KB   15 downloads