Coleco strong-arming homebrew publishers and fan sites

[Reaperman]

That being said, those are my own personal feelings and I get that other people will feel differently. The humor is welcome, but all I ask is that maybe we try not to take it THAT far? Is this too much to ask? (Serious question, not being sarcastic!)

 

I figure the best way to deal with somebody who has expressed extreme displeasure at "their" brand being tarnished by mature themes is to have a spot of fun tea-bagging it, but that's possibly just me. For where I'm coming from, a liberal sprinkling of smiling/joking feels better, than focusing strictly on how this trademark was acquired--the more we learn, the sadder that all gets.

 

Previous to this page, I was under the impression that I had been exercising a fair degree of self-control--oh, some of the awful things I thought of putting that logo on--but I will monitor the japery a bit harder. *closes rule 34 donkey kong tab*

[SignGuy81]

Looks exactly the same to me. Ben had nothing to go on and designed it himself I believe he said, so this means for sure they used his logo because there is no way they would be this exact.

EDIT:

Image I got and added to Ben's for comparison is on http://colecotoys.com/press-page/

 

 

 

Also another thing I've noticed different on Ben's work in above pic and the one they've conned him out of is that unlike the new flashback logo/Ben's logo all previous logos(pictured below) on the corners that are squared if it is a top left corner or a bottom right corner the outline is also squared, while a top right corner or bottom left corner will have a curved outline. For example the top right of L is curved while top left is squared outline. Top left of E is squared outline while top right is curved, and bottom right of each side of N is squared while bottom left of N is curved.

 

 

 

Ben said he had nothing to go on when looking online, this was back in 2005 and you do a google image search "coleco" or "colecovision" and custom range date to even 2006 it will return no results. Which just like he said he had to freehand it based on memory I guess or maybe also looking at the console. But my point is there is no way that he could have done that and also Coleco Holdings come up with their own that is exactly identical to his. They screwed Ben over. They couldn't use the actual logo because they had to use his that was on the picture they used to steal the TM.

Edited June 14, 2017 by SignGuy81

[Swami]

 

Ben said he had nothing to go on when looking online, this was back in 2005 and you do a google image search "coleco" or "colecovision" and custom range date to even 2006 it will return no results. Which just like he said he had to freehand it based on memory I guess or maybe also looking at the console. But my point is there is no way that he could have done that and also Coleco Holdings come up with their own that is exactly identical to his. They screwed Ben over. They couldn't use the actual logo because they had to use his that was on the picture they used to steal the TM.

This would make more good material for Pat.

[Benheck]

2005 was like hundreds of projects ago so it's hard to recall, but my method would have been this:

 

1) Find best image possible on Google.

 

2) Blow up / clean up image.

 

3) Find closest font and lay over in Illustrator.

 

4) Modify font vectors to match original as close as possible.

 

At the time, for the commission project, I would have gone for "good enough"... anything that at least captured the feel of the original logo. If anyone wants to be a real "vector detective" I could email them the AI files.

 

Keep in mind RWB was scooping up ancient dead marks, so they'd have no access to original files. Even if mine weren't perfect they'd be better than nothing.

[Andromeda Stardust]

New Coleco is starting to become the spiritual successor to Digital Homicide

 

Digital Homicide tried the same thing with Jim Sterling, which sued him for reviewing one of their games

 

 

Warning the video has swearing

38 minutes of my life wasted. Not that it matters though. I don't like this donkey ravine and his video series but he has a valid point against corporate bullies. I'd really like to get Jimquisition's opinion on Chris Cardillo and Coleco. The "whole world doesn't have enough popcorn" to contain that fallout...

 

Round 1: FIGHT!

[Swami]

First licensing a trademark to Ben for an item that didn't need a trademark (in 2008), so they could say they were using their trademark for licensing in 2005, but now licensing a trademark to Ben that they had to get from him? How more FUBAR could Coleco's 2008 trademark approval get?

