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[phisheep]

Aha! Yesterday the Trademark Trial and Appeal Board made a decision.

In view thereof, the petition to cancel is dismissed without prejudice in accordance with Trademark Rule 2.134(a), and the registrations will be cancelled with prejudice in due course pursuant to Section 7(e) of the Trademark Act.

Right decision. Possibly for the wrong reasons (there is absolutely no reference to the federal court order!).

But note that phrase “in due course”, and the fact that the status of the action is set as

Awaiting Expiration of Appeal Period

So the damn trademarks still aren’t cancelled – yet.

Meanwhile, something seems to be happening at the UK end. I will try to find out what it is.

 

[somnific]

thanks for the update phisheep!

 

[Nikashi]

New year, new thread bump! Any updates? (I am enjoying the most delicious schaudenfreude about it)

 

[phisheep]

Not yet.

I expect that the appeal period for the cancellation case will be about 30 days (it isn't mentioned in the latest order), which would take us up to 14th January-ish. So probably a week or two before seeing anything happen at the USPTO.

At that point I'll reopen all the other angles as well. Just can't be bothered to do day-by-day tracking when the USPTO isn't doing anything and there's all this lovely cricket on.

 

[Slightly Live]

Not yet.

I expect that the appeal period for the cancellation case will be about 30 days (it isn't mentioned in the latest order), which would take us up to 14th January-ish. So probably a week or two before seeing anything happen at the USPTO.

At that point I'll reopen all the other angles as well. Just can't be bothered to do day-by-day tracking when the USPTO isn't doing anything and there's all this lovely cricket on.

Have you found out much about his dodgy UK shifty work?

 

[phisheep]

Have you found out much about his dodgy UK shifty work?

There's a bit of low-key stuff going on, but not enough to bother posting about yet, I expect the conclusion of the US case will kick a few other things off - so it will all get overtaken fairly shortly.

 

[border]

Thanks for all the hard work and research. It's a shame that Langdell isn't going to receive worse punishment than the loss of a few trademarks. If there are no criminal charges to be filed, he should at least be forced to give back the money he made off so many bogus licensing deals. And donate a huge chunk of cash to the US educational system, who are now forced to re-educate children who believe that "caliber" is spelled "calibur".

 

[Slightly Live]

And donate a huge chunk of cash to the US educational system, who are now forced to re-educate children who believe that "caliber" is spelled "calibur".

It would be better spent educating those children (and adults) to spell "calibre" properly. =)

And cheers phisheep.

 

[phisheep]

Thanks for all the hard work and research. It's a shame that Langdell isn't going to receive worse punishment than the loss of a few trademarks. If there are no criminal charges to be filed, he should at least be forced to give back the money he made off so many bogus licensing deals. And donate a huge chunk of cash to the US educational system, who are now forced to re-educate children who believe that "caliber" is spelled "calibur".

I don't think this will be the end of it. After all, there wouldn't really be much point to this thread if that was going to be all.

There's clear evidence of four or five criminal offences and regulatory breaches in the UK at least. Probably some in the US as well. And given how fast Langdell caved in when faced with depositions I suspect they will stick.

As a backstop, I'm making a little list of who to inform about what.

If you're reading this, Tim, it might be a good idea to give them all up now. Yep, all of them. It will save me some trouble and save you a lot more.

 

[Scalemail Ted]

I don't think this will be the end of it. After all, there wouldn't really be much point to this thread if that was going to be all.

There's clear evidence of four or five criminal offences and regulatory breaches in the UK at least. Probably some in the US as well. And given how fast Langdell caved in when faced with depositions I suspect they will stick.

As a backstop, I'm making a little list of who to inform about what.

If you're reading this, Tim, it might be a good idea to give them all up now. Yep, all of them. It will save me some trouble and save you a lot more.

So much awesomeness!

 

[Nikashi]

If you're reading this, Tim, it might be a good idea to give them all up now. Yep, all of them. It will save me some trouble and save you a lot more.

