Iron Maiden suing indie devs for TradeMark Infringement

Discussion in 'Video Games' started by Shannon Apple, May 30, 2019.

  1. Shannon Apple

    Shannon Apple Sour Apple
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    https://www.theguardian.com/music/2...o-game-developers-for-2m-over-ion-maiden-game

    So, Iron Maiden are suing the publishers of an indie game Ion Maiden for infringing on their trademark. Like, okay, the name is similar. The logo mark is VERY different and the game has nothing at all to do with the band Iron Maiden, nor does it even try to look similar to Legacy of the Beast in any way. They're claiming "blatent" infringement on their trademark and that it's confusing customers. Meh, I think that's a stretch at best. I can't believe that anyone would get confused here. Of course their fanclubs and so on are going to support them in this and claim that "Yes, it confused us." They'll have a hard time convincing the rest of us to be confused. I heard about this game because of this sue case and honestly, there's no way I would have thought it had anything to do with the band. The name might have reminded me of them alright, but that's it. The game has very positive and overwhelmingly possitive reviews, so can't help but think that the band wanted in on a slice of the profits. Had it not made any money, don't think they would have cared.

    The devs/publishers wrote on the Steam page today:
    What do you make of this? Greed? It feels kinda similar to how Apple sue every company that dares to put anything resembling an apple in their logo, as if they somehow own the fruit. They do this because they can, not because they need to. Most people Apple goes up against can't afford to fight it. >.>

    I guess it has the unintended effect of getting us to check out a game that we've never heard of. So the indie devs might actually get some much needed publicity now.
     
  2. ALToxicity

    ALToxicity The great and powerful Peridot

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    Their reasoning is a reach. The game looks nothing like anything related to Iron Maiden, and similar imagery like the claimed skull bomb similarities are likely due to this kind of FPS being in a genre that just refers to visual symbols from metal as a genre. It sounds like they have a sue-happy lawyer on retainer who thinks everything is infringement even down to similarity in name.
     
  3. Oh Snape

    Oh Snape House Bantsratheon
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    They could've at least sued them for 666 million dollars.

    Looks like they'll have to run for the hills tho as I'm pretty sure 'satire' and 'spoof' are protected from copyright as this just look like a play on words and the other stuff can easily be changed omitted.

    #notacopyrightlawyer
     
  4. Shannon Apple

    Shannon Apple Sour Apple
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    LOL! Yeah, that would be kinda funny.

    I actually studied this exact area of Media Law during my Master's and did a case study on all of the shit Apple pulled on other companies. You can't copyright an idea, only the representation of that idea. Like, the logo's are very different, so not a chance of confusing them. It would set a very strange precedent if every trademark that had a remotely similar name started throwing their toys out of the pram.

    If you had say EuroStar the train company coming after EuroSpar the supermarket, or vice versa, complaining that one copied the other's name. For example, EuroSpar saying that EuroStar can no longer sell EuroStar branded food items to their passengers because it might confuse people. (I dunno if they have their own brand stuff, but hypothetically.) If the two companies had the exact same name though, like EuroStar (a discount shop chain, say) and EuroStar Rail, which sometimes happens if a company has expanded internationally, then the one who already existed there would have an absolute right to stop the newcomers from selling the same products or services. They could also reach to having the newcomer trade under a different name in their territory. So long as they're in a different industry, it's not all that big of an issue, but they'd be able to bring a case for it.

    So, the name's even a stretch. But... if the game had copied elements from Iron Maiden's own game, or used characters based on the band or mascots, they couldn't get out of it with the parody clause, and mainly because it isn't a parody to begin with. You have to prove that's the intent. If the intent is simply commercial, then you absolutely have to have permission or buy the rights if you're copying artworks. Iron Maiden would have every right to sue in that case and I would be taking their side. These devs haven't done that at all, so I really don't think the band have a leg to stand on here. They're probably trying to scare 3D Realms into changing the game's name.

    Every country's laws are different though, but I would say the jist is the same. I'm no expert either, but... that's my limited understanding of the laws surrounding it.
     

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