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EA v Edge Games, and Edge Games v the World: The downfall of Tim Langdell

phisheep

phisheep

NeoGAF's Chief Barrister
Update 24 April 2013: What the cancellations mean

1544.jpg
Tim_Langdell_-_Frowny.jpeg


Background

The notorious trademark troll, serial liar, and incompetent forger Tim Langdell, of Edge Games, Edge Interactive Media and all other things Edge, is on the run. See post #2 for an abbreviated summary so far, this Eurogamer article for general background on Langdell’s activities, and this piece on ChaosEdge for the legal background to the EA case.

This thread (and its predecessor, but I’ll migrate all the key tracking stuff into here) is to make sure Langdell has no place to hide. I’m hoping that it will be incidentally entertaining as well!

Langdell’s EDGE trademarks were CANCELLED by the Commissioner of Trademarks on 17 April 2013 in accordance with the District Court order of 8 Oct 2010. No, I don’t know why it took them so darned long either.

Though this seems to take a guillotine to Langdell’s activities, it is more like setting off a firework and there are likely to be all sorts of things triggered off by it, including civil and criminal cases and whatever desperate escape tactics Langdell comes up with.

Thread Index

(I've a suspicion this thread is going to get complicated, so indexing significant posts here - let's see how it goes)

24 Apr 2013: What the cancellations mean (phisheep)
25 Apr 2013: New trademark applications (phisheep)
 
phisheep

phisheep

NeoGAF's Chief Barrister
Previously on GAF

Jun 2009 iPhone Game Edge pulled because of "edge" obssessed bastard.
Aug 2009 IGDA (not) stepping up to possibly remove Tim Langdell from board
Aug 2009 IGDA Announces Dr. Tim Langdell has stepped down from IGDA Board
Sep 2009 "Edge" is free?! EA to Tim Langdell: "Fuck you"
Nov 2009 Langdell still a giant bag of shit - Edge gets pulled AGAIN
Oct 2010 EA vs Edge trademark case - GAME OVER! - read post #169
Jul 2011 Tim Langdell continues trolling by releasing "EDGEBobby2" for iOS
Jun 2011 Tim "Trademark Troll" Langdell Court Update (Rock, Paper, Shotgun article)
Oct 2010 EA v EDGE GAMES, the Aftermath. Thread of the Decline and Fall of Tim Langdell
Apr 2013 Tim Langdell defeated at last ! Some loose ends That one was a bit of a false start, my fault entirely

Other Internet Resources

There’s a lot of derivative or wrong or ill-informed stuff out there. This lot seem sound and reliable/original. Sorry if I’ve missed some good stuff out, drop me a note if I’ve missed anything important.

Aug 2009. Simon Parkin at Eurogamer. Even-handed and thoughtful history up to the threats to Mobigame.
May 2009. Simon Carless at Gamasutra on Langdell and MobiGame (then taken down and reposted Jun 2009)
May 2009. Tom Buscaglia of the IGDA defending Langdell. To his credit he hasn’t taken this post down (though he did edit it a bit when hindsight became available).
ChaosEdge, the home and hub of Langdell research, excellent original research and great fun to read all the way through. This site has been cited against Langdell in court documents and is the primary cause of his being caught out. A must-read.
Jun 2011. John Walker at RockPaperShotgun. Report on the Future Publishing victory in the UK High Court
Jul 2011. Fred Dutton at Eurogamer. Reporting on a Langdell attempt to defend his character (and besmirch Future Publishing)

Trademarks and trademark applications

Live Trademarks

USA 3774697 MYTHORA, for computer game software. This one might be for real, see the Chaosedge article.