Something awesomely ominous about this. I really really want to see Tim fall hard after seeing all the trouble he's caused people. There's just so much disgusting litigation on his part it's nearly euphoric to see him get what's coming to him.

I don't like bad people. Tim Langdell is a bad person.

 

[Dr Frasier Crane]

Any new updates on this scumbag?

 

[Icarus]

Phisheep... I add my thanks to you for all of the "translation work". It's been very enlightening.

 

[phisheep]

Any new updates on this scumbag?

No, not yet. I check every day or two just in case. So when and if somethimg happens I should be fairly fast with an update.

 

[phisheep]

The man’s still wriggling.

26th January 2011 Langdell wrote to the USPTO claiming, get this, that the Board and the Federal Court did not have jurisdiction to cancel the trademark “EDGE”.

Wow. Just wow.

He claims this on the grounds that the mark was part-owned by Future Publishing following partial assignment in 2004, and that Future Publishing was not given the opportunity to defend the proceedings.

Totally ignoring the following facts:
- Langdell purported to assign the full interest in EDGE from Edge Interactive Media to Edge Games in 2008, leaving Edge Games as the only owner of record
- It was Langdell, not EA, that brought the court case

Yesterday, 1st February, the USPTO effectively told him to get stuffed.

That fat lady has not sung yet.

 

[Slightly Live]

The man’s still wriggling.

26th January 2011 Langdell wrote to the USPTO claiming, get this, that the Board and the Federal Court did not have jurisdiction to cancel the trademark “EDGE”.

Wow. Just wow.

He claims this on the grounds that the mark was part-owned by Future Publishing following partial assignment in 2004, and that Future Publishing was not given the opportunity to defend the proceedings.

Totally ignoring the following facts:
- Langdell purported to assign the full interest in EDGE from Edge Interactive Media to Edge Games in 2008, leaving Edge Games as the only owner of record
- It was Langdell, not EA, that brought the court case

Yesterday, 1st February, the USPTO effectively told him to get stuffed.

That fat lady has not sung yet.

Wow, just when you think Langdell cannot possibly be any more of a cunt, he goes and does something cuntish just for the sake of it. SMH

 

[IrishNinja]

i'm partly glad the fat lady has not yet sung. he's amping up to out-style Jack Thompson's exit, and i respect both moxie and showmanship.

 

[ShinNL]

Yesterday, 1st February, the USPTO effectively told him to get stuffed.

Awesome (I was worried they would just go along with the nonsense)

 

[Nikashi]

Hey it's been a while since any updates, any more good news about Langdell getting dragged over the coals?

 

[phisheep]

Ah, things are getting a bit more serious now. Last time we spoke, the Board had thrown out Langdell’s attempt by letter to avoid having the trademark EDGE cancelled because it was part owned by Future publishing. And quite right too, since it wasn’t a proper motion.

Things have moved on.

On 18th February Langdell filed a proper motion to withdraw his surrender of the EDGE trademark – on the same grounds – that it wasn’t entirely his to withdraw, and a bit oddly claiming that this should result not only in the trademark not being cancelled, but the cancellation proceedings should not be reinstated. Trying to have his cake and eat it too.

There’s a little email exchange in the middle of the filing where Langdell tried to persuade EA to consent to this motion. They didn’t. Presumably Langdell included this to try and show EA up as un-co-operative or something.

On 25th February EA opposed this motion (no surprise there), pointing out that all the way through the proceedings Langdell has represented himself to be the sole owner of the EDGE mark, so it is all his fault. However, they do add that they wouldn’t object to the trademark being reinstated so long as it is solely in Future Publishing’s name. Good move.

On 6th March, Langdell objected to this, basically claiming that it was all EA’s fault that Future Publishing weren’t involved in the proceedings, and including this little gem:

Registrant did not to its knowledge represent during these proceedings that
it is the sole owner of this trademark registration

Which is weasel words. It might just possibly be true in “these proceedings” – namely the cancellation proceeding before the Appeal Board, but it certainly wasn’t in the Federal court, and it certainly wasn’t in previous submissions to the USPTO.

