"Space Marines" Now A Trademarked Phrase
- Thread starter rugcat
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It really doesn't matter which game used them first since they appear in mythology and then in Tolkien way before either game used them.
No, those have more in common with goblins than elfs. it says svartalf not svartalv. In modern Swedish dark elf would be mörkeralv. Alf and alv are two different type of creatures. I know the line between mythological creates get blurrier and blurrier the further back you go but here we are talking about modern fiction. In the english speaking world they say Santa Claus have elfs even though they are short, stout and have beards, they is clearly not elfs in my mind.
But back to but back to off topic, I meant elfs the modern high fantasy sense.
I have fallen foul of this too. Not with "Spacemarine" (TM) but the term "casebook". I was messing around with some mates a few years back and produced a few Sherlock Holmes stories in the far flung future. Same story only with twists to make them sci-fi. Someone asked for a copy and suggested we publish, and I thought why not. It was a fun project that kept my mind occupied whilst I was having a break from my regular writing. Knowing that "Sherlock Holmes" is probably trademarked, I did some research and contacted the holders in London. I gained permission in return for a small fee (well for them it was, for me it was an arm twister!) and a percentage of profits, and went via lulu after purchasing a cover off an artist I really like.
I listed the project in 2011 and received solid but not spectacular sales. as my margin is low and I factored in the original fee, the proofs and the cover, I wasn't even in profit after two years! and now the book has been quarantined! why? apparently a US holder of a trademark has questioned the title "Galactic Casebook of Sherlock Holmes" as it infringes on an active copyright of the "Casebook of Sherlock Holmes" and so I need to seek permission to sell in the US (the book is in the public domain everywhere else in the world from 2000, but in the US it's copyrighted til 2023). This means it has disappeared without trace, I can either give up even more of nothing or mothball the whole idea until 2024 I guess! For me it's not a problem, it was produced for fun, I enjoyed doing it and it was a private project. For the artist it's a shame as plenty of the sales came through his exhibitions and he can't showcase it either due to copyrights...
I agree 100% with copyright laws as it's a disgrace that people would steal ideas and ride other's success, but there is a point where it just looks like greed. They don't care about the work, they want to maximise their share of the profits. Now do I ask what fee I will have to pay this time and what share of profits that will never come I have to give up again, or do I just forget about the whole thing? wouldn't mind but the word "casebook" was chosen from a choice of about 10 words, I didn't really like it and if I had used any other word, I would be fine!
I listed the project in 2011 and received solid but not spectacular sales. as my margin is low and I factored in the original fee, the proofs and the cover, I wasn't even in profit after two years! and now the book has been quarantined! why? apparently a US holder of a trademark has questioned the title "Galactic Casebook of Sherlock Holmes" as it infringes on an active copyright of the "Casebook of Sherlock Holmes" and so I need to seek permission to sell in the US (the book is in the public domain everywhere else in the world from 2000, but in the US it's copyrighted til 2023). This means it has disappeared without trace, I can either give up even more of nothing or mothball the whole idea until 2024 I guess! For me it's not a problem, it was produced for fun, I enjoyed doing it and it was a private project. For the artist it's a shame as plenty of the sales came through his exhibitions and he can't showcase it either due to copyrights...
I agree 100% with copyright laws as it's a disgrace that people would steal ideas and ride other's success, but there is a point where it just looks like greed. They don't care about the work, they want to maximise their share of the profits. Now do I ask what fee I will have to pay this time and what share of profits that will never come I have to give up again, or do I just forget about the whole thing? wouldn't mind but the word "casebook" was chosen from a choice of about 10 words, I didn't really like it and if I had used any other word, I would be fine!
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I think you might be able to get away with spacemarine as one word... !
On your other point, IANAL, but I don't see that being about the word "casebook" - it's about the phrase "Casebook of Sherlock Holmes". If, for instance, their title had been "Sherlock Holmes' Casebook", they might have less ground for complaint against your (clearly different) title. Like I said, though, I don't know the law well enough to really say either way.
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