Trademark disputes rumble on, as Edge Games sees re-named iPhone title removed from App Store
Tim Langdell’s Edge Games told Apple to remove the iPhone title ‘Edge by Mobigame’ from the App Store, the company has confirmed.
The move marks the second time Langdell has controversially succeeded in removing Mobigame’s award-winning puzzle game from Apple’s store, a plan accomplished with the pugnacious use of trademark protection on the word ‘Edge’.
A statement issued to Develop by Edge Games – thought to be written by Langdell himself, despite claims to the contrary – confirmed that the company took issue with the new name for Mobigame’s iPhone title, which was once called ‘Edge’ but then sold as ‘Edge by Mobigame’.
“Adding ‘by Mobigame’ was determined not to get around infringement,” said Langdell’s ‘rep’.
“Clearly, if Sony tried to use the mark ‘iPod by Sony’ they would hardly expect Apple not to take action to protect their mark ‘iPod’. In trademark law adding ‘by (name)’ to another company's registered trademark does not mean a company can use that trademark without being guilty of willful infringement.”
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Mobigame, a Paris-based two-man indie outfit, now has its iPhone plans thrown into disarray, with an ever-decreasing chance that its debut game can be sold under the ‘Edge’ name.
Whether the developer will be asked to pay Edge Games for using the name Edge is unknown; Langdell’s rep alleged that Mobigame lied that money was demanded for using it.
“The fact is that [Mobigame co-founder] Papazian has had an offer on the table since May to settle this dispute by his changing the name of his game and paying Edge Games no money at all. He has repeatedly refused that very reasonable offer,” the statement alleged.
EA ‘guaranteed to fail’
Edge Games’ hostility to games marked with ‘that’ crucial word shows no sign of stopping, with the firm promising that further action is being taken against both Mobigame and EA.
“Last week the window opened for the first time for us to file a formal opposition to [Mobigame’s] attempt to register the mark Edge as a Community Trade Mark (CTM),” continued the statement. “The moment that window to oppose opened we filed our opposition to his attempt to register Edge as a CTM.
“We will win that opposition because in order to win it we only need to show a prior registration in a member CTM country.”
Edge Games once again claimed that Langdell’s firm still owns the rights to the word ‘Edge’.
Electronic Arts - which crossed paths with Edge Games following the release of DICE’s first-person adventure game Mirror’s Edge – is currently seeking to dismantle Langdell’s trademark protection, claiming that the that the trademark is dormant.
The legitimacy of Langdell’s operation is a matter of dispute. The company has vehemently argued that Edge Games has – contrary to popular belief – released new games since 1994.
His opponents differ on the issue. Anti-Langdell blog ChaosEdge argues that the firm “has never published or developed a game on the PlayStation 3, PlayStation 2, PlayStation, PSP, Xbox 360, Xbox, Wii, Gamecube, N64, Super Nintendo, DS, Gameboy Advance, Gameboy Color, Gameboy, Megadrive (Genesis) or iPhone.”
However Langdell is selling new material through his own website, where users can purchase one of two PC games burnt onto blank DVDs and sent out through a mail box in California. Under these conditions, neither Nintendo or Sony accept Edge Games as a developer or publisher with a registered office.
Edge Games, however, is self-assured that EA’s masterplan is “guaranteed to fail since EA has failed to meet the basic requirements to get a mark canceled in either territory.”
Langdell’s rep claimed that Edge Games has filed a motion to dismiss EA’s action, going on to make the haughty claim that the motion is “expected to succeed.”
“Despite rumors to the contrary, Edge Games has either won every dispute in the past 20 years over the mark Edge or has settled amicably with the other party ending the dispute with an agreement in Edge Games' favor,” read the statement.
“That acknowledges and reaffirms Edge's ownership of the mark Edge.”
Langdell ‘not involved’
Edge Games goes on to make bizarre suggestions that Tim Langdell himself is barely accountable for the firm’s numerous trademark disputes.
Langdell – the man whose enemies have given him the pejorative title of ‘trademark troll’ – recently quit the IGDA following rumors he would be removed. He has faced widespread allegations of immorally holding onto a dormant trademark but according to the statement has “at no time ever taken action as an individual in this matter”.
The statement claims that the man who effectively founded Edge Games back in 1980 – and has for three decades served as chief executive – has little executive sway in the matter.
He “serves as CEO of this corporation at the pleasure of the Edge Board”, read the statement. “His actions are merely those the Board directs him to take.”
Langdell, however, has never indicated that he disapproves of the anonymous board’s decisions.
[Langdell was not confirmed as the author of the statement, with the anonymous sender requesting to be cited as a representative for the company. The cited legal matters continue.]
The only conclusion that can be drawn from this latest Langdell outburst is that the man is possibly not the full ticket.
EDGE games have a board now? Come on, as has been proven multiple times they are a one man operation run out of a mail box.
Has he never heard of the Streisand Effect? Or Leo Stoller? Doesn't he realise that if he doesn't end up in jail for perjury his reputation such as it was is forever ruined over this? The internet will never forget or forgive.
Just in case this is news to anyone, put aside an hour or two and catch up on the literally hilarious antics of EDGE games at http://chaosedge.wordpress.com/
If you can only get to see one mental breakdown this year... make sure it's this one.
For all of Langdell's bluster the man should either ship a game actually called Edge or STFU and stop causing trouble for other developers.
I'd suggest mobigame just rename it to "Ledgend of Langdell's Clown Pants"
Mind you, it's no joke about his mental breakdown (if that's really happening;) This "Board" makes me curious as to whether "he" is actually suffering multiple personalities. Mmmmm, I wonder if they live in the attic :-)
The board: Tim, his wife, his mum. Can anyone get the list? The company is presumably registered in California, after Tim abandoned his original UK firm to avoid paying the employees.
Does "coincidental re-activation" mean anything? Looking at (some of) the trademark details, one could be forgiven for thinking the marks were re-activated for the sake of taking advantage of this current situation.
Surely the difference between ipod and edge is that 'edge' is a descriptive word in the dictionary, and not entirely made up? It's always a little more dubious when a claim is made to a single word that by rights, should be free to use by anyone if it's context sensitive. Take Mirror's Edge as a perfect example. This is the first time that I'd like EA to actually use their full weight - to legally crush this snotty little man.
Just imagine if 'The Edge' from U2 got involved in developing games. 'Rock Guitar, by The Edge'. Woah, just imagine the colossal battle of egos that would ensue.
Is this joker f*cking serious?
Do you see that he's started selling MEMORY CARDS because a memory card company is calling itself Edge? What an unbelievably disgusting human being.
The anonymous source, i.e. Tim Langdell, claimed "Edge Games has either won every dispute in the past 20 years over the mark Edge or has settled amicably with the other party ending the dispute with an agreement in Edge Games' favor"
This is a misrepresentation that is easily proven to be wrong.
He lost that case and had to pay costs to Namco.
"The opposition [by Langdell] is dismissed in its entirety."
"I order the opponent [Langdell] to pay to the applicant the sum of £1000"
i.e. Langdell lost and he had to pay money.