So far, so predictable. But while all this was going on, on 4th March Future Publishing intervened in the case. Hey, it’s the cavalry! Here's their intervention.

In effect, they are objecting both to Langdell's surrender of what is partly their trademark and to EA's attempt to get it cancelled. But, and this is the nice bit, they make it clear that they have no objection to having just Langdell's part of it cancelled - an option which for some unaccountable reason (!) Langdell appears to have not considered. And they have offered to co-operate with the Board and with the parties so that can happen.

It will be interesting to see how that pans out.

 

[Alexios]

So what's Future's relationship with this guy? Is there a chance they'll take the trademark and still allow Langdell to carry on his bullshit supposedly on their behalf or are things going to be fine if the trademark is just theirs?

 

[phisheep]

So what's Future's relationship with this guy? Is there a chance they'll take the trademark and still allow Langdell to carry on his bullshit supposedly on their behalf or are things going to be fine if the trademark is just theirs?

Essentially, Future got caught up in Langdell's scams. There was a period many years ago when Edge Magazine carried an 'under licence' notice, presumably because of some threats/deal with Langdell.

Then they came to an agreement in 2004 I think to buy out a share of the trademark for 'good and valuable consideration'.

Future is a victim in this, and it's not at all likely that they'd let Langdell get away with anything he shouldn't (i.e. with anything at all).

So, no cause for concern. What Future is doing here is just protecting their interests, and trying to facilitate the right outcome. There's no evil in that.

 

[Slavik81]

So what's Future's relationship with this guy? Is there a chance they'll take the trademark and still allow Langdell to carry on his bullshit supposedly on their behalf or are things going to be fine if the trademark is just theirs?

Future's the guys who publish Edge magazine. They were pushed into giving Langdell some sort of compensation to avoid a suit. Maybe just recognition, maybe something more, I don't recall.

I doubt they're very fond of him.

 

[Azure Dream]

Thanks for the update. I know the process is a slow one, but it still amazes me how long he's dragged this out, in spite of common sense, clear examples of how he's falsified evidence, and clumsy, mishandled legal maneuvers.

 

[ShinNL]

Thanks for the update phisheep. This Edge guy must've made a lot of money to pay for all these lawyer fees. It still makes me sick that there are these kind of leeches in the gaming world.

 

[Dash Kappei]

Thanks for the update phisheep. This Edge guy must've made a lot of money to pay for all these lawyer fees. It still makes me sick that there are these kind of leeches in the gaming world.

I don't know about a ton, but I'm curious what would be you guys guess. Is he living off that alone? And doing pretty good? God I hope not.

 

[FleckSplat]

"Decline and Fall"?

 

[phisheep]

"Decline and Fall"?

Well yes, eventually. But I couldn't resist the quote, as I 've just got myself to the end of the first volume of Gibbon after all these years.

 

[phisheep]

This might get interesting.

You'd expect, wouldn't you, that since Langdell has been bandying Future Publishing's name around in an attempt to keep the EDGE mark he'd be glad of their intervention.

Not a bit of it. In fact he is pushing very hard in this latest motion to be allowed to retain the registration, and let the parties sort out between them what happens to it. Not that I can see there will be any acceptable outcome from such negotiation.

There's a different, and more nuclear, option available to EA though.

Since Langdell is either unwilling or unable (and probably both) to comply with the agreed settlement, EA could drag him back to the Federal Court, resurrect the fraud allegations and get the depositions made.

That should kill him off good and proper.

I wonder if they will do that? Watch this space.

 

[Zeouterlimits]

Always fun to read updates on Langdell's doings.

 

[SpacePirate Ridley]

Alweays great to hear your updates phisheep!

 

[phisheep]

Alweays great to hear your updates phisheep!

Nice to know this is not all in vain!

Incidentally, Langdell's UK Trademark for EDGE (1562099A) expired on 14th February so he doesn't have it any more. That's the one in class 16 (basically things made of paper, including packaging, magazines and so on).

He's applied for EDGE in classes 9 and 41 (game software and entertainment services) but that is being opposed.

 

[oracrest]

Nice to know this is not all in vain!

Incidentally, Langdell's UK Trademark for EDGE (1562099A) expired on 14th February so he doesn't have it any more. That's the one in class 16 (basically things made of paper, including packaging, magazines and so on).

He's applied for EDGE in classes 9 and 41 (game software and entertainment services) but that is being opposed.

So does that mean Edge magazine doesn't have to pay him anymore?

 

[phisheep]

So does that mean Edge magazine doesn't have to pay him anymore?

Well, for starters I don't know if Future Publishing (who own Edge Magazine) have been paying Langdell anything recently. And if they have, it will depend on the terms of whatever agreement they came to - which obviously isn't public.

And there might be a bit of scope for doubt, as although they can't be infringing EDGE in class 16, they might be taken to be infringing in the other classes insofar as EDGE magazine might come under the banner of entertainment related to videogames as well as under magazines.

So it isn't all that simple.

Nothing here is!

 

[Nikashi]

Sorry to bump this thread again, but I haven't heard anything regarding this in a few months now.. update?


Also, here is the current 'Games' section of the Edge website:

http://www.edgegames.com/games.htm

 

[Kabuki Quantum Lover]

Sorry to bump this thread again, but I haven't heard anything regarding this in a few months now.. update?


Also, here is the current 'Games' section of the Edge website:

http://www.edgegames.com/games.htm

...

I want to bop you one on the nose.

 

[hteng]

Sorry to bump this thread again, but I haven't heard anything regarding this in a few months now.. update?


Also, here is the current 'Games' section of the Edge website:

http://www.edgegames.com/games.htm

all i can see is a broken image icon, anyway, fuck this piece of shit, sue the hell out of him

 

[Dr Frasier Crane]

Sorry to bump this thread again, but I haven't heard anything regarding this in a few months now.. update?


Also, here is the current 'Games' section of the Edge website:

http://www.edgegames.com/games.htm

Go here:

http://www.edgegames.co.uk/games.htm

 

[Dead Man]

Just catching up on the thread, I don't think I've read it since the first post. Amazingly epic work phisheep, your efforts are most definitely appreciated.

 

[Nikashi]

all i can see is a broken image icon, anyway, fuck this piece of shit, sue the hell out of him

Yeah, that's the link from the main page when you click 'games' now haha.

 

[phisheep]

There's no recent news I'm afraid.

I do check progress on the US side every day or so just in case (yes, I know that's kind of sad but somebody has to do it!), and basically nothing much is going to happen anywhere else until the US stuff gets sorted one way or the other.

The USPTO are in a difficult position right now, and I guess they are trying to find a way of steering between Scylla and Charibdys - problem is that the court order was not addressed to Langdell to surrender the trademarks, but was addressed to the USPTO to cancel them. So if anyone ends up in breach of a court order it's not Langdell it is the USPTO. That is pretty rotten drafting by somebody, but I say that in hindsight - we weren't to know then that it would come to this sort of impasse.

I'll update as soon as I see anything happening. But I won't be bothering to check up on the UK/EU/whatever else position until there's some indication of movement on the US side. Life's just too short to do that as well. Besides, they are all entangled.

So far as the five US trademarks are concerned the status is still "cancellation pending".

 

[ShinNL]

There's no recent news I'm afraid.

I do check progress on the US side every day or so just in case (yes, I know that's kind of sad but somebody has to do it!), and basically nothing much is going to happen anywhere else until the US stuff gets sorted one way or the other.

The USPTO are in a difficult position right now, and I guess they are trying to find a way of steering between Scylla and Charibdys - problem is that the court order was not addressed to Langdell to surrender the trademarks, but was addressed to the USPTO to cancel them. So if anyone ends up in breach of a court order it's not Langdell it is the USPTO. That is pretty rotten drafting by somebody, but I say that in hindsight - we weren't to know then that it would come to this sort of impasse.

I'll update as soon as I see anything happening. But I won't be bothering to check up on the UK/EU/whatever else position until there's some indication of movement on the US side. Life's just too short to do that as well. Besides, they are all entangled.

So far as the five US trademarks are concerned the status is still "cancellation pending".

1. It's not sad, we admire you for translating this unreadable stuff to us!

2. USPTO doesn't sound very competent.

3. I wanted Langdell to fall harder but it doesn't seem like the court system and the law really helps with this. Langdell is by definition, a criminal, right?

 

[phisheep]

1. It's not sad, we admire you for translating this unreadable stuff to us!

Thank you

2. USPTO doesn't sound very competent.

I don't think they are particularly incompetent in the main. Most civil law agencies work at a fairly sedate/sluggish pace, with the aim of (a) giving parties plenty of time to settle and (b) following all the stultifyingly tedious procedures that have to be gone through. Nothing unusual, or particularly bad, in that - well unless (like me) you think the whole of the civil law system needs a bit of a shake-up.

Most of the work they do really is mind-numbing grind, and there's a lot of it. It's not really surprising that the odd thing, especially from a fraudster, slips through the net.

There's one thing I think they could do a lot better, which is checking the credentials of trademark applications rather than taking whatever the applicant says at face value. I imagine this case will go some way to improving that.

But the current situation is a bit of a nightmare for them, as being subject themselves to a court order to cancel trademarks isn't something they are used to, or that fits neatly within their procedural rules. And because it doesn't fit within the rules, whatever they do is open to legal challenge. So I imagine there is some behind-the-scenes stuff going on at the moment to work out an approach.

3. I wanted Langdell to fall harder but it doesn't seem like the court system and the law really helps with this. Langdell is by definition, a criminal, right?

As I think I said in one of the threads, I expect criminal charges to be brought against Langdell either in the US or in the UK. US is easier because that's where he is, apparently.

Trouble is, what usually happens is if criminal charges are brought any related civil proceedings get suspended until the criminal trial is over - and that's the last thing that anyone wants here, the civil stuff (trademark registrations) needs to be got out of the way first.

Then it is open house.

That's partly why I'm checking so often. I guess that once something definitive happens than a whole lot of other balls will be set rolling, and then we'll have some fun again.

 

[phisheep]

Oh, while I'm here - any of you guys know who would be the appropriate branch of US law enforcement to advise of Langdell's (alleged) criminal activities? I really have no idea who is who when it comes to the US system.

We'd be talking fraud/deception and possibly blackmail for starters, though I imagine there's a few other counts could be rustled up depending on the jurisdiction.

 

[BoobPhysics101]

Oh, while I'm here - any of you guys know who would be the appropriate branch of US law enforcement to advise of Langdell's (alleged) criminal activities? I really have no idea who is who when it comes to the US system.

We'd be talking fraud/deception and possibly blackmail for starters, though I imagine there's a few other counts could be rustled up depending on the jurisdiction.

FBI or Department of Justice would be your best bet.

 

[phisheep]

Here's one that slipped under my radar (because it happened in Spain with a French trademark).

As reported by pocketgamer on 24th May Mobigame now has an international trademark for "EDGE" in respect of videogames.

That pretty well stifles any attempt by Langdell to take action on his about-to-be-cancelled US mark, and the UK one had expired already.

The detail behind this has thrown up two German trademarks that I wasn't aware of, so I'll have a rummage there, but after that I should have a pretty complete reference to Langdell's marks.

There's still all the US activity to get tied up though.

 

[Ashes]

impressive as usual phisheep.

 

[Captain Chaos]

Keep up the good work phisheep, always enjoy your updates!

 

[Deleted member 30609]

Just tagging this thread. Great work.

 

[oracrest]

As reported by pocketgamer on 24th May Mobigame now has an international trademark for "EDGE" in respect of videogames.

Oh. How far we've come. Thanks, Phisheep.