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  #13  
Old March 4th, 2010, 01:03 PM
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Re: Army Builder is a trademarked phrase

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Originally Posted by Jexik View Post
People use software to... draft their armies?
What? You've never seen BattlePlan? Where have you been?

On a side note, Army Builder(TM) doesn't even support HeroScape. Why are they even bothering to enforce their "rights" here? Obviously we're not talking about their software when we use the term Army Builder.
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  #14  
Old March 4th, 2010, 02:58 PM
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Re: Army Builder is a trademarked phrase

Quote:
Originally Posted by AliasQTip View Post
On a side note, Army Builder(TM) doesn't even support HeroScape. Why are they even bothering to enforce their "rights" here? Obviously we're not talking about their software when we use the term Army Builder.
That may be exactly the reason. Perhaps they are considering making a Heroscape tool, and they have the right to use that name so want to make sure there is no confusion.

Or perhaps someone that tried the tool for Heroscape that was called Army Builder, had a problem, associated Army Builder with Lone Wolf, and wants to sue Lone Wolf because they didn't win with the army that was created.

I'm sure Lone Wolf wants to be positive that there is no confusion either way - good or bad.
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  #15  
Old March 4th, 2010, 04:34 PM
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Re: Army Builder is a trademarked phrase

Quote:
Originally Posted by Targanth View Post
Quote:
Originally Posted by AliasQTip View Post
On a side note, Army Builder(TM) doesn't even support HeroScape. Why are they even bothering to enforce their "rights" here? Obviously we're not talking about their software when we use the term Army Builder.
That may be exactly the reason. Perhaps they are considering making a Heroscape tool, and they have the right to use that name so want to make sure there is no confusion.

Or perhaps someone that tried the tool for Heroscape that was called Army Builder, had a problem, associated Army Builder with Lone Wolf, and wants to sue Lone Wolf because they didn't win with the army that was created.

I'm sure Lone Wolf wants to be positive that there is no confusion either way - good or bad.
Or perhaps it's for the reason they clearly explain in the letter Truth quoted in the first post:
Quote:
In case you're wondering why we're actively policing the use of the term, it's a legal requirement that we do this. The term Army Builder is a registered trademark belonging to Lone Wolf Development and as such we have exclusive rights to use that mark in connection with any game-related computer software. If we allow the improper use of our mark, we could ultimately lose the trademark, which would allow another company to legally release a competing product called "Army Builder". We are thus required to do this. If you are interested in understanding this issue better, there is an excellent article on wikipedia (see http://en.wikipedia.org/wiki/Genericized_trademark).
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  #16  
Old March 4th, 2010, 08:25 PM
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Re: Army Builder is a trademarked phrase

I'm just glad that Q-Tip has been genericized. Otherwise I'd have to change my username to AliasCottonSwab.

EDIT: Wait a minute. Actually, I think it is still a legally protected trademark. Uh, oh.
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  #17  
Old March 4th, 2010, 08:54 PM
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Re: Army Builder is a trademarked phrase

Quote:
Originally Posted by ollie View Post
Or perhaps it's for the reason they clearly explain in the letter Truth quoted in the first post:
Quote:
In case you're wondering why we're actively policing the use of the term, it's a legal requirement that we do this. The term Army Builder is a registered trademark belonging to Lone Wolf Development and as such we have exclusive rights to use that mark in connection with any game-related computer software. If we allow the improper use of our mark, we could ultimately lose the trademark, which would allow another company to legally release a competing product called "Army Builder". We are thus required to do this. If you are interested in understanding this issue better, there is an excellent article on wikipedia (see http://en.wikipedia.org/wiki/Genericized_trademark).
It's an extremely broad and, as I understand it, incorrect reading of trademark law. It's no different than J&J coming on the forums and forcing truth to redact all postings that reference "Bandaid" to "adhesive bandage". I can say "Army Builder" all day if I want to, and it's not considered infringement. I can call my access database that I use to build armies an army builder and it's not considered infringement. In fact, the file on my computer is named HS Army Builder. You know what Lone Wolf can do about that? Jack. That's what. It's a polite letter that's still an infringement of my rights to string two words together to form a descriptive phrase that has nothing to do with their software whatsoever. And they would in fact lose nothing by not taking the actions that they're taking. They'd continue to be protected against actual infringement, because there aren't any infringing products being promoted by referring to a generic term "army builder" any more than J&J could lose their trademark to "Bandaid" by the millions of people who call adhesive bandages by that name. Bottom line - Lone Wolf should invest in some legal advice that's actually worth something.
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  #18  
Old March 4th, 2010, 10:36 PM
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Re: Army Builder is a trademarked phrase

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Originally Posted by AliasQTip View Post
I'm just glad that Q-Tip has been genericized. Otherwise I'd have to change my username to AliasCottonSwab.

EDIT: Wait a minute. Actually, I think it is still a legally protected trademark. Uh, oh.
Well, obviously your name is Alias Q. Tip. The Q is your middle name; has nothing to do with those swabs.
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  #19  
Old March 4th, 2010, 11:08 PM
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Re: Army Builder is a trademarked phrase

Quote:
Originally Posted by mad_wookiee View Post

It's an extremely broad and, as I understand it, incorrect reading of trademark law. It's no different than J&J coming on the forums and forcing truth to redact all postings that reference "Bandaid" to "adhesive bandage.
It is not exactly the same but it is worth noting that employees at J&J even have to write TM after Band Aid even in internal memos or even in internal informal emails in case their records are ever subpoenaed. They are almost neurotic about making sure not to use it generically
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  #20  
Old March 4th, 2010, 11:41 PM
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Re: Army Builder is a trademarked phrase

I have provided services to a number of companies on trademarks. To me, "Army Builder" is likely too generic a name to have any real value. It might not stand up in court because it is so generic.

Still, unless you want to hire a lawyer and fight the trademark, stop using it. To my knowledge, no one will be economically disadvantaged because of the inability to use the term "Army Builder". Lone Wolf has both a right and obligation to protect their trademark. Their letter was polite and respectful and should be followed.
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  #21  
Old May 3rd, 2010, 05:38 AM
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Re: Army Builder is a trademarked phrase

I think I'm going to trademark something and call it "Nose" so now nobody can refer to their nose by that name any more, your going to have to come up with something else to call it. Of course this is stupid. Lone wolf was not the first company to ever use the word "Army Builder" and they have no right to use it as a trademark, not unless something unique is added to it in order to make it unique from the already common phrase. What those idiots at lonewolf are doing is a stupid joke. I would say that I've lost any respect of that company, but I've never even heard of them before. I will make sure never to pay for any software or services for such an unethical company. To deny words that are so common by some corrupted twists of a poorly written law. Well, I know lonewolf is lawful evil. Of course I don't want to face those idiots in court but I know they can have no legal backing to this. I do not blame Heroscapers for following the stupid demands of this corrupt company, but that doesn't make them right. I say we obey their stupid request but boycott the company.
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  #22  
Old May 3rd, 2010, 07:44 AM
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Re: Army Builder is a trademarked phrase

Um, they may not have a super huge company, but they do have lawyers who help them with this sort of thing. If they couldn't trademark the phrase then the lawyers would tell them as much. Boycott the company for trying to protect their product... yeah OK.

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