[Hank]

MusicallyInspired, on 01 June 2019 - 05:07 PM, said:

I hadn't read that anywhere.

"Defendant's infringement is incredibly blatant. Defendant is undoubtedly aware of IRON MAIDEN's existence and is attempting to trade off on IRON MAIDEN's notoriety because, inter alia, Defendant chose to use the virtually exact IRON MAIDEN trademark and was instructed to cease and desist by Plaintiff. In response thereto, Defendant abandoned its Ion Maiden trademark application but chose to defiantly continue to use its Ion Maiden mark.

from
https://www.blabberm...den-video-game/

[Forge]

Also this: look through the document history of when it was filed and when the abandonment was filed

Hank, on 29 May 2019 - 08:10 PM, said:

direct link http://tsdr.uspto.go...pe=statusSearch

[Master O]

Is this game's full release going to be delayed because of this lawsuit?

[Hank]

Master O, on 01 June 2019 - 07:10 PM, said:

Is this game's full release going to be delayed because of this lawsuit?

Who knows? My distaste for this Euro Trash, (ake 3D Realms) is well documented here.
Let’s just hope Voidpoint is getting their well-deserved break in the Gaming Industry. The game is superior in my books; despite this Euro Trash Corporation from Aalborg fucking it up, all because of a technicality, a simple trade name legal issue.

Expire 3D Realms, please, go to fucking hell, you mother fuckers.

[Jimmy]

[HenitoKisou]

“Let the past (Iron Maiden) die. Kill it, if you have to. That’s the only way to become what you are meant to be.”

[johnnythewolf]

I was going to suggest renaming the game to "Bombshell Begins" if worse comes to worst, but then I remembered that the first Bat-Nolan movie was called Batman Begins.

[Master O]

Hank, on 01 June 2019 - 07:47 PM, said:

Who knows? My distaste for this Euro Trash, (ake 3D Realms) is well documented here.
Let’s just hope Voidpoint is getting their well-deserved break in the Gaming Industry. The game is superior in my books; despite this Euro Trash Corporation from Aalborg fucking it up, all because of a technicality, a simple trade name legal issue.

Expire 3D Realms, please, go to fucking hell, you mother fuckers.

I certainly can't believe that this naming issue wasn't handled much earlier than now. This sounds to me like massive incompetence on 3D Realms' part. Didn't it occur to someone at 3D Realms to check with Iron Maiden's lawyers first?

[Radar]

Either 3DR thought they were bluffing, or that they could easily handle a lawsuit if one was filed. Incredibly short-sighted behavior regardless. I hope this lawsuit doesn't nix the game the way the HTTK lawsuit did.

[Mark]

How about "Bombshell Re-thinked"

[Zaxx]

"Bomsbshell FUCK IRON MAIDEN HOLDINGS UNTIL THEIR ASSES BLEED"?

[johnnythewolf]

Bombshell Ignited?

[oasiz]

Can't wait for you guys to get your hands on the game...

Effort and tricks that have gone to this are just stupid.

Even if everybody ends up hating the full game, damn is it a showcase on what the engine can pull off.

I'm surely going to try to document and explain a bunch of stuff, It's just stupid how much more control you have over duke now.

[DisgustedGrunt]

what about Shelly Explosive Adventure?

[TerminX]

Forge, on 01 June 2019 - 04:44 PM, said:

Fred had 6 months to figure it out, he apparently decided to do nothing and hoped for the best.

Nah, that's bullshit. We responded to the C&D and they just didn't like the response. "Ignoring" it in this context means we didn't do what they told us to. They received a proper letter in response to the original C&D saying that we weren't going to change the name.

[Phredreeke]

What if you were to change the name to "Voidpoint's Ion Maiden"?

[Master O]

TerminX, on 02 June 2019 - 11:57 AM, said:

Nah, that's bullshit. We responded to the C&D and they just didn't like the response. "Ignoring" it in this context means we didn't do what they told us to. They received a proper letter in response to the original C&D saying that we weren't going to change the name.

I'll ask again: Is this frivolous lawsuit going to delay the release of the full game? I saw 3DR's twitter post that says it will not, but has anything changed since then?

[Forge]

TerminX, on 02 June 2019 - 11:57 AM, said:

Nah, that's bullshit. We responded to the C&D and they just didn't like the response. "Ignoring" it in this context means we didn't do what they told us to. They received a proper letter in response to the original C&D saying that we weren't going to change the name.

