MAME name and logo stolen?

[Hatch]

Reported on www.zophar.net

Emulator News: MAME trademarked by Ultracade CEO
20:44: David R. Foley, the CEO of Ultracade who has no affiliation with MAME whatsoever, has now trademarked the name and logo that has been used by MAME for the past eight years. It has been said that he plans to file suit against the authors of MAME. More on this situation as it develops. More information at the US Patent and Trademark Office website.

If this is real, I don't see how this fellow hopes to do anything other than piss off the classic gaming community. /shrug

[jamcat]

Somebody should try that with Electronic Arts. :)

[Darksol]

Meh.

Once Mame starting going commercial with the arcade cabs the Mame devs should have filed a trademark. The trademark probably would have been around $1000 but between all of them it wouldn't be that expensive.

Anyway, they have a few days for someone to object to the trademark application.

Also note the party is trying to get a trademark, not a patent. The trademark means they want to own the Mame name, artwork, and graphic. I am so sick and tired of people confusing a patent for a trademark. He could never get a patent on Mame due to prior art.

[Darksol]

Even open source projects need to make sure they copyright and trademark everything. It can be expensive, but open source projects are not above anyone when it comes to this sort of thing.

The only way this guy could win is if the Mame team does absoutely nothing and then they can still win later. There are at least a few ways for them to get the trademark assigned to them or this application thrown out.

I am not in the legal field but I don't think there is much to worry about here.

[Nectar]

What this guy is doing is downright criminal. Hopefully Darksol is right and it's really nothing to worry about, but if this SOB actually gets his way, it will be a dark day indeed.

The irony is that if it weren't for MAME, this guy wouldn't be operating.

[yuckymucky]

I highly doubt that his guy is going to win this no matter what he tries to do. I don't think that the MAME devs need to copyright their work mainly because they let people use their art and name on websites..such as mameworld.net..

I have never even heard of Ultracade untill this, but this is not the good way to get publicity for your product.

[Darksol]

Foley says he wants to own the trademark so he can get at people on ebay who are selling cabs with illegal roms because he sells cabs with legal roms. He doesn't need to own the Mame trademark to do that but obviously it would make his life easier. By the time big open source projects get this big they have a backer like the EFF or IBM who will back you legally even though you own the trademark because it affects their business or ideals. The Mame team in turn should own the copyright, trademark , and patents so that even if partness business x Hanaho or Ultracade or whoever wants to sue people for illegal roms dist with arcade cabs or take down ebay listings then they have the blessing of the Mame team which officially has to take the stance that illegals roms are bad. The Mame team would only have to have limited interaction with this process.

[Darksol]

Please note it isn't the end of the world if you haven't registered your trademark or copyright with the USPTO as long as the work is in tangible form ( graphic and document has been created ) and you have proof ( in this case I guess file system dates of the original creation of the files. For this part I know people who would use registered mail to mail the whatever back to themselves as the proof part because then it has been stamped with a postmark ).
But in cases like this registration makes your life a lot easier. This guy is an Australian so having the trademark registered in the US would be invaluable if the guy was going to register it in Australia because your trademark has been registered with a patent office in the US.

Its always easier to be on offense then on defense in a world that will screw you over at every turn.

On a more fun note , copyright lasts for life of the author plus 70 ( used to be 50 until Disney got Congress to extend it ) so anyone who wants access to Shanes RetrogamingRadio graphics better get into a cryo chamber. By then Congress may then extend copyright for eternity to protect people like Disney who have very little creativity anymore.

[yuckymucky]

I don't think that they can get a patent on MAME. I'm sure that the process of emulation has already been patented by a few companies they just can't inforce it because of how huge it would be to try and go after everybody.

[Flare]

Somebody should try that with Electronic Arts. :)
Anybody remembers back in the day when Electronic Arts had its sports lineup named EASN? Then ESPN sued their asses until they changed it to EA Sports.

[Oedipus]

Anybody remembers back in the day when Electronic Arts had its sports lineup named EASN? Then ESPN sued their asses until they changed it to EA Sports.

I remember that logo, it was on Madden 92.

[WorknMan]

Sheesh, I wouldn't think the Ultracade CEO is really that stupid. I mean, it's like SCO - how dumb do you have to be to pick fights with your potential customers?

[Yodaporn]

Wait NM

"....What we are not doing is trying to claim ownership of the M.A.M.E. open source emulator or sue its authors. We are concerned about the commercial marketplace, and not the readers of the many M.A.M.E. user groups and forums. "
read here
http://www.ultracade.com/mame.htm

[Spin]

OK I read this and then searched Ebay for the problem.
I see little problem there.
All the items (currently) are for controls cabinets etc.
They are not loaded with Mame but do infact tell that they will lead you to the holy grail.
This is not a problem.
Thousands of other sights do this same thing too.
This is just a company that choose to produce a product and have problems with the practice of others.

I am NOT condoning the obvious misrepresentation of the bad people.
But I am condemning the actions of Ultracade.
They are not doing anything to help the community (like they say).
If anything they are fanning the flames and will create problems.
At the same time eliminating competition.
Build the best product at the best quality and price and we will come.

Accept that bad people will copy and profit on your hard work.
China replicates everything and produces it cheaper. No royalties no payback and they are embraced by the US daily. (damn you Wal-Mart)

Bully the people that are going to buy your product and you will suffer.
Hotrod and X-arcade both give software too. LEGIT
I agree it’s the right thing to do. But this action does not seem to benefit anyone but Ultracade.

Spin

[Spin]

Does anyone know what came of this?
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76627578
This shows abandoned

From Web page.
words only): MAME MULTIPLE ARCADE MACHINE EMULATOR

Standard Character claim: No

Current Status: Abandoned: Applicant's express request.

Date of Status: 2005-03-14
________

Just wondered.
Apparently I was one of the few disgusted by this.

Spin

[yuckymucky]

The trademark is owned by the MAME devs now. They got all the paperwork and all sent in and had the ultracade guy drop his.

[telengard]

Sorry to necropost, but it's related.
David Foley was arrested...

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/07/10/BA6L18LLG3.DTL

Seems he got busted for doing what he was supposedly trying to prevent by "copyrighting" MAME.

~telengard