 

Unfortunately, even if they lose the trademark, it would be tricky to use the word Colecovision, when it has Coleco in it. It would be like naming a product brand as "MicrosoftWare". But at least we could use the logo, we just couldn't name something after it, like "Colecovision 2018 Console" or something like that - and would have an easy time using CleoVision or (my personal favorite) CalicoVision.

If they lost the trademark, could someone else buy it? It says on the USPTO page Coleco could not reapply, but it doesn't say someone else couldn't.

[Andromeda Stardust]

Let's just call it Rainbow Vision from now on. Like Pat said, "I'm gay for Coleco". Or was it, "I'm gay for AtariAge?" Dangit, now I have to rewatch the podcast videos again...

[phoenixdownita]

As usual I have not read all the posts so may as well ask.

 

Did they release TPR fanpage from infringement so everyone can go on with their lives and preferred hobby?

Is there any indication they will? Even just pretending is a gesture of goodwill for the community ... you know so that they do not have to admit that they were wrong but we can close the chapter.

 

I think I now understand a little the ego thing but it's so lonely where Cardillo is going that it's not really worthy. There are no Millions there, just dragons. I believe he's going to "take an arrow in the knee" and then alone, admit that "I'm error" ... so lonely.

[Schizophretard]

I apologize for trying to take away any of the humor or making it seem like I was trying to control the direction of this thread. I'm man enough to admit when I was wrong and will retract my statements, unlike Chris Cardillo, and again I apologize.

 

You make it look so easy.

 

Chris,

 

Read the quote above. Do that then retract the false Trademark claim. It really is as simple as that. For the record.

 

My reasoning was that I felt this thread was a little more serious since it directly impacts members of this community and the homebrewers that had built it up. And while I appreciate poking fun, I personally felt that ColecoVision condoms and a Cardillo enema may have been going a bit too far, because the last thing we would want is to give any additional ammunition to those who claim anyone here is bullying or harassing and I wouldn't want anything to reflect poorly on our community.

 

Chris was already claiming that we were bullying over facts. It's the same Mike Kennedy,"Drunken haters and trolls!" tactic. So, saying anything at all critical, factual, and based in reality he will use as ammunition. And what is wrong with giving them ammunition? Every time we do it works in our favor because they end up using it to shoot themselves in the foot.

 

The thing I found funny about Coleco condoms and enemas is that if companies were to really try to get Coleco licenses from them I believe they would actually give them. The thing I appreciated about the jokes is that it shows a complete disrespect for their trademark which the evidence shows they haven't earned any respect for either legally because of how they got it registered or from us by their behavior towards the community. That is one of the things that I don't completely get about the homebrewers that are dropping the Colecovision mark. On the one hand, it does seem to be defending themselves but, on the other, it kind of seems like they aren't because in a way it seems to be agreeing with them that it is up to them which games get to become "official" by basically saying,"Okay, I won't get a license and will just release an unofficial version." which it kind of saying that if they were to get a license it really would be official. That is why if I were a homebrew developer and "Coleco" came to me with this licensing nonsense I would respond with:

 

"Hell no! You do realize that I'm doing this as a hobby, right? How about this deal? I keep making whatever games I want with as much "hardcore porn" as I want, arcade ports that I want, etc. with whatever box and label artwork that I want with COLECOVISION on it and you can just go... I don't know... maybe make something of your own other than counterfeit bills? And you can threatening me all you want about taking me to court because you are bluffing. Everything you do is cheap. You can't afford an editor for your Toy Fair flyers and even after they become an embarrassment to your brand you still sale them on eBay. You can't create your own console or games but have to try to make dollars off of others' work. Your website looks cheap and your Expo commercial looks like a parody. Everything you do looks unprofessional and cheap. Everything you do looks entirely incompetent and yet your boss can't even afford to replace YOU? And the value of your brand drops every moment you work there. So, what makes you think that I have any reason to believe that you are willing to spend the time and money to take me to court just so I can bring all this Ben Heck and other evidence more out in the open? Besides, even if it happened I could get you out of the courtroom just by flipping a penny out the door. If you think I buy any of your nonsense and will adjust my behavior accordingly then you are dumber than a box of Coleco Condoms. Bye!"