UK UK00002517177 EDGE OF TWILIGHT registered Jan 2010, attempt to scam Fuzzyeyes
UK UK00002540453 EDGE, for game software and related entertainment services. Applied March 2010, Opposed August 2010. Still being opposed.
UK UK00002520453 KILLER EDGE RACING. For computer game software. scamming Video Mind Games, should never have been allowed on the register as it stood

GER 395177324 EDGE. For magazines and publications mostly. Split off from Future Publishing mark in 2006-ish


Live Trademark Applications

USA 85147499 EDGE GAMES for videogames. New application 7 Oct 2010. Application suspended 6 Jul 2011 as behind Mobigame’s application. See post #203 sect 4.
USA 85704825 SL8 for computers and carrying cases. New application 15 Aug 2012, registration refused as purely descriptive 18 Dec 2012.
USA 85891791 EDGE PC for computer hardware. New application 1 Apr 2013
USA 85891810 EDGE GAMING PC for computer hardware. New application 1 Apr 2013

Dead Trademarks and Trademark applications

Cancelled by court order Apr 2013

USA 2219837 EDGE, for printed matter, publications, packaging etc Cancellation ordered by District Court 8 Oct 2010, by TTAB 11 Jul 2011 and again by TTAB 9 Apr 2013, cancelled 17 Apr 2013
USA 3559342 THE EDGE, for video game peripherals, software, mugs, T-shirts, toys etc Cancellation ordered by District Court 8 Oct 2010, by TTAB 11 Jul 2011 and again by TTAB 9 Apr 2013, cancelled 17 Apr 2013
USA 2251584 CUTTING EDGE, for illustrated comic books and magazines Cancellation ordered by District Court 8 Oct 2010, by TTAB 11 Jul 2011 and again by TTAB 9 Apr 2013 (scammed from Marvel in 2005), cancelled 17 Apr 2013
USA 3381826 GAMER’S EDGE, for computers, hardware, audio kit, games and consoles etc Cancellation ordered by District Court 8 Oct 2010, by TTAB 11 Jul 2011 and again by TTAB 9 Apr 2013 (subject of the Velocity Micro case), cancelled 17 Apr 2013

Surrendered or abandoned, probably as a result of court settlements or failed or successful scams

Because of the timing, applications abandoned and trademarks surrendered in October 2010 are likely to be part of the settlement of the EA case in the District Court or the Future Publishing case in the High Court. Applications abandoned before then appear to be due to not being able to (or wanting to) prove actual use or intent to use, usually after a successful (or failed) scam.

USA 3105816 EDGE, for printed matter (magazines to bumper stickers), writing instruments Cancellation ordered in EA v Edge Games, rejected by USPTO as part-owned by Future Publishing, eventually Cancelled 25 Jan 2013 for failure to declare continued use
USA 3585463 EDGEGAMERS, for online gaming clubs. Surrendered 14 Oct 2010. Scammed from John Coates and Mike Zerbe http://www.edgegamers.org/ in 2009.
USA 2727547 EDGE OF EXTINCTION, for computer game software. Surrendered 14 Oct 2010. Scammed from Cybernet Systems in 2009.
USA 78981284 EDGE, for software. Application abandoned 14 Oct 2010 after opposition by EA.
USA 85032734 MIRRORS, for videogames. Application abandoned 15 Oct 2010. after rejected by USPTO for similarity with Mirror’s Edge and others.
USA 78807479 EDGE, for computers etc. Application abandoned 15 Oct 2010. Failed attempt to scam Edge Tech Corp.
USA 77775292 KILLER EDGE RACING for game software Application abandoned May 2010 attempt to scam Video Mind Games without revealing it was Langdell doing it
USA 77746865 EDGE OF TWILIGHT for game software Applied Jul 2009Application abandoned for non-use Aug 2010 attempt to scam Fuzzyeyes
USA 77738682 EDGY for game software Applied May 2009 Application abandoned Aug 2009 part of the attack on Mobigame
USA 77069878 EARTHEDGE for computer games and entertainment services Applied Dec 2006 Application abandoned Apr 2010 apparently scammed from John Pafford then abandoned for failure to declare use
USA 75029400 EDGE for computer hardware, software and games Applied Dec 1995 Application abandoned May 1998 application to reinstate in 2008 denied as out of 2-month time limit!
USA 75283999 MAGIC EDGE for computers, watches, magazines, mugs golf balls, games etc etc Applied April 1997 Application abandoned Jul 1998 on petition attempt to scam Namco probably (but golf balls? Really?)
USA 75283997 SOUL EDGE for toys, games, magazines, mugs, T-shirts etc Applied Apr 1997 Application abandoned Jun 1999 for failure to respond attempt to scam Namco
USA 75077115 LEADING EDGE for peripherals, magazines, mugs, T-shirts, consoles etc software Applied Mar 1996 Application abandoned Jan 1999, refused by USPTO no idea what this was for
USA 75077114 CUTTING EDGE for game software Applied March 1996 Application abandoned Jan 1999, failure to respond don’t know what this was for
USA 75029401 EDGE 3D for computers, accessories, games Applied Dec 1995 Application abandoned May 1998, failure to respond
USA74390998 EDGE for comic books, graphic novels, illustrated stories Applied May 1993 Application abandoned Aug 1997 after opposed by Collector’s Edge of Tennessee early record of Langdell losing at USPTO (and before the Future Publishing agreement)
USA 1883671 MASTERS OF THE GAME for game programs Registration cancelled Mar 2002 for failure to declare commercials use and after opposition from Acclaim Entertainment


