My 13 year-old son visited Newgrange
with our family. Newgrange is Ireland’s Stonehenge. See http://www.newgrange.com/. Afterwards, he co-developed 3 (under 2 minute) videos and
2 simple online games, and each was titled “New Grange Horror.” The videos are
on Youtube and on Gamejolt. So far, my son has been “paid” $0.23, which can
only be used to purchase games from Gamejolt. The cheapest such game is $.50.
My son’s 15 year-old co-developer
received a two-page letter from counsel for the U.S. owner of the “Grange”
mark. In response to counsel’s letter, my son changed the title of the videos
and games from “New Grange Horror” to “Newgrange Horror,” thus more closely
following the Irish naming convention. Even if the owner of the “Grange” mark could exclude others from using titles with the word “Grange” in it, I suppose
there is little chance that the mark owner could lawfully exclude others from using “Newgrange,”
which is the name of a historic site in Ireland.
I sort of think this was the wrong approach. I think the two
co-developers should have estimated the present value of the future income
stream from “New Grange Horror.” Probably about $1.12 (assuming present value
calculations at 4%). Then the two co-developers should have offered $1.12 to
buy out the “Grange” mark from its current owners. A win-win.
Seth
My prior post: Seth Barrett Tillman, Global Elites, The New Reform Club (Aug. 12, 2016, 6:14 AM)
See also Walter Olson, Teens develop videogames, receive nastygram over their name, Overlawyered (Aug. 18, 2015)
See also Walter Olson, Teens develop videogames, receive nastygram over their name, Overlawyered (Aug. 18, 2015)
4 comments:
Awesome.
I am not sure that the owner of the Grange mark is able to enforce it, depending on how they are using it. But, if you're challenged again, post a comment to my email and I can hunt down someone to help out, I think...
Your method of explaining the whole thing in this post is in fact pleasant, every one be capable of effortlessly be aware of it, Thanks a lot.
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