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Coleco strong-arming homebrew publishers and fan sites


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Oh boy... Just gonna leave this right here...

 

https://www.facebook.com/ColecoToys/posts/1922982161312079

 

 

To Whom This May Concern,
Recently our company, Coleco Holdings LLC (Coleco), has received a lot of criticism on the Internet based on a false statement by a blogger. Please note, Coleco DID NOT file a Digital Millennium Copyright Act (DMCA) complaint against this blogger, or any other party. There is an important legal distinction between copyrights and trademarks, but the online commentary regarding this matter has confused this distinction, and spread misinformation as a result. As a company, and members of the gaming community, we wholeheartedly apologize to the gaming community for letting this situation get out of hand.
Coleco recently took action against one of our prior licensees based on confirmation that the licensee was counterfeiting merchandise. Coleco acted against both the developer and their “producer”, who operates an outlet to funnel potential buyers to the counterfeit merchandise, based on a firm understanding of their business relationship. In doing so, Coleco acted to prevent counterfeiting that was confusing potential buyers. We were made aware of this professional relationship by the developer during normal business activities. Only after Coleco acted to protect its intellectual property did the developer state publicly that they were “joking” about the business relationship enjoyed with the producer and agreed to cease the activities.
Coleco is, and will continue to be, a big supporter of independent developers. We encourage, and where possible celebrate, homebrew developers creating new, original, games for our platforms. To this extent, Coleco has hired three independent developers to create a brand-new game based on the Rainbow Brite license. Coleco is creating legitimate, paying, jobs in the retro gaming community – something we will continue to do in the future.
However, Coleco still has an obligation to protect its trademarks and to protect its buyers. Please note that this means that while we encourage independent creation of “homebrew” games for Colecovision, those titles cannot be marketed in a manner that suggests to potential buyers that Coleco is the source of the games. If a homebrew game has a large picture of the Coleco logo, that is confusing to potential buyers. If a homebrew game simply states: “For Use on the ColecoVision Platform” in plain text in smaller text at the bottom of the label, we agree that is a fair use of the trademark. Essentially, the labels should not confuse consumers or amount to counterfeit merchandise, which is what occurred here.
We are open to licensing the use of our logos and related trademarks to publishers. Coleco is only interested in bolstering the rich natured community of fans that enjoy Colecovision games. However, Coleco cannot allow its logos to be used on packages in a manner that gives buyers the impression that the product is licensed and approved for use on Colecovision hardware, when it is not. Use of the logo also gives the buyer the impression that Coleco has approved this title and will stand behind its quality as anyone would expect the publisher to do so as well. Our actions are not only to protect our rights, but to meet expectations of the fans.
Coleco promises, with respect to licensing, that every accommodation possible will be exhausted when working with the “homebrew” community. We are, after all, fans of the brand and games. We only want to see everyone succeed.
These changes are meant to ensure the “homebrew” community can thrive well into the future while we protect our brand. Together, the community and Coleco, can make the future as bright as we want it to be.

 


I'll let you guys go through that and pick out the good stuff.

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Oh boy... Just gonna leave this right here...

 

https://www.facebook.com/ColecoToys/posts/1922982161312079

 

I'll let you guys go through that and pick out the good stuff.

So even in their so-called "apology", they still spew lies and accuse Robb of being a producer. Oh, the irony of accusing others of "counterfeiting" with the accusation coming from one who sold allegedly counterfeited G.I. Joe figures. LMAO.

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And their claim that they want to "protect its buyers".... WHAT BUYERS? You need to have a product in order to have buyers. Coleco Holdings has done virtually NOTHING with their "brand." Furthermore, the homebrew developers already said long ago that they're no longer using the Colecovision logo; this "apology" is nothing more than a weak-ass attempt at damage control through their own crocodile tears. I'm amused by the phoniness of it all.

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You know what would make the phony apology sound remotely sincere? RETRACTING THE CLAIMS AGAINST THE FAN PAGE. But... NOPE! They're still attacking and lying about the fan page in their "apology."

"Don't be fooled." Don't worry, Cardillo, we'll make sure nobody's fooled by your B.S. :-D

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You know what would make the phony apology sound remotely sincere? RETRACTING THE CLAIMS AGAINST THE FAN PAGE. But... NOPE! They're still attacking and lying about the fan page in their "apology."

 

It's just business. CEOs and upper executives avoid admitting mistakes in public. Rather they sneak around the back and reword things over time. So yeh. Do not expect an apology or retraction. If one is given, then I'll be surprised.