UK UK00002516573 MIRROR’s SPORE applied for May 2009 Application withdrawn 16 Oct 2010. after opposition
UK UK00002516575 SOULSPORE applied for May 2009 Application withdrawn 16 Oct 2010 after opposition
UK UK00001562099A EDGE, for stationery, posters packaging etc relating to video games etc. Revocation case withdrawn 16 Oct 2010. Revoked 11 May 2012
UK UK00002147008A EDGE 3D, for Computer hardware and peripherals, printed materials. Revocation case withdrawn 16 Oct 2010. Revoked 11 May 2012
UK UK00002147013A THE EDGE, for hardware etc, stationery etc, games & toys etc, amusement s & media etc, Rental and consultancy etc. Revocation case withdrawn 16 Oct 2010. Revoked 11 May 2012
UK UK00002147022A MAGIC EDGE, for hardware, stationery, clothing and amusements etc. Revocation case withdrawn 16 Oct 2010. Revoked 11 May 2012
UK UK00002147035A EDGE NET, for hardware, stationery, amusements etc. Revocation case withdrawn 16 Oct 2010. Revoked 11 May 2012
UK UK00002147040A GAMER’S EDGE, for hardware, stationery, clothing and amusements etc. Revocation case withdrawn 16 Oct 2010. Revoked 11 May 2012

GER E32199/2050767 EDGE. For computer game software. Cancelled 2003 and file destroyed
 
phisheep

phisheep

NeoGAF's Chief Barrister
(I've started revising the OP and so on. Going to alternate that with update posts to try and get back into real time on this stuff.)

Before we get into the nitty-gritty of recent filings, it is worth pausing to reflect what these cancellations mean and to try and draw some conclusions about what happens next.

Most obviously, it means that Langdell no longer has registered trademarks for EDGE and its variants in the USA. He anticipated this a long time ago, when he replaced the ® mark (which is for registered marks) with the ™ mark (which includes unregistered trademarks on the US version of his website.

So, Langdell is still laying claim to unregistered trademarks in EDGE and associated things. He’s claimed several times before now that the District Court order upheld his common law (unregistered) rights – that’s not quite true: the order didn’t strip him of any common law rights he might have, but it is a long way short of upholding such rights. Doesn’t even mention them in fact.

There are two problems here though.

First, unlike a registered trademark which gives defacto protection for a trademark in a whole class of goods/services, a claim to an unregistered mark has to be proved. And that means evidence of actual trading in the mark for the specific type of goods. As we know, Langdell doesn’t have such evidence. None that has convinced any court over the last few years anyway. So he’d have real difficulty in establishing any legal claim.

Second, and much worse for Langdell, is that typically a common law trademark right cannot be assigned to somebody else unless you also assign the underlying business and the goodwill associated it. And this is something that none of Langdell's (ex-) licensees have done. So, for example, any common law rights regarding the use of EDGE for computer hardware probably belong to Velocity Micro and not to Edge Games (which has never traded in PCs) and similarly any rights in comics belong to Marvel etc etc.

