What is the name of your state? South Dakota
Hi, the situation is this, there is a game that was programmed as a hobby by somone and distributed for free on the internet. The game is a wrestling simulator and it has several real companies included in it. One of the companies contacted the author and made the following arguement
'[Company Name Removed] has recently acquired evidence that you are infringing on a large number of our trademarks, specifically, by offering a fantasy wrestling game on your http://promotionwars.co.uk website, which uses numerous [Company Name Removed] trademarks (please note that [Company Name Removed] also owns the [Company Name Removed], [Company Name Removed]and [Company Name Removed]trademarks. Use of these trademarks in your fantasy wrestling game will confuse consumers as to the source from which these products originated, and will be led to believe that these products have been made, approved, or sponsored by WWE. Therefore, your offering of this fantasy game constitutes actionable trademark infringement, counterfeiting and dilution in violation of trademark and criminal law and unfair competition law.
In the interest of avoiding costly legal proceedings, we demand that you:
1. immediately and permanently remove all [Company Name Removed]trademarks from the Fantasy Wrestling Game that is posted on your www.promotionwars.co.uk website;
2. confirm in writing that you have complied with all of [Company Name Removed]'s demands by signing and returning a copy of the Acknowledgement and Agreement included below.
The demands made herein are not made to the exclusion of other remedies to which [Company Name Removed] is entitled and [Company Name Removed] specifically reserves the right to seek all remedies available to it under federal and state law as a result of your infringing activities. In addition, by signing this document in the space provided below, and agreeing to cooperate as set forth herein, you represent that you are authorized to act on behalf of [Name Removed].
If we do not hear from you by August 2, 2004, we shall be forced to take further legal action.'
At the begining of the game before you see anything else full screen in big black and white bold letters this disclaimer is displayed for about 5 seconds
'This game is unnofficial and has no connection with the featured artists or their buisness organizations. This game is free and should not be distributed for any amount of money.' Now then that clearly states that they are in no way affiliated with wwe or any other's in the game.'.
Now he took it down and complied but I was wondering is what they did legal? I mean first their statement that it confuses people making them think that their company sponsored it seems to be a gross mistatement to me. Also is what he did illeagal? He made a game and distributed it for free. He had nothing to gain from it. Anyway the reason im asking is im programming a simulator similar to it (hasnt been released yet) and I dont want to run into the same problems. The big problem is that the company that emailed the above author is the biggest and almost the only national (and I think the only global) company currently televised. Thats a huge problem since alot of the fanbase for this style game is in the UK. Anyway if you can let me know that would be great.
-full unedited letter at: http://promotionwars.co.uk (posted august 10th)
Thanks for any help/advice
Hi, the situation is this, there is a game that was programmed as a hobby by somone and distributed for free on the internet. The game is a wrestling simulator and it has several real companies included in it. One of the companies contacted the author and made the following arguement
'[Company Name Removed] has recently acquired evidence that you are infringing on a large number of our trademarks, specifically, by offering a fantasy wrestling game on your http://promotionwars.co.uk website, which uses numerous [Company Name Removed] trademarks (please note that [Company Name Removed] also owns the [Company Name Removed], [Company Name Removed]and [Company Name Removed]trademarks. Use of these trademarks in your fantasy wrestling game will confuse consumers as to the source from which these products originated, and will be led to believe that these products have been made, approved, or sponsored by WWE. Therefore, your offering of this fantasy game constitutes actionable trademark infringement, counterfeiting and dilution in violation of trademark and criminal law and unfair competition law.
In the interest of avoiding costly legal proceedings, we demand that you:
1. immediately and permanently remove all [Company Name Removed]trademarks from the Fantasy Wrestling Game that is posted on your www.promotionwars.co.uk website;
2. confirm in writing that you have complied with all of [Company Name Removed]'s demands by signing and returning a copy of the Acknowledgement and Agreement included below.
The demands made herein are not made to the exclusion of other remedies to which [Company Name Removed] is entitled and [Company Name Removed] specifically reserves the right to seek all remedies available to it under federal and state law as a result of your infringing activities. In addition, by signing this document in the space provided below, and agreeing to cooperate as set forth herein, you represent that you are authorized to act on behalf of [Name Removed].
If we do not hear from you by August 2, 2004, we shall be forced to take further legal action.'
At the begining of the game before you see anything else full screen in big black and white bold letters this disclaimer is displayed for about 5 seconds
'This game is unnofficial and has no connection with the featured artists or their buisness organizations. This game is free and should not be distributed for any amount of money.' Now then that clearly states that they are in no way affiliated with wwe or any other's in the game.'.
Now he took it down and complied but I was wondering is what they did legal? I mean first their statement that it confuses people making them think that their company sponsored it seems to be a gross mistatement to me. Also is what he did illeagal? He made a game and distributed it for free. He had nothing to gain from it. Anyway the reason im asking is im programming a simulator similar to it (hasnt been released yet) and I dont want to run into the same problems. The big problem is that the company that emailed the above author is the biggest and almost the only national (and I think the only global) company currently televised. Thats a huge problem since alot of the fanbase for this style game is in the UK. Anyway if you can let me know that would be great.
-full unedited letter at: http://promotionwars.co.uk (posted august 10th)
Thanks for any help/advice