Games Workshop Bullies Author Over Use of the Words 'Space Marine'

New submitter jzoetewey writes "An author I know (MCA Hogarth) recently had her book Spots the Space Marine taken off Amazon because Games Workshop claimed it violated their trademark. The interesting thing? Their trademark doesn't include ebooks or novels. Unfortunately, she doesn't have the money to fight them. Plus, the idea of a space marine was around long before they were: 'In their last email to me, Games Workshop stated that they believe that their recent entrée 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.' Cory Doctorow at Boing Boing also made this important point: 'Amazon didn't have to honor the takedown notice. Takedown notices are a copyright thing, a creature of the Digital Millennium Copyright Act. They don't apply to trademark claims. This is Amazon taking voluntary steps that are in no way required in law.'"

Comments

Re:It is still on Amazon

[Mastacheata87]

This is about the eBook edition. The Paperback is obviously still available and it would seem to me that the trademark is not applicable there.

John Scalzi Blog

[Anonymous Coward]

John Scalzi (president of the Science Fiction and Fantasy Writers of America and author of Old Man's War) did a blog post on this also.
http://whatever.scalzi.com/

Re:John Scalzi Blog

[Sperbels]

Thanks for the link. This will take you to the specific blog entry: http://whatever.scalzi.com/2013/02/06/space-marines-and-the-battle-of-tradem-ark/

Re:Quick, someone trademark the term "Time Machine

[H0p313ss]

Also relevant:

https://en.wikipedia.org/wiki/Space_marine#History

Read it quick before Games Workshop defaces the page!

I was going to say exactly the same thing, so rather than being completely redundant, here's the first two paragraphs:

The earliest known use of the term "space marine" was by Bob Olsen in his short story "Captain Brink of the Space Marines" (Amazing Stories, Volume 7, Number 8, November 1932), a light-hearted work whose title is a play on the song "Captain Jinks of the Horse Marines", and in which the protagonists were marines of the "Earth Republic Space Navy" on mission to rescue celebrity twins from aliens on Titan. Olsen published a novella sequel four years later, "The Space Marines and the Slavers" (Amazing Stories, Volume 10, Number 13, December 1936), featuring the same characters against Martian space pirates, and using a spaceship with active camouflage.[2]

A more widely known early example was E. E. Smith's Lensman series. While the first story, Triplanetary and most later sequels (Second Stage Lensmen, Children of the Lens and The Vortex Blaster) do not mention them, passing mentions of marines are made in Galactic Patrol[a] (Astounding Stories, September 1937–February 1938) and Gray Lensman[b][c] (Astounding Stories, October 1939–January 1940), and a more direct mention is made in First Lensman (1950): "Dronvire of Rigel Four in the lead, closely followed by Costigan, Northrop, Kinnison the Younger, and a platoon of armed and armored Space Marines!".

1932, really... so 80 years later someone claims copyright on a science fiction concept almost as old as the phrase science fiction? Someone has balls.

File a petition to invalidate.

[dgatwood]

As evidenced by its popular use dating back for nearly a century as seen in this 1936 comic book, by itself, the term "space marine" is a descriptive and generic term that is ineligible for trademark protection, in much the same way that you cannot trademark the term "laptop computer" or "space ship". Whereas this trademark should never have been granted in the first place, the petitioner requests summary judgment in invalidating the errantly issued trademark.

See the USPTO's appeals process page for information about how you can proceed with or without an attorney.

Once the trademark has been invalidated, inform Amazon. They will restore your book, and the entire publishing and software world will rejoice in your space marines' victory over the egregiously evil trademark abuser.

Re:Quick, someone trademark the term "Time Machine

[amicusNYCL]

1932, really... so 80 years later someone claims copyright on a science fiction concept almost as old as the phrase science fiction? Someone has balls.

They're claiming trademark, not copyright, which is why it's so odd that they used the DMCA for this. It's also strange that they would assert it against an author.

Hopefully these links work, I'll provide the serial numbers in case.

The trademark for "SPACE MARINE", serial number 74186534, issued in 1993, covers: 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. Another trademark for "SPACE MARINES", SN 75014487, filed in 1995 by someone else, but abandoned in 1997, did cover "series of science fiction books". It was abandoned in July 1997, then in Sept 1997 Games Workshop filed for "SPACE MARINE" again (SN 75010236), which covered video computer games; computer software for playing games.

So, they don't even own a trademark on the term for any books at all.

Re:Wrong headline

[Umuri]

Shouldn't it read: "Games Workshop commits perjury filing false DMCA take down request."?

perjury is lying under oath.

No, this is just good old fashioned douchebaggery, masquerading under the guise of IP protection.

Actually, DMCA notices are sent under penalty of perjury. So in effect, they ARE under oath. Whoever marked the above as informative needs to read the laws they cower from.