With the cancellation of the registered marks Langdell has, so far as I can tell, no trademark rights to EDGE for anything at all in the US.

And that lays the field wide open for his (ex-) licensees to claim back their marks, to oppose any attempt by Langdell to reregister the marks, to press for him to remove references to them from his website and in all probability to sue him for breach of the licensing agreements he had them agree to under threat of whatever he threatened them with.

That’s a big black hole for him.
 
H

H.Protagonist

[-_-]/
I will return to read this more thoroughly after work, but I just wanted to say how entertaining and fascinating this saga had been. Thanks for all the research, explanation and effort, phisheep. Your Langdell threads continue to be some of the best on Gaf.
 
phisheep

phisheep

NeoGAF's Chief Barrister
On 1 Apr 2013 – well before his existing marks got cancelled - Langdell applied for two new trademarks. I missed that in all the excitement somehow.

USA 85891791 EDGE PC for computer hardware. New application 1 Apr 2013
USA 85891810 EDGE GAMING PC for computer hardware. New application 1 Apr 2013

Both of these applications specifically reference that the PCs are made and sold by Edge Games’ licensee Velocity Micro.

Trouble is that since the cancellation of the trademarks on 17 April, Velocity Micro is (in all probability) not a licensee of Langdell. So he can’t claim Velocity Micro’s work as his own or as being done under license, so he also can’t claim any rights to a trademark.

This one should die flat. There’s no grounds for it. However, Langdell is skilled at dragging out court cases and might well yet bully Velocity into submission as he did last time around.

That’s why I’m hoping for a ‘vexatious litigant’ ruling from TTAB, which would rather stifle Langdell’s attempts to foist litigation on people, or at least to threaten it.

Looks to me like Langdell has realised, somewhat belatedly, that he has a problem with his current licensees, and has decided rather against the odds to choose Velocity as the one ripe for the picking.

Well, there’s plenty of time to sort that out. Velocity can afford to wait about three months before having to oppose Langdell’s application, by which time he may well be somewhat stifled in his approach to the courts. We’ll have to wait and see a bit.

But it’s an example of the sort of thing Langdell might get up to if we aren’t vigilant.
 
C

Cosmo Clock 21

Banned
You've mentioned the vexatious litigant label multiple times over the past few months; what exactly would occur if Langdell were to be branded as one?
 
phisheep

phisheep

NeoGAF's Chief Barrister
Cosmo Clock 21 said:
You've mentioned the vexatious litigant label multiple times over the past few months; what exactly would occur if Langdell were to be branded as one?
Click to expand...

The way it works roughly (it varies a bit from country to country and in the US from state to state) is that, if he's labelled as a vexatious litigant anywhere then he is restricted in two important ways. First, he cannot bring a lawsuit against anyone without permission of the court. Second, he cannot even file any motion in litigation without permission of the court.

On its own that would have cut the EA case down to about a year rather than three.

It's not like this is automatic by any means, the courts are not omniscient. His opponent would need to present evidence that he has been declared vexatious (certified copies of a judgment would do).

It's a vicious penalty and one that is not lightly taken by the courts, but there is precedent for someone filing more than twelve meritless motions in a single case (which Langdell comfortably exceeds here) being branded vexatious, particularly when the motions are intended to delay the result (which Langdell has, at least once, even explicitly said!).

If Langdell were branded as a vexatious litigant and he sued me I would do two things straight away - I would challenge his filing and I would seek security for costs (that is, I would get him to pay up front for my lawyers fees). Now it works a bit differently in different places, but that's the sort of thing I would do.

As you can imagine, that would more-or-less stop him dead in his tracks.
 
phisheep

phisheep

NeoGAF's Chief Barrister
Yesterday EA and Future rather unsurprisingly opposed Edge Games latest four motions (here, here, here and here).

It's nothing spectacularly interesting, but I'll post later today (after I'm done selling a house) analysis of Langdell's motions and the opposition to them - and that should bring us up to date.
 