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Coleco recently took action against one of our prior licensees based on confirmation that the licensee was counterfeiting merchandise

Coleco knew on day 1, that some of the homebrew games didn't have the copyrights in orders (Now years later)

Has to do with the SGM not being controlled by Coleco (USPTO probably wouldn't accept the mark for usage do to the above) and with ATgames basically ending Colecovision production

 

They were worried about their trademark status for game systems on the Coleco and Colecovision mark and went nuclear on a fan page

Edited by enoofu
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And their claim that they want to "protect its buyers".... WHAT BUYERS? You need to have a product in order to have buyers. Coleco Holdings has done virtually NOTHING with their "brand." Furthermore, the homebrew developers already said long ago that they're no longer using the Colecovision logo; this "apology" is nothing more than a weak-ass attempt at damage control through their own crocodile tears. I'm amused by the phoniness of it all.

AMEN!

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Quoting to make sure this doesn't get buried. This is a GREAT video! Everyone should take 20 minutes and watch this...

 

 

See, I said it would be a bad thing for CC and Coleco Holdings to get Ian mad. Now it's on like Donkey Kong (rights owned by Nintendo, not Coleco Holdings)

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Just a few snippets I thought worth highlighting. I could pick more holes in their bullshit statement but to be honest I've had enough of them and just wish they would simply piss off (apologies for the offensive profanity Chris but this is how you make me feel).

 

Lie No. 1 : "Recently our company, Coleco Holdings LLC (Coleco), has received a lot of criticism on the Internet based on a false statement by a blogger."

 

There was no "false" statement. Only the truth which seems to completely elude Coleco Holdings.

 

Lie No. 2 : "Coleco recently took action against one of our prior licensees based on confirmation that the licensee was counterfeiting merchandise."

 

Once again their lack of understanding of the English language cripples their argument. Counterfeiting is to fraudulently imitate something else. There was no fraud involved as this requires deception. Those in the gaming community know full well what they are getting when buying from any of these homebrew developers and there is certainly no deception involved. As has been said before, if they are referring to the fact that some of the games may not have been licensed from the companies that own the rights to those games, then it is up to those rights holders to enforce this and NOT Coleco Holdings.

 

They accuse the gaming community of spreading misinformation and yet they perpetuate it themselves.

 

Lie No. 3 : "Coleco is, and will continue to be, a big supporter of independent developers."

 

This has been proven to a total and blatant lie. If this were the case then they would NEVER have behaved in this manner. This was all clearly motivated by a personal attack on a "blogger", that was likely driven by Coleco Holdings association with a certain Fred K. This relationship in itself completely shatters any credibility that Coleco Holdings have with regard to them having any respect for the ColecoVision gaming and development community.

 

Stupid Statement of the Year No.1 : "We are open to licensing the use of our logos and related trademarks to publishers."

 

That boat has sailed and is on the other side of the planet now.

 

Stupid Statement of the Year No. 2 : "Coleco cannot allow its logos to be used on packages in a manner that gives buyers the impression that the product is licensed and approved for use on Colecovision hardware, when it is not."

 

Coleco Holdings have absolutely NO rights to dictate what can and can't be sold to be played on our 35 year old ColecoVisions or any future independently produced compatible hardware. There is, and never will be, any form of "approval" required. The homebrew developers have moved on and are removing the appropriate logos from their future products. Coleco Holdings - you have lost and will receive no goodwill from this community ever again.

 

And finally, the only buyers of these homebrew games are ColecoVision enthusiasts who are hardly likely to be confused when we all know that the real Coleco company is long gone.

Edited by Ikrananka
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Wow. Clearly that wall-o-text was written with help from a lawyer. I agree that it's not the whole truth.

 

This line stuck out to me:

 

"Coleco is creating legitimate, paying, jobs in the retro gaming community something we will continue to do in the future."

 

I feel that legitimate business people don't need to call themselves "legitimate."

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Wow. Clearly that wall-o-text was written with help from a lawyer. I agree that it's not the whole truth.

 

This line stuck out to me:

 

"Coleco is creating legitimate, paying, jobs in the retro gaming community something we will continue to do in the future."

 

I feel that legitimate business people don't need to call themselves "legitimate."

Furthermore, a legitimate businessman would know when not to use a comma. They're clowns from top to bottom. Maybe his "representative" helped him write a rough draft in crayon first.

Edited by DuggerVideoGames
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He is probably to busy making sure he has enough counterfeit goods for ColecoExpo especially since Hasbro and other toys expo's been banning people left and right

 

Does any of the guests look like ones for the Coleco audience especially CV as its mostly cos players and GI Joe stuff and comic stores

Edited by enoofu
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If a homebrew game simply states: “For Use on the ColecoVision Platform” in plain text in smaller text at the bottom of the label, we agree that is a fair use of the trademark.

 

"For use on the ColecoVisionTM Platform. Not developed, licensed, or endorsed by the asshats at ColecoTM Holdings, LLC."

Edited by SignGuy81
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TheClassyGamer, on 08 Jun 2017 - 6:42 PM, said:

I notice ol'boy hasn't been on in a while. Think maybe he was "advised" to stop posting here?

 

It would be the smartest advice he ever took. :lol:

 

Oh, and Al, if you ever need a body double, I think we know someone we can dress up to look like you to take the bullet. :-D

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