 

That's the nice and censored version of what I would say.

 

That being said, those are my own personal feelings and I get that other people will feel differently. The humor is welcome, but all I ask is that maybe we try not to take it THAT far? Is this too much to ask? (Serious question, not being sarcastic!)

We can try but they appeared to be reasonable product jokes to me.

 

[DuggerVideoGames]

As usual I have not read all the posts so may as well ask.

 

Did they release TPR fanpage from infringement so everyone can go on with their lives and preferred hobby?

Is there any indication they will? Even just pretending is a gesture of goodwill for the community ... you know so that they do not have to admit that they were wrong but we can close the chapter.

 

I think I now understand a little the ego thing but it's so lonely where Cardillo is going that it's not really worthy. There are no Millions there, just dragons. I believe he's going to "take an arrow in the knee" and then alone, admit that "I'm error" ... so lonely.

They have not. Pretending wouldn't be a good gesture; it is insulting and nothing less than a retraction is acceptable. They've already burned their bridges and made things worse. The fact that this topic still has so many pages and is still ongoing makes it quite obvious. There is no point in even trying to understand how a moronic bully is a moronic bully, HE JUST IS.

[enoofu]

 

 

....individual is of Italian decent and is so immersed within the culture he might be mistaken for a poser. Yet J. Fontaine, who is Pennsylvania born and Jersey bred, knows the uphill battle that awaits

Doubt Chris will ever apology since his alter ego is basically a Jersey Shore reject

 

 

Source:http://jerseymintrecords.com

[Rey]

 

OoOOoohhh!!! NOW you tell us.

Thread banning is a mod's best friend. All the years I was a mod I liked this feature as it helps avoid banning a member all together. Usually a thread ban will do it.

[TPR]

Did they release TPR fanpage from infringement so everyone can go on with their lives and preferred hobby?

 

No. We still have those strikes against us. And while the page is active, having those strikes against your page in the Facebook system is never good.

 

That being said, the support we've received since this whole mess has been incredible! Our page never saw engagement like this before...

 

So I'd have to say that Cardillo's attempt at silencing our page to bring more attention to his poorly run social media channels most certainly backfired on him! It just goes to show, once again, that if you treat people well, they will return the favor. And we thank you for that!

[the80sgamer]

 

Hey look! It's the expo!

 

They couldn't even get the name spelled correctly!

Edited June 14, 2017 by the80sgamer

[atm94404]

So with the whole Ben Heck logo/bogus trademark filing, there are some interesting possibilities:

 

1) Ben Heck could (if he so desired) grant homebrew developers the right to use HIS logo. This assumes that Ben Heck didn't sign a binding legal document granting RWB all rights to his artwork. I'm guessing he didn't because if RWD did make him sign a contract (instead of just a "sure, go ahead and use this" email), I'm thinking Ben would have smelled a rat. And if they DID make him sign a contract (for no pay) on the basis of "Yeah, we'll grant you use of OUR trademark in exchange for the logo", the contract is invalid because they had no trademark to exchange at that point.

2) On that assumption (that Ben Heck didn't sign away in a binding contract that logo), he could also issue a DMCA notice to Facebook for Chris Cardillo's Coleco Page.

3) If Ben wanted to, he could ask AtGames to stop using his logo. I'm not suggesting Ben sue them or anything (because I think AtGames is totally innocent if maybe naive in failing to perform due diligence with RWB), but I bet if Ben provided AtGames with the proof that the artwork is his THEY would immediately go after RWB. AtGames must have legal resources for this sort of thing. Once put on notice, they would have an obligation to ask RWB for proof of ownership of the logo AND proof that they properly own the trademarks and copyrights. AtGames would probably be willing to fight this fight (to get RWB's trademark revoked) because they could have substantial monetary and legal exposure if the Flashback units (which are still being sold) could all be returned or worse, confiscated because of using stolen artwork (and maybe unlicensed ROMs). Not to mention, the incident could damage their reputations if Toys R' Us and Amazon would be wary of carrying the next Flashbacks because of potential copyright and trademark infringements.

