![]() I’ve seen many posts (here and over at Newsarama) where people basically say that it’s not NCSoft violating the CRs, it’s the users, so NCSoft can’t be liable. I’m not sure how the two items are connected. PAD Categories: 1 60 Comments Continue Readingĭan Forinton raised the point that the user agreement thingy before you start the game includes the disclaimer that the characters and stuff in the game are the property of NCsoft, then stating that “It would appear that Marvel have decided to be áššëš over this issue…” Hopefully this will be settled quickly and out of court so Marvel doesn’t have to look like a bully while legitimately trying to protect its legal interests. But no one participating in City of Heroes is looking at characters named Wolviereen and thinking they’re seeing genuine Marvel licensed products. ![]() There were really fans, unfamiliar with Cerebus, who saw Wolveroach on the cover and bought the book thinking it was a Marvel tie-in. ![]() I mean, it’s one thing when Marvel went after Dave Sim because of Wolveroach, because that really DID create confusion in the market place. The fact is that certain character traits and powers have become iconic and trying to patrol against them is a waste of time. Similarity of characters? They’ve got a far stronger case to go after “The Incredibles” considering you’ve got a team with a superstrong hero, a stretching hero, and a girl who both turns invisible AND projects forcefields. On the flip side, personally–I don’t think they have a leg to stand on. There are so many more effective and assured ways for Marvel to turn a buck than the wholly unpredictable option of litigation that it’s just too silly a notion for me to accept. ![]() I do not believe for an instant the notion that they’re doing so just to try and make money from settlements or wins. The outcome itself is almost secondary to taking the action. So if Marvel’s legal beagles genuinely believe their trademark is possibly being infringed, they literally have no choice but to file suit. That’s why George Lucas had to go after the US gov’t over “Star Wars” as applied to SDI, even though it was pretty much a lost cause from the get-go. One has to be aggressive in protecting one’s trademarks, because–at least it’s my understanding–failure to do so weakens them to the point of possible forfeit. ![]() People are asking me my opinion (God knows why) on the law suit Marvel has filed against City of Heroes claiming trademark violation. ![]()
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