Army Builder is a trademarked phrase
A company called Lone Wolf Development contacted me with the following letter. In short the term Army Builder is trademarked. They pointed out several place where the term was being used on the website. I took care of the places that they pointed out by simply changing the term Army Builder to Army Drafter. Here is the letter:
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Re: Army Builder is a Copyrighted phrase
Sounds like they're at least being cool about it, and not just dropping a hammer like GW would.
BTW, Lone Wolf's software... sooooooo good. |
Re: Army Builder is a Copyrighted phrase
He was quite nice about it.
I've read the article on genericized trademarks before and it's not pretty. The word "escalator" and "band-aid" are prime examples, and I can completely see where he's coming from. :) You might want to contact Jay Cain about that too, if neither you nor the Lone Wolf guy has already. |
Re: Army Builder is a trademarked phrase
How did they find out about this?
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Re: Army Builder is a trademarked phrase
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Re: Army Builder is a trademarked phrase
It's been going on for a while. Privateer Press got one that wasn't quite as politely worded. Personally, I don't think they can ask what they're asking, just like Johnson and Johnson can't sue me as an individual for calling an adhesive bandage a Bandaid. If someone is marketing an alternate product under the term Army Builder then that's infringement, but I can call any software I want an "army builder" and not be liable for squat, as long as I'm not selling or promoting it.
Not trying to knock Lone Wolf or anything but the whole IP situation in relation to online content is getting ridiculous. |
Re: Army Builder is a trademarked phrase
They actually did a really long segment about this on Episode 49 of theD6generation.com, including an interview with the President of Lone Wolf.
One of the hosts of the D6 is also a lawyer and explained a lot of why companies have to do this. It was a really informative podcast. Apparently Lone Wolf (along with every other company that has something trademarked) has to do their own policing of this kind of thing, otherwise they risk losing the name and can't stop anyone from releasing a product under the same name (which in turn is obviously bad for them). |
Re: Army Builder is a trademarked phrase
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Anyways, apparently this company had netbook trademarked back in like 1998, but discontinued the line of computers in like 2003. So, like 6 years later they tried sueing people like Dell and Google and such for using the word netbook. I am not sure whatever happened to the case, but I doubt it went anywhere. The main opposition was that netbook had already come into common use, and because they didn't stop it years earlier as it was starting to come into use, they basically "lost" the trademark. |
Re: Army Builder is a trademarked phrase
"Army Builder" seems like a pretty generic term to trademark. I'm mean if your using a tool to build an army wouldn't you naturally call it an army builder?
(No, silly it's a Roster Creation Tool. :duh:) |
Re: Army Builder is a trademarked phrase
Yeah, it's definitely a generic sounding name. That's what I named my spread sheet I built that does all my Scape armies for me.
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Re: Army Builder is a trademarked phrase
It's also a dumb trademark because it can apply to non-software related ideas. For example, I could say that nyys is a great army builder because he creates unique lists, couldn't I? It's such a generic term.
The whole patent/trademark/copyright system in this country is so broken it's ridiculous. |
Re: Army Builder is a trademarked phrase
People use software to... draft their armies?
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