 

Just for food for thought.

Edited June 14, 2017 by atm94404

[SignGuy81]

2005 was like hundreds of projects ago so it's hard to recall, but my method would have been this:

 

1) Find best image possible on Google.

 

2) Blow up / clean up image.

 

3) Find closest font and lay over in Illustrator.

 

4) Modify font vectors to match original as close as possible.

 

At the time, for the commission project, I would have gone for "good enough"... anything that at least captured the feel of the original logo. If anyone wants to be a real "vector detective" I could email them the AI files.

 

Keep in mind RWB was scooping up ancient dead marks, so they'd have no access to original files. Even if mine weren't perfect they'd be better than nothing.

 

 

I did a couple logos like that in CADD when in college. I apologize for the misunderstanding I but I thought it was another post you mentioned you couldn't find an image which is why I was thinking you freehanded the thing. But yeah if there was already an image like that and you did it the way you mentioned then I guess it could be a possibility for them to match that closely. However I'm with everyone else on the thread, that logo as is never showed up anywhere in the space/time continuum until you made it. I sent you my email address in your inbox if you would like to send me the vector files. Would be nice to have theirs too(which I have no doubt is the exact same file(s) as yours).

 

EDIT:

 

 

They also asked if I could email them the vector files of the Colecovision logo. At the time there was nothing usable on the web so I had re-drawn it from scratch.

 

I believe I understand where I was mistaken now. This explains why the rainbow is different in the handheld and your vector files. You meant at the time closely before you sent them the vector files in 2008 you had drawn them from scratch and I thought you meant originally in 2005. Again sorry for the misunderstanding.

 

EDIT 2:

However what this proves then since the one you did in 2008 was drawn from scratch, the one you showed us, is the one they are using with the same rainbow pattern. The first one you did in 2005 if like you mentioned may line up and match perfect with an existing logo, but one drawn from scratch as the 2008 wouldn't. Very odd coincidence that theirs pretty much matches yours to a tee. I'll take a closer look later if I get the vector files.

Edited June 14, 2017 by SignGuy81

[toiletunes]

Dear Coleco Fan Pages:

All your base are belong to us.

Signed, RWB.

[ValkerieSilk]

 

Hey look! It's the expo!

 

They couldn't even get the name spelled correctly!

 

[Reaperman]

So now I communicate in the form of dad-rap. It's a thing, let's not question it.

Emcee Reaperman, da true Coleco fan,

Grabs his stick, and is quick,

when it's time, for Galaxian.

Or Mister Do? Oh no you didn't,

Omega Race is great,

but I'll tell ya what isn't,

Using people's work, implying its your own,

For a while it'll fly and we'll leave it alone,

But poke us a bit, tempt us to dig,

It's pretty messy lipstick on that pig.

Werd. Yeya.

Edited June 15, 2017 by Reaperman

[adamcon]

 

So now I communicate in the form of dad-rap. It's a thing, let's not question it.

Emcee Reaperman, da true Coleco fan,

Grabs his stick, and is quick,

when it's time, for Galaxian.

Or Mister Do? Oh no you didn't,

Omega Race is great,

but I'll tell ya what isn't,

Using people's work, implying its your own,

For a while it'll fly and we'll leave it alone,

But poke us a bit, tempt us to dig,

It's pretty messy lipstick on that pig.

Werd. Yeya.

 

NICE "poem"

[ValkerieSilk]

Hmmm ... Threads at 69, eat that Coleco Holdings...

[the80sgamer]

Hmmm ... Threads at 69, eat that Coleco Holdings...

 

And currently over at that new Coleco....

 

 

[Jinks]

Threads starting to die off.. Who is getting off the couch to make popcorn?

[tschak909]

These guys will be by, soon...

 

[Keatah]

Good grief! What the fuck are those things?