BEWARE

(nUllSkillZ) #81

Due to the search above the trademark “Enemy Territory” is registered for the following goods and services:

IC 016. US 002 005 022 023 029 037 038 050. G & S: posters, printed guides featuring strategy for playing computer software games, and books featuring hints for playing computer software games

IC 025. US 022 039. G & S: clothing, namely, T-shirts, sweatshirts, caps, and headwear

For source click on the findings on the search mentioned above.
Not sure if there’s also a registration for domains.

(DG) #82

They’ll probably just ask the registrar to transfer ownership and they will almost certainly bend over and give it, then send you an email to let you know. TBH I’m surprised they’re bothing since although like ReyalP says, if you dont defend your trademark you lose it (which is probably all they’re bothered about, I seriously doubt it’s to “kill off ET”), they’ve already taken 4 years.

I’d suggest while they play their “we’ve got lawyers and money” card you continue to play the “let’s see what our shared community thinks about it” card, this is very much in the public interest, both to the game’s community and in the wider view. Be reasonably nice and they’ll maybe come up with some solution like giving you lease on the trademark for a very specific purpose for the consideration of $1.

$250 is a joke tbh, they must think you’re about 13. He probably billed that for approving the email after his assistant wrote it for him.

You’re sure the email isnt some prank?

<start="voiceover from typical 70’s american tv show about maverick young lawyer "> FWIW a material element of the the server guide that comes in the ET documentation is my intellectual property and Activision were made fully aware it was without my consent. :nag:

(Nail) #83

Bravo, get over it, we tried to help you set up your adblocker, I don’t see any ads and neither do most of our other members, this certainly isn’t the place to continue that discussion

(SCDS_reyalP) #84

Honestly, I can see ATVI’s position. It doesn’t seem as one sided as many people are making it out to me.

You have chosen to register a name that is exactly the same as the common name of the game, only one hyphen different from the official site, and you make no effort to tell people that it isn’t the official site. It may be there somewhere, but I don’t even see a link to id, SD, ATVI, or the official enemyterritory site anywhere on the first page. Nor is there anything that stands out saying it is a fan site. Regardless of whether you are legally in the right, you have certainly failed to show common courtesy.

By registering a site that is so blatantly close to the official name, you set your self up for conflict. You should have realized this when you registered it.

The site is also full of invasive adds, which gives a bad impression of the product to anyone who thought it was the official site. The fact that you can block them is irrelevant to this.

edit:
I should add that I’m not trying to say ATVI should take the domain. It would just be bad PR for them and not gain much of anything.

(nUllSkillZ) #85

Seems that E-T.com is registered in germany.
And this has to be treated by german law.

My guess [edited]:
If idâ„¢ / Activisionâ„¢ wants the domain they will get it.

Edit:

It’s not a TM here in germany.
But I guess as it is a TM in USA it can be registered very quickly.

The side I’ve found:
http://www.domain-recht.de/recht/index.php
suggests to not name domains like TM’s or name’s of software.

(EB) #86

…percentage-wise, most ET sites do NOT link to SD, id or Activision.

ALSO:
Ever hear the story of Mike Rowe Software ?

(kamikazee) #87

That was the story I was pointing to with “Microsoft’s lawyers”, thanks for linking it.

I also wondered: the original trademark was “Wolfenstein: Enemy Territory” whilst the site was registered just as “Enemy-Territory”. If the trademark is registered after the domain name was bought, wouldn’t this void their claim on trademarks? (Ok, this is stuff for lawyers which I shouldn’t ramble about, but it’s just an idea.)

(Bravo) #88

Did you actually read my post?

I was commenting on the discussion relating to the issue raised in this thread. The ad issue I had with your site is ‘gotten over’, as I no longer use that site because of it.

The concerns I raised with regard to Activision are in my opinion valid concerns.

As always, with regard to your site, which I did once enjoy immensly, I am trying to help you. In your anger, you see it as me having a go at you. That is simply not the case.

Tony

(YourFather_CZ) #89

I don’t think so… i some coutries like Czech Republic (in central Europe) can be owner of national domain like .CZ only from this country like Czech Republic.

I´m owner wolfenstein.cz and if want register enemy-territory.cz Activision cannot take it becouse Activision isn’t Czech company.

My coutry is safe - Activison registered only these trade marks:

DARK
INTERSTATE '76
INTRINSIC GRAPHICS
INTRINSIC ALCHEMY
ACTIVISION 02
ACTIVISION O2
ACTIVISION
KABOOM!
FREEWAY
PITFALL
RIVER RAID
KABOOM
TRUE CRIME
CALL OF DUTY

(nUllSkillZ) #90

It doesn’t matter who will “win” in the end.
I think both sides have lost already.

(DarkangelUK) #91

tbh i’m suprised they didn’t register the domain from the start, and i think you’re seriously niave to think that having the domain wouldn’t raise questions on TM etc. You say you don’t want to lose your website… it’s my understanding they don’t want to touch your website what so ever, they just want the domain? I’m sorry but i can see this perfectly well from Atvis point of view. When i got the game, the 1st URL i typed in on a guess was enemy-territory.com expecting the official site… and did take a few moments of browsing to realise it wasn’t. They paid the fee to register that name as trademark, and they should get the use out of what they paid for… regardless of what form.

(amazinglarry) #92

Well Darkangel they shouldn’t have to consider people “guessing” as to what the website is called when it’s usually listed in the manual and help. And yes, ET has both. If they paid the fee to register the name as a trademark then to me that means they have a responsibility to cover all their bases as soon as possible, not 4 years later when something else has been established. Just my 2 cents though.

(Nail) #93

All is solved, we are keeping the domain, thanks to everyone involved

(Bravo) #94

Glad it was sorted amicably :slight_smile:

Did they give in then?

(RosOne) #95

Awesome :drink:

Now join #splashdamage at irc.quakenet.org and tell us more =p

(DarkangelUK) #96

Sorry but it’s a 2 way system, when choosing a domain name they should think about covering all the bases as well… does it infringe on trademarks etc. Seen it happen plenty times, and our good man Ifurita is a perfect example of that. His RTCW 4 Dummies had to be renamed because he was using a trademaked name. Sorry but Atvi had every right to take the domain, and they should have… the website admin new fine well it was a registered trademark when they ordered the domain. Ignorance is not an excuse.

(Nail) #97

yes, we’re all best of buddies now

I’d like to apologize to SD for abusing their forum in this way, I’m sorry, but it seemed to be the most expeditious method of resolving the problem, thanks again for your help

(Homer J) #98

Bah.

I reserve my right to boycott Activision and id anyway. :wink:

(ripthesystem) #99

yes, we’re all best of buddies now

Can you give us a little more insight into what happened and how it was resolved? I feel like I’m on a rollercoaster ride but it didn’t end, they just sort of pushed us off in the middle. OUCH!

(Bernie) #100

Same :drink: