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Coleco strong-arming homebrew publishers and fan sites

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Just check out Cardillo's linked in page. He seems to think differently when it comes to them being the originator to the Cabbage Patch Kids and the ColecoVision. :roll:

 

He lists his current position as a partner at a company called "Coleco / ColecoVision" which is highly misleading as a company with that specific name clearly does not exist. He's using that in his profile so he can simply make the claim that the company he works for were the originators of the Cabbage Patch Kids and the ColecoVision - a blatant lie.

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So, for all our upcomming games, this is what we're going to use (see below)

 

And I think that looks great J-F, nice job.

 

So with Coleco Holdings now having alienated the entire ColecoVision homebrew community it's reassuring to know that they will never achieve their objective of bullying the homebrewers into licensing whatever it is they actually own, be it the name, logo whatever. This community and the homebrew publishers are far stronger than they will ever be and will simply bypass them and carry on. Adios Coleco Holdings....

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And I think that looks great J-F, nice job.

 

So with Coleco Holdings now having alienated the entire ColecoVision homebrew community it's reassuring to know that they will never achieve their objective of bullying the homebrewers into licensing whatever it is they actually own, be it the name, logo whatever. This community and the homebrew publishers are far stronger than they will ever be and will simply bypass them and carry on. Adios Coleco Holdings....

 

Well, there's not much else we can do at this point so.....

They have rights to protect their brand so if they want to go after homebrew, they can do it

Is it the best way to do it? Sure not!

I'm super naive, so I'll always think problems would be solved and everybody will be happy

But hey, I know, I'm naive to think this way.....

 

We're not living in a perfect world, so we've to get used to those situations

 

I personally choose to not be involved in any drama, since it doesn't help my personal health situation

 

Although, I'm STILL in touch with Eduardo and Robb

I'm native but I still want to know the details/development of the situation

 

Cheers

Gotta get home to play my CollectorVision Game System ;)

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And I think that looks great J-F, nice job.

 

So with Coleco Holdings now having alienated the entire ColecoVision homebrew community it's reassuring to know that they will never achieve their objective of bullying the homebrewers into licensing whatever it is they actually own, be it the name, logo whatever. This community and the homebrew publishers are far stronger than they will ever be and will simply bypass them and carry on. Adios Coleco Holdings....

That is the spirit. I am working with J-F. Hopefully soon we will have a drama free environment again, with no blackmailing or anything. We are getting too old for this kind of shit. Things will be way better one year from now I am sure

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Whether it's a legit claim or not, it's pretty easy to deal with. When you have to reference someone else's trademark, you just have to make it clear to a reasonable person that you are not the trademark holder. The Mystique game box posted earlier had it, for instance, but none of the homebrew releases did. We also had to do similar for the Dreamcast releases (to disclaim the mandatory 'produced or endorsed by Sega' message). Simply note that "ColecoVision" is a trademark of whoever the hell they are, and that there is no connection. Trademark law is about avoiding confusion. If it's clear that you are not them, and you have a reason to use the word, they don't have a case against you.

 

One example that says it better than I can: http://seattletrademarklawyer.com/blog/2012/3/25/ways-people-can-use-your-trademark-without-your-permission.html

 

Excerpt:

 

 

 

You’re Brand X. You make lawn mowers. I repair lawn mowers. I’m perfectly ok advertising the fact that I repair Brand X lawn mowers. I just can’t imply that you have approved me or that we have a relationship that doesn’t exist. That usually means I can use your name but not your logo, and only so much of your name as is needed to get my message across.
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Whether it's a legit claim or not, it's pretty easy to deal with. When you have to reference someone else's trademark, you just have to make it clear to a reasonable person that you are not the trademark holder. The Mystique game box posted earlier had it, for instance, but none of the homebrew releases did. We also had to do similar for the Dreamcast releases (to disclaim the mandatory 'produced or endorsed by Sega' message). Simply note that "ColecoVision" is a trademark of whoever the hell they are, and that there is no connection. Trademark law is about avoiding confusion. If it's clear that you are not them, and you have a reason to use the word, they don't have a case against you.

 

One example that says it better than I can: http://seattletrademarklawyer.com/blog/2012/3/25/ways-people-can-use-your-trademark-without-your-permission.html

 

Excerpt:

 

 

Indeed

 

Pretty much like what 3rd party companies are doing with games accessories etc..