G

Gattsu25

Banned
phisheep said:
On 1 Apr 2013 – well before his existing marks got cancelled - Langdell applied for two new trademarks. I missed that in all the excitement somehow.

USA 85891791 EDGE PC for computer hardware. New application 1 Apr 2013
USA 85891810 EDGE GAMING PC for computer hardware. New application 1 Apr 2013

Both of these applications specifically reference that the PCs are made and sold by Edge Games’ licensee Velocity Micro.

Trouble is that since the cancellation of the trademarks on 17 April, Velocity Micro is (in all probability) not a licensee of Langdell. So he can’t claim Velocity Micro’s work as his own or as being done under license, so he also can’t claim any rights to a trademark.

This one should die flat. There’s no grounds for it. However, Langdell is skilled at dragging out court cases and might well yet bully Velocity into submission as he did last time around.

That’s why I’m hoping for a ‘vexatious litigant’ ruling from TTAB, which would rather stifle Langdell’s attempts to foist litigation on people, or at least to threaten it.

Looks to me like Langdell has realised, somewhat belatedly, that he has a problem with his current licensees, and has decided rather against the odds to choose Velocity as the one ripe for the picking.

Well, there’s plenty of time to sort that out. Velocity can afford to wait about three months before having to oppose Langdell’s application, by which time he may well be somewhat stifled in his approach to the courts. We’ll have to wait and see a bit.

But it’s an example of the sort of thing Langdell might get up to if we aren’t vigilant.
Click to expand...

I really don't like the ethics of this man. I really find his tactics distasteful.

He should stop trying to hold one word hostage.
 
phisheep

phisheep

NeoGAF's Chief Barrister
Oh dear, things are moving unaccustomedly fast here!

Yesterday, 1st May, the board rejected Langdell's outstanding motions, and immediately terminated the proceedings.

There is now no case live before the Board.

This makes the "what happens next" question suddenly a lot more interesting than it used to be, and also means I am running a bit behind with updates.

Back soon with some more substance.
 
phisheep

phisheep

NeoGAF's Chief Barrister
As I noted above, Langdell filed a small barrage of attempts to have the Board’s ruling to cancel the trademarks overturned. Here they all are.

It’s worth spending some time dissecting them, as this may be the last chance we have for some while to inspect Langdell’s state of mind and what options he has for taking this further. Luckily we don’t have to look at all four, since they essentially all the same. The first was a letter to the Commissioner of Trademarks contesting the cancellation, and exhibiting the second which was also submitted as a motion to the Board. The second pair had only minor modifications (probably as a result of “J”’s post #81 on this Chaosedge
page).

Here we go. All comments based on the first version here.

Letter to the Commissioner

Langdell argues that (a) the trademarks should not have been cancelled as a result of the District Court order because the order is “void on its face” and also that no decision should yet have been made because there are two live issues before the Board. These being:

- the motion to confirm the court order void from mid-March

Which Langdell suggests is timely (despite it being about 3 years late and having been previously rejected by the Board), and also suggests that even if it is rejected he should be allowed time to request reconsideration. But it is a rubbish motion and untimely and out of order, having been previously rejected.

- the request to have the Board’s decision reconsidered from mid-April

Which Langdell claims he has a right to have heard, notwithstanding the fact he has had every opportunity (and then some) to question decisions and they have all come to nothing.

As to the complaints against the Commissioner, there is only one: that the commissioners notice is defective as it stated that the trademarks are “issued to” Edge Games Inc while they were originally issued to Edge Interactive Media Inc (because Edge Games was suspended from trading at the time, as if that made any difference). That’s just Langdell not understanding the legal jargon – there’s a difference between who something was originally “issued to” and who it is now “issued to”. It is rather 19th century but that’s the way it goes. He also makes some mention of the part-ownership of Future Publishing, but that makes no difference, since the owner of record was Edge Games.

That really won’t fly.

Langdell goes on to say that he has filed complaints against EA’a and Future’s lawyers for relying upon a court order that they knew to be void. And he attaches copies of the complaints. (Not signed copies in the original version, signed copies in the updated version, but we have only his word for it that he actually filed complaints rather than just saying that he did).

