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Coleco strong-arming homebrew publishers and fan sites


TPR

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Sadly the five year period for filing objections is long over. There is still enough strong evidence here, I believe, to show that Chris Cardillo acted in bad faith.

 

Now where is the gofundme lawyer page? Any real lawyers at AtariAge? Has anyone consulted one about this? Do we even have a case at all?

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Sadly the five year period for filing objections is long over. There is still enough strong evidence here, I believe, to show that Chris Cardillo acted in bad faith.

 

Now where is the gofundme lawyer page? Any real lawyers at AtariAge? Has anyone consulted one about this? Do we even have a case at all?

Fraudulent statements can reset a clock, believe opcode has talked to a real lawyer

Edited by enoofu
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https://www.uspto.gov/about-trademarks

By revoking a trademark it would go into the public domain so anyone could use it

 

 

Where does it say that? Other things seem to state otherwise. For an example:

 

What if the trademark registration expired or was cancelled?

Even if a trademark registration expires or is cancelled, the trademark owner may continue to have "common law" rights in the mark. Federal registration typically does not create rights in a mark but rather confers benefits and protections in addition to rights established by common law. Common law rights arise from actual use of a mark for particular goods or services and may allow the common law user to successfully challenge another party's use in court.

 

 

That sounds like you could lose the extra benefits and protections from the registration but still have the rights established by common law. While reading through the links in the site it seems to be the difference between the use of TM(which to my understanding seems to be somewhat automatic like a copyright at the moment you use a mark commercially or with a prior intent to use it commercially with a TM after it but unlike a copyright it can be lost if you don't challenge someone infringing on it) and ® which can only be used with a mark that is registered. So, he could lose the registration but still try to defend the trademark based on common law which he would likely still lose from so many homebrewers using it prior to him with none of them making it a trademark that they protected by challenging others that used it after them. However, it is seems unclear rather it could become public domain in the sense that multiple parties could call themselves Coleco or give the impression that they are Coleco by still using it as a trademark. For an example, maybe instead of becoming public domain it just becomes completely dead as being allowed to be used as a trademark because if multiple parties are using it as such it could cause market confusion by people thinking they are buying from Coleco. But it might not be an intellectual property thing at that point but more like the kind of thing where the customers could have a class action lawsuit for fraud against these multiple parties for making them think they were buying Coleco products. However, that may be a very unlikely thing to happen because I doubt a big group of people are going to be confused by a bunch of homebrewers. Maybe they could if AtGames released another Colecovision Flashback as a mass market product and still included a Coleco trademark or something like that. But they would be unlikely to include the Coleco trademark by only having the AtGames and Flashback marks with Colecovision and/or Coleco used generically.

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Then after Albert disagreed with Cardillo's whining about being "bullied", Cardillo attempted to stir people away from the AtariAge forums by creating a new forum for Atari and calling his new forums the defenitive Atari forums (LMAO!).

 

Need to correct you here. Cardillo didn't create a new forum, he referred people to another existing Atari forum. The forum in question has been around for years.

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Here's what I sent them in 2008.

 

coleco_logo.jpg

 

Again, the original (and only) Coleco portable I made was in 2005, by commission for a customer who was not associated with RWB.

 

And yes as some have mentioned it was a heavily modded original Colecovision, not a new machine. And by looking at the dates on these provided logo files, RWB contacted me over 2 year after I built the one-off.

 

It really looks like Brock Bold font except for the spacing and the missing curve at the bottom of the E. I remember modifying this font more than a decade ago based on the ColecoVision logo it worked just fine. I've tried to share the font file online, but somehow it's nowhere to be found. I remember using it in a pdf file, so maybe the font is embedded in a pdf file near you.

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It really looks like Brock Bold font except for the spacing and the missing curve at the bottom of the E. I remember modifying this font more than a decade ago based on the ColecoVision logo it worked just fine. I've tried to share the font file online, but somehow it's nowhere to be found. I remember using it in a pdf file, so maybe the font is embedded in a pdf file near you.

 

This one?

 

http://dejarik.net/brock.zip

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I have no idea to what you might be referring. It was probably accidental. Simpsons, Star Wars, and musical theater references are more my speed.

When you said to TPR, "A winner is you!" Pro Wrestling was an NES game that had this screen after every win (picturing whichever wrestler you used).

 

 

post-45996-0-96193700-1497373865.jpg

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When you said to TPR, "A winner is you!" Pro Wrestling was an NES game that had this screen after every win (picturing whichever wrestler you used).

 

 

attachicon.gifA Winner is you.jpg

Ah yes, the old game. That's totally in character for me. I thought you meant the "sport" of Pro Wrestling.

 

I was thinking of this (Space Giraffe), which was referring back to the old NES game.

 

post-2410-0-37794300-1497374298_thumb.png

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When you said to TPR, "A winner is you!" Pro Wrestling was an NES game that had this screen after every win (picturing whichever wrestler you used).

 

 

attachicon.gifA Winner is you.jpg

That phrase has been passed around so many times, it could refer to anything, like for instance this NES music cart that plays real wav sound of retro inspired live music played exclusively through the NES DSP channel. It's the NES equivalent of Pitfall II bus stuffing the TIA register.

http://www.retrousb.com/product_info.php?cPath=36&products_id=143

WYbig.png

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Ok guys.... The humor stuff is funny as hell, yes. But let's try to keep this thread on topic. Given the circumstances and who this thread is about, I'm SURE it won't be long until there are new developments we can all discuss. ;)

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It really looks like Brock Bold font except for the spacing and the missing curve at the bottom of the E. I remember modifying this font more than a decade ago based on the ColecoVision logo it worked just fine. I've tried to share the font file online, but somehow it's nowhere to be found. I remember using it in a pdf file, so maybe the font is embedded in a pdf file near you.

 

It's closer to a modified Eurostile Bold Extended 2. That's what the Coleco logo uses. I had to make my own version recently.

 

post-2641-0-31832900-1497382573_thumb.png

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Good idea. Let's keep this one more or less on the topic of "Coleco™ strong arming homebrew publishers and fan sites"

 

Here's a toilet thread we can use until it's shut down.

 

It's shut down. No need for a thread like that on AtariAge.

 

Thank you,

 

..Al

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You can actually make fake Tweets (just for fun) like I did here:

 

Guys, please try to respect what I posted earlier:

 

 

Ok guys.... The humor stuff is funny as hell, yes. But let's try to keep this thread on topic. Given the circumstances and who this thread is about, I'm SURE it won't be long until there are new developments we can all discuss. icon_wink.gif

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Maybe you should remind people that we have the ability to remove individual users from any given thread? :ponder:

 

Consider this the reminder. Also we DO NOT NEED "Coleco Humor" threads either on this forum. We have already had to remove two of them. Thanks for your understanding.

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