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Whether it's a legit claim or not, it's pretty easy to deal with. When you have to reference someone else's trademark, you just have to make it clear to a reasonable person that you are not the trademark holder. The Mystique game box posted earlier had it, for instance, but none of the homebrew releases did. We also had to do similar for the Dreamcast releases (to disclaim the mandatory 'produced or endorsed by Sega' message). Simply note that "ColecoVision" is a trademark of whoever the hell they are, and that there is no connection. Trademark law is about avoiding confusion. If it's clear that you are not them, and you have a reason to use the word, they don't have a case against you.

 

One example that says it better than I can: http://seattletrademarklawyer.com/blog/2012/3/25/ways-people-can-use-your-trademark-without-your-permission.html

 

Excerpt:

 

 

Please check TPR's post a few posts back and tell me what are Chris requests there. He says, that he would prefer if porn isn't promoted on the ColecoVision. For me that is a clear statement that what he wants is not so much about CV trademark use in game (otherwise they would have requested the publisher to remove the CV logo instead of filling copyright infringement claims against a fan page), but that he wants to control the content and what can and can't be promoted for the CV. He believes the CV is his platform. He seriously believe that.... funny

So it isn't about consumer confusion, it is about control. So your guidelines won't be enough for them.

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Please check TPR's post a few posts back and tell me what are Chris requests there. He says, that he would prefer if porn isn't promoted on the ColecoVision. For me that is a clear statement that what he wants is not so much about CV trademark use in game (otherwise they would have requested the publisher to remove instead of a fan page), but that he wants to control the content and what can and can't be promoted for the CV. He believes the CV is his platform. He seriously believe that.... funny

So it isn't about consumer confusion, it is about control. So your guidelines won't be enough for them.

Yes, please do not produce any porno games!

 

~Ben

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This thread has made me want to buy all the pornography Colecovision games now.

Maybe that was what the Chris guy wanted all along! Viral marketing at it's finest!!!

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There has been a lot that was posted on the official ColecoVision Facebook page that I will bring you all up to speed on. Again, if you feel like sending some support our way, some likes or comments on our posts always help. Remember that social media is still the BEST WAY to directly communicate with a company and in this case, not only are they reading this thread on AtariAge, but they appear to be active this evening on their Facebook page. Let them know you will not stand for the homebrew publishers or the fan sites to be bullied.

 

And as of this writing we still have not received any retraction email from Coleco. Please read the entire posts below. Some very interesting comments in them in regards to this whole mess.

 

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Coleco just needs to STFU. They're doing nothing but rambling on and on after their lies and false accusations; to have the audacity to accuse you of not being "true fans" is even more absurd. Coleco, you are nothing but a bunch of failures behind the curtain. If you have a PR team, that entire team should be fired, starting with yourselves.

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I hope it is not getting worse...

 

~Ben

It's just getting .... NOWHERE! Dugger is right, they just keep saying the same things over and over again. I don't understand why they simply won't submit the retraction email to Facebook. This would all be resolved in SECONDS with one email. So what is the hidden agenda item that is keeping them from doing it. Look, I even wrote the email for them (see below) and sent this to Chris and all he would have to do is copy/paste and then send the email to Facebook. It requires ZERO WORK on their part yet it hasn't been done.

 

The only thing I can think of is there has to be another reason why they simply refuse to do it. And that's what they aren't telling us and on top of that lying about it. Because if there isn't any other hidden agenda, there is literally *NO REASON* for them not to send that email.

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Have you guys thought about a hacked account?

 

There is no way that a properly educated adult, representing a company, wrote this...

 

 

 

Since when is a wannabe rapper an educated adult?

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Since when is a wannabe rapper an educated adult?

 

FUCK, I came up with that nickname first! That is my trademark right there! You can't use, sorry... :P

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And another thing... "Where were you?" SERIOUSLY? I don't even give a rat's ass about Rainbow Brite, but I KNEW ABOUT IT despite never liking your FB page. How did I know about it? BECAUSE OF THE FAN PAGE. So yes, they were there. Where were YOU, Coleco? Were you busy tying some poor girl to the train tracks?

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Please check TPR's post a few posts back and tell me what are Chris requests there. He says, that he would prefer if porn isn't promoted on the ColecoVision. For me that is a clear statement that what he wants is not so much about CV trademark use in game (otherwise they would have requested the publisher to remove the CV logo instead of filling copyright infringement claims against a fan page), but that he wants to control the content and what can and can't be promoted for the CV. He believes the CV is his platform. He seriously believe that.... funny

So it isn't about consumer confusion, it is about control. So your guidelines won't be enough for them.

 

Obviously I'm not a lawyer, but I've been in proximity to some of these things in the past. What Chris would prefer and what he has the legal right to enforce may not overlap. Comply with the law and he can make all the noise he likes. ;)

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