That may have been a big tactical mistake on his part.

Langdell may claim that the court order is void, but is a big leap to claim that the opposing lawyers knew that to be so. A lawyer’s first duty is to the court and after that to their client, and as this is a matter in dispute between the parties and that there has been no ruling on a lawyer is pretty well bound to follow their client’s lead so long as it is legal. EA and Future lawyers have done nothing wrong in this respect.

The trouble for Langdell is, firstly, that under California statute complaints against lawyers are meant to be kept confidential until and unless any charge is made. Langdell’s blown that already.

Second, the investigation of such complaints includes consideration of the evidence and cross examination of witnesses. That’s likely to be a stiff challenge for Langdell – he’s not good at being cross examined.

Third, these accusations fall rather comfortably within the definitions of “false“ and “malicious” in sect 6043.5 of the California State Bar Act. It is a misdemeanour to make such accusations, and the State Bar has power to refer the matter direct to a District Attorney.

Tim can’t wiggle out of that one by withdrawing the complaints either, as once a complaint is made the investigation can proceed regardless of any subsequent withdrawal. So it looks like Langdell has set himself on a collision course with a DA, unless of course he lied about having made the complaints, which I wouldn’t put past him.

That’s enough for this post. Next up, we’ll have a look at the actual motion.
 
phisheep

phisheep

NeoGAF's Chief Barrister
I suppose this is just as good a place as any to ease myself back into GAF. I kind of missed you all really.

Sorry for the delay folks, but I've been unwell the last few months. Been a helluva a year, sprinkled with death (not mine), financial disaster (not mine either), kids at last leaving home (mine, and both emotionally wrenching and satisfying at the same time), and us moving as a consequence (downsize, nice flat, that's next month), also knackered back (which I can cope with) and knackered hands (which I can't - It messes up the banjo-playing for one, not that you'd notice if you were listening). Still doesn't have a patch on the sheer joy of seeing Langdell get what appeared to be his comeuppance however long ago it was - it was four years I was pressing F5 on that court case every damn day. Maybe I just needed the break.

There may well be news. Almost certainly there will have been some movement in Europe, chances are a few things have happened in the US as well. Haven't actually looked yet.

But I'm back.

Back on the trail.

Let's see what happens eh? Given myself a coupla hours slot each week to track it all down, so don't necessarliy expect the old blow-by-blow.

But it's good to be back.
 
J

jvm

Gamasutra.
Welcome back, phisheep. I emailed you a while back to see if you were ok, and I got increasingly worried when there was no reply. So happy you're still here. :)
 
phisheep

phisheep

NeoGAF's Chief Barrister
Well, being as we now have Microsoft Edge it looks like something must have happened, or not happened which might be just as significant. Also a couple of people have PM'd me with relevant court cases in the meantime.

Obviously it'll take a bit of time to rummage through the facts - and I am as keen as the rest of you to bring this to a close. But hold your horses a bit, eh? I'm in a seasonal business and I'll be dropping down to winter hours from 2nd November (which means I will get Sundays off) and I will try to gather everything together and bring things to a close or otherwise over November/December depending what I can find.

Be patient and I will do my best with the time I have, but I'm no longer able to press F5 every day as in the more interesting times!
 
B

BobTheFork

Member
Premonitions. I started looking up Langdell yesterday to see if anything new had happened. Doesn't seem like any sites have picked up on anything from 2015 so we'll wait to hear what you have Phi!
 
M

Magna_Mixalis

Member
Goddamn it, I thought there was new news about little Timmy...

I guess it's finally time to stop eulogizing Langdell and finally bury him once and for all.
 
phisheep

phisheep

NeoGAF's Chief Barrister
Haven't looked at it for ages. But I think we can reasonably assume from the existence of Microsoft EDGE that he no longer has any reasonable claim on the EDGE trademark - not that he had any in the first place.

It's one of those things that I'd like to get tidied up when and if I get time.
 
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