Fair enough.
August 14, 2018 trademark publication for Ion Maiden confirmed.
"If no party files an opposition or extension request within thirty (30) days after the publication date, then eleven (11) weeks after the publication date a certificate of registration should issue."

Apparently Iron Maiden Holdings filed a grievance by September 13th.

3DR lawyers responded.

Iron Maiden Holdings didn't respond

So the natural thing to do was to file Request for Express Abandonment, because it's okay to abandon the name trademark after telling the aggrieved party you weren't going to. Registered trademarks are for suckers.

And the plan afterwards was to................??????
Keep using the name anyway. Maybe Iron Maiden Holdings won't notice the second time.


I'm not trying to grief you, but from the outside that's what it looks like, and those are the types of things that are going to be brought up if it goes to court.

[Outtagum]

Mark, on 02 June 2019 - 08:58 AM, said:

How about "Bombshell Re-thinked"

Bombshell: Preloaded

[Forge]

Anyway. I have nothing else to say about the matter. Speculating from the sidelines isn't helping any, and it's probably not a good idea to discuss a pending case in public.

I hope the outcome, whatever it may be, is favorable to Voidpoint

[MusicallyInspired]

oasiz, on 02 June 2019 - 11:06 AM, said:

Can't wait for you guys to get your hands on the game...

Effort and tricks that have gone to this are just stupid.

Even if everybody ends up hating the full game, damn is it a showcase on what the engine can pull off.

I'm surely going to try to document and explain a bunch of stuff, It's just stupid how much more control you have over duke now.

Lol I appreciate this attempt to re-steer the thread, even if that expectation might be a bit unrealistic. Really looking forward to the game. I've been wanting to finally drop the money on this but there's so much going on and coming up for me right now. Especially in August. But I had a freaking blast with the bonus demo and I really enjoy going back to it. Love to see what the engine can do after release!

[oasiz]

MusicallyInspired, on 02 June 2019 - 06:26 PM, said:

Lol I appreciate this attempt to re-steer the thread, even if that expectation might be a bit unrealistic. Really looking forward to the game. I've been wanting to finally drop the money on this but there's so much going on and coming up for me right now. Especially in August. But I had a freaking blast with the bonus demo and I really enjoy going back to it. Love to see what the engine can do after release!

Nah, I just did that for the free reputation points and it seems to work.

Glad to hear it!

[Crazyboy88]

How about Bombshell VS the Terrorists?

[OpenMaw]

Crazyboy88, on 03 June 2019 - 07:57 AM, said:

How about Bo-

[Doom64hunter]

Master O, on 02 June 2019 - 12:20 PM, said:

I'll ask again: Is this frivolous lawsuit going to delay the release of the full game? I saw 3DR's twitter post that says it will not, but has anything changed since then?

I imagine it wouldn't exactly speak in 3DRealms' favour to release the game under the current name while the lawsuit is still going.

[OpenMaw]

Actually, not waffling and sticking to their guns would be the better move.

[TerminX]

Forge, on 02 June 2019 - 12:46 PM, said:

So the natural thing to do was to file Request for Express Abandonment, because it's okay to abandon the name trademark after telling the aggrieved party you weren't going to. Registered trademarks are for suckers.

Eh? We agreed to abandon the trademark registration as a goodwill gesture to show our intent to not dilute the band's trademark (not that it would have), but they still wanted us to change the name which we declined to do. Abandoning the trademark doesn't really matter much here because trademarks are for enabling you to bring suits against others for infringement, and not explicitly for defending against them.

Quote

I'm not trying to grief you, but from the outside that's what it looks like, and those are the types of things that are going to be brought up if it goes to court.

This is actually not true--in court, the correspondence would be "EXHIBIT X" and nobody would be drawing conclusions based on what they imagined it said.

[NightFright]

What would be your personal assessment regarding the chances of Ion Maiden being able to keep its name, including all other disputed assets (main char name, graphics etc)?

Personally I have already grown quite attached to the name and everything that comes with it and wouldn't like to see everything change, especially during the final stages of game development.

[NNC]

I think they will modify the title, but keep the character name and the graphics, and the case will be closed. Still a tremendous damage as the whole game was recognised by this title, not by something else.

[Zaxx]

TerminX, on 03 June 2019 - 02:22 PM, said:

Eh? We agreed to abandon the trademark registration as a goodwill gesture to show our intent to not dilute the band's trademark (not that it would have), but they still wanted us to change the name which we declined to do.

Honestly I don't think that was a good decision because now you have a lawsuit against you where their only point that could end in their favor is the similarity of the title... and to be frank I'm 99.9999% sure that you'll lose the title.