Edge by Mobigame Again Pulled from App Store

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Edge by Mobigame Again Pulled from App Store

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The battle over the use of the word "Edge" doesn't seem to be quite as finished as everyone thought: Edge Games has once again succeeded in having the award-winning iPhone puzzler Edge by Mobigame removed from the App Store.

After a long and highly publicized battle, Mobigame's Edge - rechristened as Edge by Mobigame - was re-released on the App Store in early October. David Papazian of Mobigame celebrated his company's apparent victory over the "discredited" Tim Langdell, while the Edge Games boss was nowhere to be found. It did in fact look very much like good had triumphed over evil.

But like the man said, "Evil will always triumph, because good is dumb." So it is that Edge Games has picked itself up off the ground and clocked Mobigame over the head with a brick, and the game at the center of all this controversy is once again gone from the App Store. Changing its name to Edge by Mobigame, an Edge Games rep said in a statement to Develop, wasn't enough to get around the infringement.

"Clearly, if Sony tried to use the mark 'iPod by Sony' they would hardly expect Apple not to take action to protect their mark 'iPod'," the statement said. "In trademark law adding 'by (name)' to another company's registered trademark does not mean a company can use that trademark without being guilty of willful infringement."

The company also denied assertions that it had demanded a financial settlement from Mobigame. "The fact is that [Mobigame co-founder] Papazian has had an offer on the table since May to settle this dispute by his changing the name of his game and paying Edge Games no money at all," the statement continued. "He has repeatedly refused that very reasonable offer."

While this blow against Mobigame might seem surprising, Edge Games actually signaled that it wasn't prepared to give up the fight earlier in November, when it filed a trademark complaint against Nalim Sharma's iPhone game Killer Edge Racing. The company is also fighting EA's attempts to have its "Edge" trademarks canceled, filing a motion last week to have that petition dismissed and claiming that the recent release of the PC game Racers nullifies the argument that Edge Games hasn't actually put out any games in well over a decade.

Apple had actually asked Mobigame to voluntarily withdraw Edge by Mobigame in mid-November but the studio declined to do so, saying that it believed there was no legal reason for the game to be taken down. Even though it has now been removed, Mobigame indicated it was not interested in any kind of settlement with Edge Games, noting that the removal was not a determination of wrongdoing but rather an action Apple is required to take when it receives a takedown notice. "[Edge] hired a new lawyer to write another letter that has further inaccuracies and Apple had to react - because Apple can't act as judge or jury - and if there is a threat made against it then it shies away from the risk," Mobigame said via email.

Still, Apple's decision seems to have Edge Games feeling pretty good about the future. "At last people are 'getting it' that Edge was in the right from the beginning to ask Mobigame to cease use of the mark 'Edge' and at last it is getting through to people that Edge never did ask Mobigame for money, and is still not asking Mobigame for money," an Edge rep said in a statement. "[There is] zero evidence of Edge ever having acted as 'trademark trolls' as Papazian and his colleagues said in their unfair rumors that fueled the indie developer flame war against Edge."

Stay tuned.

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People are 'getting it'??? They're smoking their own hype over at Langdell's house of trademark trolling, aren't they. Tim is a bully. Best way to deal with a bully is a hard punch in the nose.

Sure, copyright laws are murky waters for the layman (i.e. the most of us), but comparing your near-derelict company (in a sense that it has no projects in the past few years, heck even small-time indie dev houses are more active than them) to APPLE? Refuge in Audacity much?

Bull. Shit.

Bull. Fucking. Shit.

Someone rid the world of Tim Langdell already, seriously. This is getting RIDICULOUS.

Meh, I'd rather see a bit more creativity than an F-Zero clone. I'll just continue my pattern of not buying Edge brand games.

Can't wait to see what's next in this idiocy.

So is Tim Langdell to blame for Edge of Twilight not being out yet?

iPod by Sony?! What the fuck?! iPod is not a real word you dumb fuck! Edge, on the other hand, IS! I really, sincerely hope you'll go to the special circle of hell reserved for trolls, Tim Langdell.

Georgeman:
iPod by Sony?! What the fuck?! iPod is not a real word you dumb fuck! Edge, on the other hand, IS! I really, sincerely hope you'll go to the special circle of hell reserved for trolls, Tim Langdell.

You know what? We should copyright 'The.' Just think of the profits!

i think we should put tim langdell and the guy suing sony/wow/nintendo/microsoft in a room together and see what kind of stupid lawsuit comes out of it.

Malygris:
"Clearly, if Sony tried to use the mark 'iPod by Sony' they would hardly expect Apple not to take action to protect their mark 'iPod'," the statement said. "In trademark law adding 'by (name)' to another company's registered trademark does not mean a company can use that trademark without being guilty of willful infringement."

The man just seems so dim for an evil genius...

-Stranger-:
So is Tim Langdell to blame for Edge of Twilight not being out yet?

He got his claws into FuzzyEyes a few months back. Their game now brandishes the 'Licenced from Edge Games' stain. We tried to warn them, but he got there first and sent the letter of doom and got them to sign an agreement.

This guy is such a jackass. I want to punch him in the face so bad.

roskelld:

-Stranger-:
So is Tim Langdell to blame for Edge of Twilight not being out yet?

He got his claws into FuzzyEyes a few months back. Their game now brandishes the 'Licenced from Edge Games' stain. We tried to warn them, but he got there first and sent the letter of doom and got them to sign an agreement.

Please tell me this is a bad joke...
So what does this mean in the end? Is it still going to come out, or am I fucked until April 27th?

That does it, I'm forming an angry mob and heading over to Tim Langdell's house to show him just how on the "Edge" his ass will be when we hang him high in the town square.

LFM TL Angry Mob run, bring your own pitch forks and torches.

YOU FOOLS!!!!!!

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EVIL ALWAYS FINDS A WAY!

Georgeman:
iPod by Sony?! What the fuck?! iPod is not a real word you dumb fuck! Edge, on the other hand, IS! I really, sincerely hope you'll go to the special circle of hell reserved for trolls, Tim Langdell.

*skims his copy of "The Divine Comedy"*

The 8th Circle of Hell, actually, appropriately called "Fraud". I'm not going to give details but... it's not pretty...

To everyone in this thread, you'll be receiving letters instructing you to cease and desist the use of the word "it's" which is now a registered trademark of Le Douchebag Corporation.

Be sure to buy our new product, iPod Edge from It's.

Someone should copyright "Tim Langdell" and see if it makes his brain explode...

-Stranger-:

roskelld:

-Stranger-:
So is Tim Langdell to blame for Edge of Twilight not being out yet?

He got his claws into FuzzyEyes a few months back. Their game now brandishes the 'Licenced from Edge Games' stain. We tried to warn them, but he got there first and sent the letter of doom and got them to sign an agreement.

Please tell me this is a bad joke...
So what does this mean in the end? Is it still going to come out, or am I fucked until April 27th?

It's still coming out, it just now runs the risk of Langdell trying to pass it off as his own.

http://img.skitch.com/20091201-p4pt43jx2xtpg1igdtwufaqx6s.jpg

I'm pretty sure that in the trademark definitions it states that licensed products don't count towards a companies effort to keep a trademark alive. Langdell seems to have been doing just that for quite some time now.

-Stranger-:

Georgeman:
iPod by Sony?! What the fuck?! iPod is not a real word you dumb fuck! Edge, on the other hand, IS! I really, sincerely hope you'll go to the special circle of hell reserved for trolls, Tim Langdell.

You know what? We should copyright 'The.' Just think of the profits!

While we are on it, we should also copyright "a", "an", "and", "money". Millions, I say!

Vanguard1219:

*skims his copy of "The Divine Comedy"*

The 8th Circle of Hell, actually, appropriately called "Fraud". I'm not going to give details but... it's not pretty...

No pretty places for fugly people.

roskelld:

-Stranger-:

roskelld:

-Stranger-:
So is Tim Langdell to blame for Edge of Twilight not being out yet?

He got his claws into FuzzyEyes a few months back. Their game now brandishes the 'Licenced from Edge Games' stain. We tried to warn them, but he got there first and sent the letter of doom and got them to sign an agreement.

Please tell me this is a bad joke...
So what does this mean in the end? Is it still going to come out, or am I fucked until April 27th?

It's still coming out, it just now runs the risk of Langdell trying to pass it off as his own.

http://img.skitch.com/20091201-p4pt43jx2xtpg1igdtwufaqx6s.jpg

I'm pretty sure that in the trademark definitions it states that licensed products don't count towards a companies effort to keep a trademark alive. Langdell seems to have been doing just that for quite some time now.

Well then I can breathe a sigh of relief. That game looks so original and fantastic. I'd hate to see it go under due to petty copyright complaints.

I got it!

Tim Langdell and that agoraphobic Erik Estavillo...

...
...
...
...
...
...

...are part of a clever Dante's Inferno marketing tactic!

BOW TO EA!

I think we should all send Mr Langdell the following email...

so i herd u liek trademarkz

Will it accomplish anything? Maybe not. Will it be hilarious and at least our own way of getting back at him? Absolutely.

I have to play devil's advocate here and ask: wouldn't it be easier and cheaper for Mobigame to just change the name? They could avoid costly litigation and get their game back in the app store where they can actually make money off of it... and with that money, they could buy some stamps and use them to mail dirty diapers to Tim Langdell. Or put a billboard or two up near his residence or office that says "Tim Langdell is a whiny douche".

This makes me want to make a game called "The Edge: Living on the Edgy Edge of the Edge of Society From Edging Away From Edge-a-Cation."

Also, I'd have the intro screen say "'The Edge' and the Edge name can't be distributed or used by anybody else because I own it all. That's the definition of Edgy right there."

I'll probably need to hide in a hEdge after that. I'll be Edging away from the law.

Edge.

I'm almost surprised you guys didn't use that picture of Langdell so we could once again gander at that grinning douchebag's face one more time.

They should just change the name of the game to "Not Edge"

I'm behind mobigames all the way, seriously if they aren't referring to the company edge and just using the word edge all should be fine, but I know little about the law of these things or Tim Langdell's mindset...

SFR:
This makes me want to make a game called "The Edge: Living on the Edgy Edge of the Edge of Society From Edging Away From Edge-a-Cation."

Also, I'd have the intro screen say "'The Edge' and the Edge name can't be distributed or used by anybody else because I own it all. That's the definition of Edgy right there."

I'll probably need to hide in a hEdge after that. I'll be Edging away from the law.

Edge.

Langdell is watching you.

Malygris:
It did in fact look very much like good had triumphed over evil.

But like the man said, "Evil will always triumph, because good is dumb."

Evil always wins because Good has to play by the rules it makes itself.

"Oh help, I'm being repressed. Sucka."

Samurai Ralan:
They should just change the name of the game to "Not Edge"

Langdell would continue manstruating because it contains the word Edge.

The fall of Western society...

DeadlyYellow:
Meh, I'd rather see a bit more creativity than an F-Zero clone. I'll just continue my pattern of not buying Edge brand games.

Can't wait to see what's next in this idiocy.

F-Zero clone aside, I must admit that it looks... disturbingly... good...

Pfft, I prefer Wipeout anyway. Screw you and your silly trademarks Langdell. You're not getting any of my money, that's for sure.

Who says videogame politics can't be dramatic and exciting?

That smug fuck pisses me off.
I want him to die horrifically just so I don't have to be bothered to hit the "X" button on my browsing tab to avoid reading his bullshit.

According to my recent course on trademark law, both Edge Games and Edge by Mobigames are likely classified as Arbitrary/Fanciful trademarks, meaning they are highly distinctive in that they are only associated with the product by branding. The only way to prove who is right in this case is to show which trademark is more distinctive (which can't be done, it's arbitrary by nature.)

Point of this post: I just took a class on this shit and even I don't have any clue what's gonna happen.

I just hope someone will remember they trademarked the word before Edge Games did, and that they will harass them for a change. (If the trademark office lets you trademark a common word just like that, I wouldn't be surprised if they accidentally let multiple people do it, because it doesn't seem like they're doing their job very well... from my layman's perspective at least.)

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