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EA beats "nuisance litigator" Langdell

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  • 05-10-2010 10:14am
    #1
    Registered Users Posts: 8,405 ✭✭✭


    The full background story is far too long to get into right now but some highlights can be found on the ChaosEdge blog and elsewhere online.

    For those who are partially familiar with the issue, Tim Langdell (or Mobigames Edge fame suing) sued EA over the use of "Edge" in their 2008 title "Mirror's Edge". EA counter-sued challenging each and every one of Langdell's claimed trademarks, all of which are total bull****. Now, the court has denied the motion for injunction. The court ruled that Langdell was "suspect" after his "trolling" of the videogames industry. His "fraudulent" statements to the US patent office could result in "criminal proceedings".

    From here hopefully EA's counter-suit will be next in line and Langdell will finally be able to stop holding devs to random. :D

    Source

    For our mobile users...
    The litigation against EA over the use of the term “Edge” has finally come to a conclusion, IndustryGamers learned in court documents we received today. Tim Langdell, founder of Edge Games, has been on a suing spree over the past several months, and it seems as though he has now failed to win against Electronic Arts.

    EA, who has long sought to get the case thrown out, and said Langdell was deliberately deceiving the USPTO, has successfully done so with today’s ruling. The court has denied Edge Games’ motion for injunction, citing that it believes that Langdell made fraudulent statements to the US Patent and Trademark Office and strongly believes that Langdell is “suspect,” and has been “trolling” the game industry for licensing opportunities. His actions could possibly warrant “criminal penalties.”

    An EA spokesperson told us the company is “pleased with the opinion issued by the court. We hope that this case serves as a milestone in protecting independent developers from nuisance litigation.”

    Of course, we have to applaud the court for using “trolling” in their official ruling.


Comments

  • Registered Users Posts: 19,976 ✭✭✭✭humanji


    lol, what a muppet.


  • Registered Users Posts: 4,879 ✭✭✭Coriolanus


    Of course, we have to applaud the court for using “trolling” in their official ruling.
    lol you have to wonder whether it's usage is the result of the judge losing a bet with his teenage son or something. :D


  • Registered Users Posts: 18,484 ✭✭✭✭Stephen


    The term comes from fishing, which is what I suspect the judge was referring to.


  • Registered Users Posts: 4,879 ✭✭✭Coriolanus


    Stephen wrote: »
    The term comes from fishing, which is what I suspect the judge was referring to.
    I'd never heard that before! Good stuff. :D


  • Registered Users Posts: 8,405 ✭✭✭gizmo


    And in further good news..

    Langdell set to be stripped of 'edge' trademarks.
    A US judge is currently reviewing a proposed final judgement that Edge Games owner Tim Langdell be stripped of the trademarks he has used to assert ownership of the word 'edge.'

    Langdell has used his trademarks to force name-changes and settlements from various game companies who used the word in their product titles, but a US judge last week threw out his attempted injunction against EA for its Mirror's Edge franchise.

    A further case followed, regarding Langdell's apparently falsified evidence when applying for his various edge-related trademarks.

    The former IGDA board member had submitted doctored Edge magazine covers, comic books and game box art to support his claimed rights to the common-language word. EA had presented the fake images as part of its counter-claim against Langdell.

    EA attorneys yesterday submitted a proposed final judgement to the same Californian federal judge as in the injunction ruling, William Alsup, stating that Langdell's trademarks should be removed, and now await his sign off.

    According to court documents seen by GamesIndustry.biz, Edge Games' attorneys have since signed the proposal, which includes a clause that agreeing to it does not "constitute a concession or admission of, or evidence of, any fault or wrongdoing by any party."

    "The undersigned judge is reviewing the parties' stipulation," states the last released court document.

    Reads the proposal, "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."

    These are for 'edge', 'cutting edge', 'edge' again, 'the edge' and 'gamer's edge' respectively.

    EA, however, looks to have dropped claims for any relief beyond the trademark cancellations, while the mutually-signed proposed judgement also states that "each party shall bear its owns costs and fees in this matter" - meaning Langdell would not cover EA's legal expenses.

    Langdell may yet be subject to criminal or civil action for his allegedly fraudulent USPTO applications, as well as reparation attempts from those developers he threatened. Action against him in other countries is also possible.

    Commented David Pazazian of Mobigame, whose iPhone title EDGE was pulled from the App Store and forced to change its name, commented that "I am glad it is now over (in the USA at least) and we have been proved right. Thanks must go to EA for taking the matter on and finally obtaining a decision from a court that supports what most of us already knew."

    "We are moving on now, looking at new platforms for the game and we are also excited about our next game which is nearly ready for release."

    Added Alex Chapman, a partner at Mobigame's laweyer Sheridans, "this is excellent news and completely vindicates that stand taken by all those involved.

    "For our part that includes Mobigame and David Papazian and the community who have worked behind the scenes to gather the evidence that ultimately helped lead to what we always felt should be an inevitable conclusion.

