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jeriendhalSummary: M.C.A. Hogarth AKA ![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
haikujaguar, an independent artist and self-published author is being hit with a trademark infringement claim by GW over her script-novel Spots the Space Marine: Defense of the Fiddler, under the idea that GW has exclusive copyright to the phrase "Space Marine".
Mrs. Hogarth disagrees, pointing out the relative trademark covers, quote:
IC 028. US 022. G & S: board games, parlor games, war games, hobby games, toy models and miniatures of buildings, scenery, figures, automobiles, vehicles, planes, trains and card games and paint, sold therewith.
Note that fiction is not included there, and further the cover art of the book, especially the design of the armor (what you can see of it), in no way resembles GW's house style for their 40k universe, nor does the any of the history presented in the book. [1]
I'm trying to stay reasonably non-inflammatory about this. If someone self-published a book about science-fiction tank warfare with the word "Ogre" anywhere on the cover, I'm sure Steve Jackson Games would have Words with them. On the other hand the term "Space Marine" has been in fiction since at least the days of Doc Smith, and it seems grossly unfair that GW would come down on Hogarth, who probably hasn't made even $5k off the book and likely a lot less.
Unfortunately he with the biggest legal fund usually wins, and it doesn't look like Hogarth has much of a chance here.
Anybody know any good IP lawyers who work cheap?
[1] They're near-future USMC for the record.
haikujaguar, an independent artist and self-published author is being hit with a trademark infringement claim by GW over her script-novel Spots the Space Marine: Defense of the Fiddler, under the idea that GW has exclusive copyright to the phrase "Space Marine". Mrs. Hogarth disagrees, pointing out the relative trademark covers, quote:
IC 028. US 022. G & S: board games, parlor games, war games, hobby games, toy models and miniatures of buildings, scenery, figures, automobiles, vehicles, planes, trains and card games and paint, sold therewith.
Note that fiction is not included there, and further the cover art of the book, especially the design of the armor (what you can see of it), in no way resembles GW's house style for their 40k universe, nor does the any of the history presented in the book. [1]
I'm trying to stay reasonably non-inflammatory about this. If someone self-published a book about science-fiction tank warfare with the word "Ogre" anywhere on the cover, I'm sure Steve Jackson Games would have Words with them. On the other hand the term "Space Marine" has been in fiction since at least the days of Doc Smith, and it seems grossly unfair that GW would come down on Hogarth, who probably hasn't made even $5k off the book and likely a lot less.
Unfortunately he with the biggest legal fund usually wins, and it doesn't look like Hogarth has much of a chance here.
Anybody know any good IP lawyers who work cheap?
[1] They're near-future USMC for the record.
