In Which Games Workshop Accuses Me Falsely of Trademark Infringement

Posted by on December 13, 2012 Leave a comment (88) Go to comments

Edit, 1-03-13: There has been an update since this post.

Today I got an email from Amazon telling me they have stopped selling Spots the Space Marine because Games Workshop has accused me of infringement on their trademark of the word ‘space marine’.

If you go to the Trademarks Database and look up the word “space marine” you’ll find the Games Workshop owns a trademark on the term “space marine,” but it only covers the follow goods and services: 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.

Fiction isn’t included in that list, which means Games Workshop has no grounds on which to accuse me of trademark infringement.

I didn’t get my use of that term from Games Workshop. I got it from Robert Heinlein. Apparently the first use of the term was in 1932. E.E. Smith used it, among others. Also there are other novels on Amazon being sold that have “space marine” in the title. I don’t know why Games Workshop decided to complain about Spots in particular, but my guess is because the Kickstarter made it a little higher-profile than the average indie offering.

I’ve sent a polite email to Amazon pointing out the trademark filing and the fact that fiction isn’t covered by it, in the hopes that Amazon and I can work out their issue with the book. If you’re waiting to buy it, hopefully all this will be cleared up soon.

Edit: Thanks for the comments, folks. I’m going to close them for now while I have a discussion with the people involved.

Uncategorized
Leave a comment ?

88 Comments.

  1. Neowolf2 December 13, 2012 at 3:43 pm

    I’m not a lawyer, but I fear it may be they are legally entitled to stop you. The reasoning would be: fiction is sometimes written based on games, and so there is a ground for confusion arising (in the minds of consumers) between their game trademark(s) and your title.

    Reply
  2. William Frank December 13, 2012 at 5:36 pm

    My firm (linked) might be able to help. I’ve put my work email address in the Email bar; if you’d like, I can put you in touch with a partner on the TM side…

    Reply
  3. Olaf December 14, 2012 at 1:50 pm

    And then they wonder why many people call them “the Evil Empire”? Sheesh- they need to get a life.

    Reply
  4. Sagrilarus December 14, 2012 at 4:46 pm

    Did you get this cleared up? It looks like your book is available for sale.

    Reply
  5. Do Gooder Press - A Monday afternoon collection. - pingback on December 17, 2012 at 5:13 pm
  8. Angelic Scars December 20, 2012 at 4:30 am

    As a long time GW ‘customer’ I find myself intensely unsympathetic towards their position. They have a long, dubious and sordid history of frivolous litigation. This isn’t even close to the silliest thing they have claimed in court. I wish you luck in getting this resolved. Even being in the legal right, you may need it :(.

    Reply
  9. – Author’s Book Removed From Amazon By Bogus Trademark Claim - pingback on December 21, 2012 at 11:00 pm
  13. Long live the Space Marines! | I Saw the Angel - pingback on February 6, 2013 at 4:40 am
  15. For the love of space marines... | Rambleicious - pingback on February 6, 2013 at 2:43 pm
  16. Really? WTF GW? : Deepstrike Radio - pingback on February 6, 2013 at 7:59 pm
  17. The Mother Fucking Space Marines « Under An Outlaw Moon - pingback on February 7, 2013 at 9:08 am
  20. Today, we are all Space Marines. | The Refined Word - pingback on February 7, 2013 at 7:05 pm
  22. Christopher Stogdill February 8, 2013 at 12:08 am

    I went ahead and blogged about this. Feel free to use my suggestion at the end for a trademark of your own.
    This is my post

    Reply
  23. A Space Marine By Any Other Name | - pingback on February 8, 2013 at 12:18 pm
  24. Space Marines: bullying goes nuclear then MELTDOWN! - pingback on February 8, 2013 at 5:09 pm
  25. The powerful resource of social media | Necia Phoenix - pingback on February 8, 2013 at 6:10 pm
  27. Who Owns the Space Marines? | D. Thomas Minton - pingback on February 11, 2013 at 3:09 am
  31. Games Workshop Super Bully | The Bookworm's Fancy - pingback on February 18, 2013 at 5:19 pm

Leave a Comment


NOTE - You can use these HTML tags and attributes:
<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Trackbacks and Pingbacks: