[necroslut]

Graywolf, on 29 December 2011 - 06:25 AM, said:

I don't know if I'm being spoiled here, but am I the only one that feels annoyed with the fact that after paying full-price for a trainwreck with such a lacking campaign, I need to pay even more money to play content that supposed to be in the game in first place?

Why would you want the DLC if you thought the game was "a trainwreck" with "such a lacking campaign"? And saying that it was "supposed to be in the game in the first place" is really stretching it, sure it's based on scrapped ideas but it's not like you're unlocking already avaliable content.

Captain Awesome, on 30 December 2011 - 10:02 AM, said:

Of course, but the overall product was a lot more rinky-dink than described during pre-orders and totally not worth $90.

Can't the same be said for pretty much all collectors' or limited editions?

[Jimmy]

This was only like 60 bucks when it came out, and it was TOTALLY worth it.

[Lunick]

I thought the balls of steel version was around $130 $140 and the normal edition was $99. Unless I'm mistaking for another game.

[Jimmy]

Depends on where ya live, at least here in Virginia (America) I was able to pre-order off of Amazon for $90 and that included shipping which could have been free, I can't remember.

[Lunick]

I'm in Australia aha. But I got a limited edition for $99

[OpenMaw]

Major Tom, on 16 December 2011 - 01:23 PM, said:

Agreed. Proton as the antagonist, levels in Area 51 and Duke Clones as enemies were all plot elements from past builds and/or leaked scripts. The only thing they didn't include was Bombshell (apparently, Dylan was more popular).

This statement is wrong, incidentally. They were just too damn lazy to build Bombshell to begin with. Dylan was a character generated off the base EDF male mesh with a new head basically. It was a quick way to create a new character and not have to do it totally from scratch.

[----]

Commando Nukem, on 31 December 2011 - 09:54 PM, said:

This statement is wrong, incidentally. They were just too damn lazy to build Bombshell to begin with. Dylan was a character generated off the base EDF male mesh with a new head basically. It was a quick way to create a new character and not have to do it totally from scratch.

The rights for Bombshell are still with 3DR, so GBX and Tryptich/Triptych/Triptich/Tryptych/Whatever couldn't have used/rebuild her later. And tbh ... it wouldn't have been too much work to give one of the female meshes a new skin(tight latex outfit).

[Kristian Joensen]

"The rights for Bombshell are still with 3DR"

Indeed, as a matter of fact 3DR applied for a Bombshell trademark on Dec 15, 2011 as their first trademark application since letting the DNF team go.

[Jimmy]

I find that incredibly strange. I would loathe to see 3DR just start making lame-o sex appeal Tomb Raider-esque games. What else could they do with the character other than that? Blech.

[Hank]

Kristian Joensen, on 01 January 2012 - 03:22 PM, said:

"The rights for Bombshell are still with 3DR"

Indeed, as a matter of fact 3DR applied for a Bombshell trademark on Dec 15, 2011 as their first trademark application since letting the DNF team go.

Bombshell as at some Marvel Comics? Wow. This would be legal theft, if they can snatch the actual TM for this.
[attachment=4080:84077-25667-bombshell_large.jpg]
Oh, well, ...

[Kristian Joensen]

Trademarks operate in categories so one company can own a trademark for cars, another can own the same trademark in the category of crackers and so on. The 3DR application is for video games not comics. Also 3DR have had such applications dating back to 1998 or so and part of the trademark application process includes this period of time where parties who believe they actually are the rightful owners of a trademark can come forth and object, Marvel has not done so in the case of any of 3DR's trademark applications for Bombshell.

Edit:

Specifically 3DR has applied for the following categories:

Quote

IC 009. US 021 023 026 036 038. G & S: computer games; computer game software; computer video games; computer video game software; downloadable computer games; computer game software downloadable from a global computer network

IC 041. US 100 101 107. G & S: Entertainment services in the nature of computer games and computer video games provided and played through a global computer network

[Rellik]

Lest we forget the whole Duke Nukum/Duke Nukem saga.
http://en.wikipedia....um#Name_changes

[Hank]

Kristian Joensen, on 01 January 2012 - 05:39 PM, said:

Trademarks operate in categories so one company can own a trademark for cars, another can own the same trademark in the category of crackers and so on. The 3DR application is for video games not comics. Also 3DR have had such applications dating back to 1998 or so and part of the trademark application process includes this period of time where parties who believe they actually are the rightful owners of a trademark can come forth and object, Marvel has not done so in the case of any of 3DR's trademark applications for Bombshell.

Edit:

Specifically 3DR has applied for the following categories:

It's a character. So based on that, I could use Voldemort ( a character in Harry Potter) in a video game?
I'm not sure here, but there seems to be a conflict of copyrights. Someone created Bombshell and someone else craps it as a registered Tradename because it uses a different form of media. This is interesting.

[Jimmy]

Copyrights work differently than that, people can contest the usage of the name, but usually the judge will decide that the characters are different enough from each other, or exist in different mediums completely. In the case of Voldemort, it's an obvious copy.

[Kristian Joensen]

Hank, on 01 January 2012 - 06:15 PM, said:

It's a character. So based on that, I could use Voldemort ( a character in Harry Potter) in a video game?
I'm not sure here, but there seems to be a conflict of copyrights. Someone created Bombshell and someone else craps it as a registered Tradename because it uses a different form of media. This is interesting.

IANAL but the whole thing is complicated by the fact that certain marks are deemed to be "famous marks" and as such are given a greater protection, however the issue with regards to TRADEMARKS are mainly the actual words/names used. Trademarks, copyrights and patents are all vastly different from each other. Trademarks are all about brands so they will cover company and product names and logos and the like as used in MARKETING. This is important since trademark have nothing to do with say every day speech they are strictly concerned with marketing efforts and commercial speech. Copyrights on the other hand cover creative works, so that will cover such thing as the art work used by Marvel/3DR the back story of a character, etc.

The standards of infringement are different as well. For trademarks the issue is "confusing similarity", the question is "Is a customer likely to confuse the two products?". So if 3DR was to be granted this trademark they could sue someone releasing a game called "Bomshell". On the other hand they couldn't sue a company manufacturing a brand of soap called "Bombshell". Surely you have heard of examples of totally unrelated products having the same or similar names? I don't really see the issue here at all.

Wikipedia even lists 5 different comic characters by the name "Bombshell": http://en.wikipedia.org/wiki/Bombshell

Some relevant articles:


http://www.trademark-education.com/similar.htm
http://marklaw.com/t...ary/confuse.htm


http://en.wikipedia....tial_similarity

Edit:

All of this is IMHO rather academic since we have no idea what 3DR's intentions are.

[----]

Hank, on 01 January 2012 - 06:15 PM, said:

It's a character. So based on that, I could use Voldemort ( a character in Harry Potter) in a video game?

There is a bit more to it (as Kristian already pointed out). And in your example another fact would come into play too. "Voldemort" is a pure name only associated with that character. Bombshell is a general term for a sexy babe.

[Hank]

Fair enough. When I hear (read) bombshell I see Rihanna or Wendy Conrad (Marvel). Voldemort was an extreme sample, still, I think bombshell should be off limits for a Tradename license. Let me put it this way, if I invented Wendy (bombshell) and another firm got the rights to the name, I would be pissed.

[Person of Color]

What's her superpower? Yo if that bitch can summon a Dave's Hot 'n Juicy half pounder on command, count me in. I know when it's real.

[rasmus thorup]

She can play tabletennis without her hands... I would like to see her smash

[ThePinkus]

Hank, on 01 January 2012 - 10:49 PM, said:

Fair enough. When I hear (read) bombshell I see Rihanna or Wendy Conrad (Marvel). Voldemort was an extreme sample, still, I think bombshell should be off limits for a Tradename license. Let me put it this way, if I invented Wendy (bombshell) and another firm got the rights to the name, I would be pissed.

You're on a forum dedicated to Duke Nukem

[Kristian Joensen]

Hank, on 01 January 2012 - 10:49 PM, said:

Fair enough. When I hear (read) bombshell I see Rihanna or Wendy Conrad (Marvel). Voldemort was an extreme sample, still, I think bombshell should be off limits for a Tradename license. Let me put it this way, if I invented Wendy (bombshell) and another firm got the rights to the name, I would be pissed.

Invented Bombshell? It is just a name, the 3DR one is not related to the Marvel one. Besides as far as I can tell the 3DR one predates the Marvel one and the DC Comics one predates both by far. But they are all unrelated.

Edit:

There are some other Bombshell related trademarks and trademark applications:

Bombshell LLC has a trademark application filed December 27, 2011 for the category: "IC 041. US 100 101 107. G & S: Photography services"

Castalia Outdoors, Inc has a trademark application filed August 30, 2011 for the category: "IC 028. US 022 023 038 050. G & S: Artificial fishing lures."

Cott Beverages Inc. has an application filed December 3, 2010 for the category: "IC 032. US 045 046 048. G & S: energy drinks and energy shots"

One individual named Odette Vivanco has a trademark application for "Bombshell Kitten" filed December 7, 2010 for the category: "IC 035. US 100 101 102. G & S: On-line retail store services featuring clothing and accessories"

Victoria's Secret Stores Brand Management, Inc has an application for "Bombshell Crush" filed April 1, 2011 for the category: "IC 035. US 100 101 102. G & S: Retail store services, online retail store services and mail order catalog services featuring personal care products, lingerie, clothing, handbags, and shoes"

Designer Skin, LLC has an application for "Modern Bombshell" for the category: "IC 003. US 001 004 006 050 051 052. G & S: Indoor and outdoor non-medicated skin tanning preparation"

This is just a small sample, a search for "Bombshell" on the uspto.gov site returns 127 records of which 57 are "live".

[rasmus thorup]

Well she was supposed to be in a game, so she is more than a name.

[Kristian Joensen]

Yes but the commonality is just in the name, what else can Marvel be said to have invented? But as far as I can tell 3DR actually beat Marvel to the punch. This Bombshell character he is talking about seems to have first appeared in a comic some time in between 2003 and 2011 (If Wikipedia is accurate on this point, which may well not be the case). But the DC Comics one I think appeared in 1966. But it doesn't (necessarily) matter any way since we are talking about different categories. I just don't see why this should stop 3DR from calling a GAME Bombshell any more than it is stopping those other companies.

[Hank]

Kristian Joensen, on 02 January 2012 - 10:01 AM, said:

Invented Bombshell? It is just a name, the 3DR one is not related to the Marvel one. Besides as far as I can tell the 3DR one predates the Marvel one and the DC Comics one predates both by far. But they are all unrelated.

Edit:

There are some other Bombshell related trademarks and trademark applications:

Bombshell LLC has a trademark application filed December 27, 2011 for the category: "IC 041. US 100 101 107. G & S: Photography services"

Castalia Outdoors, Inc has a trademark application filed August 30, 2011 for the category: "IC 028. US 022 023 038 050. G & S: Artificial fishing lures."

etc. cut by Hank

This is just a small sample, a search for "Bombshell" on the uspto.gov site returns 127 records of which 57 are "live".

Thanks again. I'm learning a lot here.
Bombshell
* Females that have the potential to make thirsty male's dick explode.
* Females that juggle deadly explosives.
* is on your list.

If 3DR can get the legal rights to this, it would be a clever corporate move.