All Hail the Space Marines!Since news sources are still linking to my old space marine trademark controversy posts (which no longer exist), I am reproducing them for posterity, in reverse chronological order. Happily, post-controversy, the book is available for sale, and you can buy it at retailers everywhere or, as I now prefer, get it from me directly. Bonus: the epilogue is only available from me! —M In the Future, All Space Marines Will Be Warhammer 40K Space Marines (February 5, 2013) In mid-December, Games Workshop told Amazon that I'd infringed on the trademark they've claimed for the term "space marine" by titling my original fiction novel Spots the Space Marine. In response, Amazon blocked the e-book from sale [original post and update]. Since then, I've been in discussion with Games Workshop, and following their responses, with several lawyers. To engage a lawyer to defend me from this spurious claim would cost more money than I have, certainly more than the book has ever earned me. Rather than earning money for my family, I'd be taking money from them, when previously my writing income paid for my daughter's schooling. And I'd have to use the little time I have to write novels to fight a protracted legal battle instead. In their last email to me, Games Workshop stated that they believe that their recent entree into the e-book market gives them the common law trademark for the term "space marine" in all formats. If they choose to proceed on that belief, science fiction will lose a term that's been a part of its canon since its inception. Space marines were around long before Games Workshop. But if GW has their way, in the future, no one will be able to use the term "space marine" without it referring to the space marines of the Warhammer 40K universe. I used to own a registered trademark. I understand the legal obligations of trademark holders to protect their IP. A Games Workshop trademark of the term "Adeptus Astartes" is completely understandable. But they've chosen instead to co-opt the legacy of science fiction writers who laid the groundwork for their success. Even more than I want to save Spots the Space Marine, I want someone to save all space marines for the genre I grew up reading. I want there to be a world where Heinlein and E.E. Smith's space marines can live alongside mine and everyone else's, and no one has the hubris to think that they can own a fundamental genre trope and deny it to everyone else. At this point I'm not sure what course to take. I interviewed five lawyers and all of them were willing to take the case, but barring the arrival of a lawyer willing to work pro bono, the costs of beginning legal action start at $2000 and climb into the five-figure realm when it becomes a formal lawsuit. Many of you don't know me, so you don't know that I write a business column/web comic for artists; wearing my business hat, it's hard to countenance putting so much time and energy into saving a novel that hasn't earned enough to justify it. But this isn't just about Spots. It's about science fiction's loss of one of its foundational tropes. I have very little free time and very little money. But if enough people show up to this fight, I'll give what I can to serve that trust. And if the response doesn't equal the level of support I would need, then I still thank you for your help and your well wishes. For now, step one is to talk about this. Pass it on to your favorite news source. Tell your favorite authors or writers' organizations. To move forward, we need interest. Let's generate some interest. I am available for questions for anyone who has them; you can reach me at haikujaguar at gmail. Thanks, everyone. Finally, several of you have asked about the Spots the Space Marine charity. I have always donated a portion of my profits from the sale of the book (in all editions, serial, e-book and print) to The Wounded Warrior Project, a charity recommended to me by the servicemen and servicewomen who also helped me with my many questions while writing. I'm not sure when Spots the Space Marine will be available again, but until I figure it out, I commend this charity to you. There would be no space marines without the real thing. Update on Games Workshop's Quarrel with Spots the Space Marine (January 3, 2013) In mid-December, Games Workshop made a complaint to Amazon that I had infringed on their trademark of the words "space marine" with my novel Spots the Space Marine (a near-future military science fiction novel about real marines). Their US trademark covers only gaming materials, not novels; the word "space marine" has been in use in science fiction since it was coined in the 1930s, by authors like Heinlein and E.E. Smith, among others. However, based on that complaint, Amazon blocked sales of my e-book. After some delay due to the holidays, I've had a phone conversation with Games Workshop about their issues with my novel. My takeaway from that conversation, then: Games Workshop has trademarks in the US, UK and Europe. The US and UK trademarks cover only games and miniatures, as I mentioned previously. The European trademark, however, includes Class 16, which reads: Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks Games Workshop brought their complaint to Amazon Kindle Publishing UK based on this class in the European trademark, which caused Amazon Kindle Publishing (in the US) to block my e-book in all the countries it was being sold. The paperback was not affected at the time of the complaint and has never been blocked from sale. Salient points (even granting that the many prior usages of "space marine" in science fiction can be ignored):
At this point, the e-book remains blocked from sale in all countries. Spots was my homage to Heinlein and the greats of science fiction. I contributed some of the profit to charities benefiting wounded soldiers (notably the Wounded Warrior Project). The e-book edition of Spots is where most of the money comes from, and where most of my readers first encounter the story. I don't appreciate having to defend my use of "space marine" to describe a cookie-baking mom no one could mistake for something out of Warhammer 40K. I've had some positive discussions with lawyers on my next steps, and am now researching lawyers with specialties in international trademark law. If you know of any such people (or are one), I'd like to hear from you! Several of you have asked if you can contribute to a Spots legal defense fund; I hope not to need one, but I'll keep you updated. In Which Games Workshop Accuses Me Falsely of Trademark Infringement (December 13, 2012) 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.
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