    "Of course we can't speak for EA but I think this also goes to show how big companies can really help the little guys - and I think all those supporting Mobigame and the others affected by these matter owe EA a debt of gratitude."

    Word on Judge Alsup's final sign-off has yet to be released as of this morning, but appears to be a foregone conclusion at this stage.

    woop! :D


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  • Closed Accounts Posts: 16,339 ✭✭✭✭tman


    Never thought I'd see the day that I'd be happy to see EA win a court case:eek:


  • Registered Users Posts: 4,879 ✭✭✭Coriolanus


    Yeah, my past-self is screaming at me that it's all just some kind of trick. :D


  • Registered Users Posts: 18,484 ✭✭✭✭Stephen


    Hopefully this means its open season on this asshole now, and he gets sued into the stone age for all the scams he's pulled in the past.


  • Registered Users Posts: 1,481 ✭✭✭satchmo


    It's about time, what an idiot.


  • Moderators, Technology & Internet Moderators Posts: 17,134 Mod ✭✭✭✭cherryghost


    Thats bull. I trademarked Edge. I also trademarked boards.ie, IGN, Gamespot and Radio Telifis Eireann.


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  • Registered Users Posts: 8,405 ✭✭✭gizmo


    It's finally over. Langdell has lost his ridiculous trademarks!
    "Nuisance litigator" Timothy Langdell has been stripped of his 'edge', 'cutting edge' and 'gamer's edge' trademarks after a legal battle with EA.

    Langdell will cover only his legal costs and pay no damages. However, he must write to all the companies he's brought legal action against over the years and tell them he no longer holds those edge trademarks.

    And he must do so by Friday, reports GamesIndustry.biz.

    Past victims could seek reparations for name-changes, halted development and legal costs incurred.

    We've reached out to Edge Games for comment.

    EA is nonplussed: "We're pleased that we've reached a settlement and can put this behind us," a spokesperson said in a statement.

    "This settlement goes a long way in protecting the rights of independent developers."

    David Papazian, CEO of Mobigame - a company whose Edge iPhone game was targeted by Langdell, predicted something like this would happen. Eurogamer was told that Langdell's initial loss to EA, in which a judge denied his injunction, was "just the beginning".

    Seven months ago, Timothy Langdell's Edge Games told Eurogamer it was "completely confident" of a victory against EA in the courthouse. EA became involved when Mirror's Edge was targeted by Langdell's firm.

    Incidentally, if you've had run-ins with Langdell and can now talk, then we urge you to come forward and do so.

    Langdell loses his Edge trademarks

    success.jpg


  • Registered Users Posts: 4,067 ✭✭✭Gunmonkey


    Love how he has to write to everyone he gave s**t to for using Edge over the years and say he cant do it anymore. And that they can then sue him :D

    Oh karma, just when I thought you had abandoned us all, you go and do this!!


  • Registered Users Posts: 7,383 ✭✭✭Dave_The_Sheep


    It's nice alright, I hadn't heard of this chap before I saw this thread, but after doing an hour or so's reading, I'm delighted that this chap lost "his trademarks". It'd be delightful if all those people he's had a go at over the years come back to give him a good kicking in court.


  • Registered Users Posts: 8,405 ✭✭✭gizmo


    And the final nail in this hilarious coffin...

    "Unethical" Langdell booted from IGDA
    Infamous litigator Timothy Langdell has been booted from the International Game Developer Association for "lack of integrity" and "unethical behaviour".

    Langdell resigned from the IGDA board of directors last August, having only secured his seat months earlier in March.

    "The Board of Directors today voted to remove Tim Langdell from IGDA membership pursuant to our by laws Article III. Section 6 (b), which states that any member may be removed from membership if the member has demonstrated a lack of integrity or unethical behaviour, as determined by the Board of Directors," wrote IGDA chair Brian Robbins on the official blog.

    Langdell's removal from the IGDA coincides with his courtroom loss to EA, which resulted in his cherished "edge" trademarks being stripped from him.

    Timothy Langdell and his company Edge Games are best known for bringing about legal action on anyone using the word "edge" in relation to videogames. Future Publishing was targeted for the title of well-regarded magazine Edge; but the turning point was Langdell's pursuit of mobigame's Edge iPhone game and EA's Mirror's Edge.

    Mobigame began an internet crusade against Langdell and publicised his questionable correspondence, and EA went on to bring the house down - turning the tables from courtroom prey to courtroom predator.

    Eurogamer blew the Langdell saga wide open with Simon Parkin's thorough investigation of Langdell versus Mobigame last year.

    A US court gave Langdell until today to phone companies he had previously harassed to tell them he no longer holds the edge trademark. What the repercussions will be, we do not know.

    Incidentally, Eurogamer continues to reach out to Timothy Langdell for comment. But I have a feeling we might not hear back this time.

    It's what most of us wanted when all of this started and he was still a Board member but glad to see it's finally happened.


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