“It’s important to establish the rights of developers” says Mirror's Edge publisher
Electronic Arts has sparked a new legal battle against trademark owner Tim Langdell, revealing in a fraught 28-page document that it wants to put an end to five ‘Edge’ trademark restrictions.
Langdell, CEO at Edge Games Inc, has made many enemies in the videogame sector with his legal possession of the word ‘Edge’.
He recently made a pugnacious legal assault on indie iPhone developer Mobigame, the result of which was the forced removal of an App Store game known as Edge.
Unlike Mobigame, EA is a fully-resourced global publishing giant, yet it too has been in a legal wrangle with Langdell for more than a year, over the use of the notorious word in Mirror’s Edge.
The publisher now has petitioned the US Patent & Trademark Office (USPTO) to end five Edge-associated trademark immunities.
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"Since 2008, Registrant [Edge Games] has continuously threatened to file suit against EA for distributing the Mirror's Edge game on the basis of his purported 'family of registered EDGE marks,'" read EA’s statement.
“Petitioners reasonably believe that Registrant will contest their right to use the Mirror's Edge mark."
Langdell himself has rubbished EA’s new legal pursuit.
"[It is] a desperate attempt by EA to see if they can win the right to use Mirror's Edge by forcibly removing Edge's legitimate rights to Edge," Langdell said in a statement to Kotaku.
Langdell was keen to remind that EA had already failed to establish its ownership of the word Edge. Last year the USPTO judged that EA's registration of the trademark ‘Mirror's Edge’ had been given in error, claimed Langdell, with the publisher having to abandon the trademark.
EA will fight on, however. Its argument is that Langdell’s Edge Games is not functioning its trademark due to a lack of content being produced under the name. As such, EA hopes, the trademark is dormant.
“We feel it is important to establish the rights of developers in this situation,” an EA spokesperson added.
"While this seems like a small issue for EA, we think that filing the complaint is the right thing to do for the developer community."
"We hope that as a result of this action, other developers will be less intimidated by unwarranted legal threats."
Following the Mobigame fiasco, Langdell stepped down as a board member at the IGDA, ahead of growing speculation that he was going to be forced out.
Edge Games is currently developing four titles, according to the company’s website.
"Edge Games is currently developing four titles, according to the company’s website."
The company's website is to be trusted as much as the legitimacy of the trademark (that is to so, not at all). Check http://chaosedge.wordpress.com/ for info on the supposed games that they've created.
What I've never quite understood about this is that I always thought you weren't allowed by the USPTO to trademark actual words unless they were 'distinctive' ("Disney", "cola" and so on); "edge" is such a common word, used in everyday language that I'm surprised the TM was even given in the first place.
My studies in copyright law are always fleeting me, however:
Regarding the TM of a common word, I think being 'distinctive' has little or no legal implications.
It makes for a memorable brand and product, of course, which is why distinctive names are commonly trademarked (all products want to be unique), but using distinctive words isn't a very big factor.
Certainly not as big a factor as using words that other companies have claimed ownership of for goods-branding purposes.
Hmmm, I need to trademark "War", "Online", and a couple other words and start suing everyone and I'll be able to retire early! :(
It's incredibly stupid that someone can TM common words like this.
It's incredibly stupid that someone can TM common words??
It's incredibly stupid that someone can TM words, period.
I can understand getting a TM for words that are company or product names, but not for general words like "edge". That the USPTO would not automatically reject an application for it just boggles the mind.
Incredible turn of events...What 'if' Edge from U2 band decided to team up with a gaming studio to develop a new iphone game. The title of the game would obviously somehow involve the word Edge to reflect his involvement in the title. Would Langdell be able to claim the TM on the word Edge then? I know it's just a nickname but Edge been around a lot longer than Langdell's game company.
