Court to Cancel Tim Langdell's "Edge" Trademarks?
After a long legal battle, the trademark showdown between EA and Tim Langdell is over - and Langdell probably isn't happy right now.
Earlier this week, we reported that [http://www.escapistmagazine.com/news/view/104051-Langdell-Loses-His-Edge] "patent troll" Tim Langdell's suit against EA regarding Mirror's Edge - and how it allegedly infringed on his trademarked rights to the word "Edge" - had been thrown out of court. The bad news keeps coming for Langdell, because it seems that the court has sided with EA on the other lawsuit at hand: EA's request to dismiss Langdell's trademarks.
I will freely admit that I am no lawyer, and some of the legal terminology goes over my head (what's the difference between a "(proposed) final judgment" and an actual final judgement?). Still, from what I can understand of the court order in question [http://cowboyprogramming.com/files/Exhibit%20A.pdf] (and this is either the real deal or the world's most convincing fake), the court has found in favor of EA on all counts - and has ordered several (if not all) of Tim Langdell's trademarks canceled.
[blockquote]The parties having stipulated to the disposition of the claims in this action, FINAL JUDGMENT IS HEREBY ENTERED in favor of Defendant and Counterclaimant Electronic Arts Inc. ("EA") and Counterclaimant and Counter-Counterdefendant EA Digital Illusions CE AB ("DICE"), and against Plaintiff, Counterdefendant, and Counter Counterclaimant Edge Games, Inc. and Counterdefendant The Edge Interactive Media, Inc., on all claims, counterclaims, and counter-counterclaims, with the exception of the Sixth Claim for Relief (Declaratory Relief) in the Counterclaim asserted by Counterclaimants EA and EA DICE, which is dismissed without prejudice in accordance with the parties' stipulation.
Pursuant to Section 37 of the Lanham Act, 15 U.S.C. § 1119, the Commissioner of Patents and Trademarks and the Assistant Commissioner for Trademarks are hereby ordered to cancel U.S. Trademark Registration Nos. 2,219,837; 2,251,584; 3,105,816; 3,559,342; and 3,381,826. The Clerk of the Court is further directed to certify a copy of this Final Judgment to the Commissioner of the Patent and Trademark Office.
Each party shall bear its owns costs and fees in this matter.
IT IS SO ORDERED.[/blockquote]
Legalspeak aside, it seems pretty straightforward to me. It isn't clear whether this cancels all of Langdell's trademarks or merely the offending ones, but it seems that the name "Edge" may once again be up for grabs.
Coincidentally, earlier today we reported that Mobigame's David Papazian had said [http://www.escapistmagazine.com/news/view/104138-Mobigame-Langdell-Legal-Battle-Just-Getting-Started] that Langdell would remain a threat until his trademarks were canceled. Perhaps he spoke too soon.
(Thanks to Martin Piper for sending this in!)
Update/Correction: Some of our more legal-savvy readers have helpfully explained what this proposed final judgment is - it is a document submitted to the court (in this case, via EA's lawyers) to request an actual final judgment.
Given that the judge has not signed off on this yet, the court has not yet filed for Langdell's trademarks to be dismissed - sorry to get people's hopes up. However, given that both EA's and Edge's attorneys have apparently agreed to this, I am told that it is likely that it will be accepted.
Law is confusing. Thanks Starke and Mick West for the clarification.
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After a long legal battle, the trademark showdown between EA and Tim Langdell is over - and Langdell probably isn't happy right now.
Earlier this week, we reported that [http://www.escapistmagazine.com/news/view/104051-Langdell-Loses-His-Edge] "patent troll" Tim Langdell's suit against EA regarding Mirror's Edge - and how it allegedly infringed on his trademarked rights to the word "Edge" - had been thrown out of court. The bad news keeps coming for Langdell, because it seems that the court has sided with EA on the other lawsuit at hand: EA's request to dismiss Langdell's trademarks.
I will freely admit that I am no lawyer, and some of the legal terminology goes over my head (what's the difference between a "(proposed) final judgment" and an actual final judgement?). Still, from what I can understand of the court order in question [http://cowboyprogramming.com/files/Exhibit%20A.pdf] (and this is either the real deal or the world's most convincing fake), the court has found in favor of EA on all counts - and has ordered several (if not all) of Tim Langdell's trademarks canceled.
[blockquote]The parties having stipulated to the disposition of the claims in this action, FINAL JUDGMENT IS HEREBY ENTERED in favor of Defendant and Counterclaimant Electronic Arts Inc. ("EA") and Counterclaimant and Counter-Counterdefendant EA Digital Illusions CE AB ("DICE"), and against Plaintiff, Counterdefendant, and Counter Counterclaimant Edge Games, Inc. and Counterdefendant The Edge Interactive Media, Inc., on all claims, counterclaims, and counter-counterclaims, with the exception of the Sixth Claim for Relief (Declaratory Relief) in the Counterclaim asserted by Counterclaimants EA and EA DICE, which is dismissed without prejudice in accordance with the parties' stipulation.
Pursuant to Section 37 of the Lanham Act, 15 U.S.C. § 1119, the Commissioner of Patents and Trademarks and the Assistant Commissioner for Trademarks are hereby ordered to cancel U.S. Trademark Registration Nos. 2,219,837; 2,251,584; 3,105,816; 3,559,342; and 3,381,826. The Clerk of the Court is further directed to certify a copy of this Final Judgment to the Commissioner of the Patent and Trademark Office.
Each party shall bear its owns costs and fees in this matter.
IT IS SO ORDERED.[/blockquote]
Legalspeak aside, it seems pretty straightforward to me. It isn't clear whether this cancels all of Langdell's trademarks or merely the offending ones, but it seems that the name "Edge" may once again be up for grabs.
Coincidentally, earlier today we reported that Mobigame's David Papazian had said [http://www.escapistmagazine.com/news/view/104138-Mobigame-Langdell-Legal-Battle-Just-Getting-Started] that Langdell would remain a threat until his trademarks were canceled. Perhaps he spoke too soon.
(Thanks to Martin Piper for sending this in!)
Update/Correction: Some of our more legal-savvy readers have helpfully explained what this proposed final judgment is - it is a document submitted to the court (in this case, via EA's lawyers) to request an actual final judgment.
Given that the judge has not signed off on this yet, the court has not yet filed for Langdell's trademarks to be dismissed - sorry to get people's hopes up. However, given that both EA's and Edge's attorneys have apparently agreed to this, I am told that it is likely that it will be accepted.
Law is confusing. Thanks Starke and Mick West for the clarification.
Permalink
