Ive been weeding my garden over the past two weeks. One of the interesting and frustrating things about weeding is just when you think you have got rid of them all, a whole lot more crop up.
Where was I? Oh yes, Tim Langdell.
Several things have happened recently. This is one of those hurrah!, boo! posts.
1) EDGEBobby2 (boo! probably)
Nikashi said:
So um... Tim Langdell just released Bobby Bearing 2 on iTunes store.. only...
HE CALLED IT "EDGEBobby 2"
Really? Can he even legally do this? Use the name Edge again in a game on a store where there's another name simply called "Edge"?
Yes, unfortunately, he can. Hes probably in breach of Mobigames new international trademark EDGE for videogames, but remember he still holds the trademarks in the US and UK, because they havent been cancelled yet.
I cant see that he would do this to provoke yet another row with Mobigames, or even to make money. Probably what he trying to do is establish evidence of current use of his trademarks, something he hasnt had for a long time.
Now I dont have an iPhone, and besides Im not particularly inclined to give money to Langdell, but Im curious to know from anyone out there exactly what trademark designations EDGEBearing2 contains, it will help us work out what the guy is up to.
2) www.timlangdell.com is no more (hurrah! possibly)
Thats right. Since we last spoke, Tims personal biographical website the one full of those lies we have come to love has more-or-less vanished down to a single page that just says Maintenance.
Farewell, old friend.
There may be a downside to this, as it reduces the stock of evidence available to a court to determine that Langdell is a lying douche.
3) UK trademark 1562099A Edge expired (hurrah), then got renewed anyhow (boo!)
This trademark, covering the word Edge for printed material, expired on 14 Feb 2011 and I thought it was dead. Then it got renewed on 15 June 2011 and I cant see any reason why.
Yuk.
4) Further submission on US application 85147499 EDGE GAMES (What just what?? Oh, it's a hurrah!)
Youll remember maybe that Langdell had never trademarked EDGE GAMES for videogames, and that he applied for this mark on 7th October 2010 right in the middle of both the EA case in California and the Future case in London.
The USPTO rejected the application for similarity with other marks and gave Langdell until 20 July to respond.
He responded earlier this month, and it is quite an extraordinary response, including the statement:
Langdell said:
we own the trademark registrations 2219837 (for "EDGE"), 3559342 (for "THE EDGE"), 3105816 (also for "EDGE"), and 3381826 (for "GAMER'S EDGE"). All of our registrations are in relation to computer and video games and related goods and services and all our registrations substantially pre-date either of the applications cited against our current application for EDGE GAMES. All of our registrations are still currently live and valid.
Thats currently live and valid, as in voluntarily surrendered and cancelled by the Federal Court huh?
Yes, he really did try this on.
This time, the USPTO was paying attention though, and blithely dismissed him yesterday with the line
USPTO said:
applicants arguments against the potentially conflicting applications have been considered and found unpersuasive
Yay!
Application suspended. Good.
Now, the main reason the application is suspended rather than outright rejected at this stage is that there is a prior application for the mark EDGE which has to be processed first. That's application number 79067304, and it was made by the good guys in this, Mobigame.
If being behind Mobigame in the queue doesn't make Langdell lose it totally, I don't know what will. I'm expecting some fireworks.
5) New website for Bobby Bearing (!)
www.bobbybearing.com is the website for the itunes game.
It contains the following lines at the bottom.
EDGE, THE EDGE, EDGE GAMES, BOBBY BEARING & BOBBY BEARING 2 are trademarks of EDGE/THE EDGE. All rights reserved. (c) 2011 EDGE/THE EDGE
Original "Bobby Bearing" created by Trevor and Robert Figgins, (c) 1986, 2003 EDGE/THE EDGE
There are several curious things about this.
First, he's claiming trademarks as we'd expect (chances are they are invalid for non-use, but this may be an attempt to ressurect them).
Second, he is claiming them as trademarks of "EDGE/THE EDGE" and not of Edge Games Inc and/or Edge Interactive Media. Not quite sure what is going on here, it is possible he has set up another corporate entity somewhere with trading names of "EDGE/THE EDGE" just in case his current companies come a cropper. I will try to find out.
Third, and most unusually, he credits the original developers in the copyright notice.
Looks to me like he is trying to set up a copyright (as opposed to trademark) claim against Mobigame. That'll be interesting. Every time so far that Langdell has summoned his previous 'associates' in aid he has fallen flat on his face (Future Publishing in the EA case, Velocity Micro in the Future Publishing case) and I'd expect it to be no different this time round.
Whoever holds the copyright to Marble Madness is going to be key to the outcome of this one.
I'll get round to updating the OP later.