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A Final Address to the VAK Lawsuit Crap

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PenguinPWNR is not online. PenguinPWNR
Joined: 30 Nov 2010
Total Posts: 2868
31 Jan 2013 04:38 PM
It's not going to happen, it's impossible.

First, you need to understand some fundamental things about trademark law in the US and internationally.

[1] Purpose
Trademark's exist to protect the consumer from confusion in the market place. This is so that Donkeyo4 doesn't open up a burger joint down the street and call it McDonalds, and I go there expecting a real McDonalds burger and am essentially sold something under false pretenses.

[2] Geographical constraints
All trademark's are national at most, much unlike copyrights (which hold water internationally, per limited treaties). In the US, you have Trademarks by state/region, and Federal 'registered' trademarks.

[3] Obtaining a trademark
A registered Trademark is *very* expensive to obtain. We're talking thousands of dollars between legal and court fees. In order to obtain a Federal trademark you have to go through crazy-ass court procedures and surveys to prove that what you're trademarking has national recognition and is exclusive to you in your industry. A non registered (local) trademark is similar to a copyright in that it doesn't have to be registered, it's existence is based on several factors.

[4] Trademark litigation
For both non registered and registered trademarks, in order to litigate them you have to show that your trademark is still in use and is still relevant. Equally as essential, you have to prove that the other entity is causing confusion that it harming the consumer as well as you.

I'll defer to the law dictionary on my bookshelf. Barons Law Dictionary, Fifth Edition (2003)

TRADEMARK - any word, name, symbol, or device used by a manufacturer or merchant to identify his or her goods and to distinguish them from good manufactured or sold by others. The basis for trademark law lies in the tort of unfair competition, under which a seller using a mark similar to one already in use could be liable for the buyer's likely confusion between two products or services to to all of the seller's efforts considered as a whole.

[5] Closing remarks
The Vaktovian Empire is not a legal entity, it is the name for a fictitious group on a gaming site. The little twerp who wasted some money filing for a trademark is wasting his time. He cannot prove that he has any brand recognition (he doesn't), and even if he could sue Vaktus or ROBLOX over the Vaktovian Empire it would fail because very quickly it would come to light that the Vaktovian Empire has been around since before this turd filed his application (which, btw, hasn't and won't be granted).

so there.

-LinuxMint
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rossb654mail is not online. rossb654mail
Joined: 12 Oct 2009
Total Posts: 11004
31 Jan 2013 04:42 PM
OWNED.

~Buy tech from me, receive bacon.~
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Zach1102 is not online. Zach1102
Joined: 20 Aug 2010
Total Posts: 48576
31 Jan 2013 04:42 PM
Runite failed, we all know this.


His imaginary company will never get off.


Thanks for clearing this up!
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solong66 is not online. solong66
Joined: 27 May 2009
Total Posts: 5245
31 Jan 2013 04:43 PM
I was going to say some nasty things towards you.

Until I noticed this thread was actually relevant.

Props to you.
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KingXulq is not online. KingXulq
Joined: 01 Jan 2013
Total Posts: 9104
31 Jan 2013 04:49 PM
I've been saying this.
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PenguinPWNR is not online. PenguinPWNR
Joined: 30 Nov 2010
Total Posts: 2868
31 Jan 2013 04:50 PM
@Solong I did go on a bit long.

It's so well written that most people would think it was copied and pasted at first, if I may toot my own horn. xD
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hydrodash is not online. hydrodash
Joined: 01 Oct 2010
Total Posts: 9759
31 Jan 2013 04:51 PM
Well done for taking your time to do this.
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hydrodash is not online. hydrodash
Joined: 01 Oct 2010
Total Posts: 9759
31 Jan 2013 04:51 PM
i choose u bidoof1111
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LordHyx is not online. LordHyx
Joined: 23 Nov 2012
Total Posts: 5733
31 Jan 2013 04:54 PM
Oh good, another C&Ger that understands the digital millennium copyright act.
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PenguinPWNR is not online. PenguinPWNR
Joined: 30 Nov 2010
Total Posts: 2868
31 Jan 2013 04:58 PM
@LordHyx I'm actually not very familiar with the DMCA, except for as it relates to criminal charges for a previously civil offense and it's provisions for DRM.
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piepiechris is not online. piepiechris
Joined: 11 Jul 2009
Total Posts: 4502
31 Jan 2013 05:00 PM
I think something is burning..

#imsoswag
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Delta15038 is not online. Delta15038
Joined: 12 Feb 2009
Total Posts: 4296
31 Jan 2013 05:14 PM

VAK is based off of Killzone's Helghast.

Disagree with me? Here's several points I'd like to make out:

>Google "Elite Shock Trooper from Killzone 3", you'll find that their armor is the exact same as VAK's normal armor.
>Leader's name for both the Helghast and VAK are "Autarch"
>Logo for VAK is the exact same as the Helghast logo from Killzone 2. Google it. In fact, it's the same exact logo as Colonel Mael Radec's level 300 background from Playstation All Stars: Battle Royale

I'm not on any one side of this whole debate, but I do wish to show the main points why one would think they are similar.
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PenguinPWNR is not online. PenguinPWNR
Joined: 30 Nov 2010
Total Posts: 2868
31 Jan 2013 05:26 PM
@Delta There's a slight chance that the creator of that video game would be able to get the name taken down, but certainly not the idiot who filed for the trademark.

Going back to the fact that the Vaktovian Empire is not a business or product name, the lawsuit there would also hold no water. That image that ROBLOX's Vaktovian Empire has as their logo is copyrighted, but probably would not be considered a trademark due to its use. I'm not sure if using it would constitute infringement, or if it would fall under fair use. "Fair use" laws are very vague and complicated.

At any rate, that video game would probably not want to sue ROBLOX or Vaktus for copyright infringement, as they probably see it as benefiting their business/brand recognition.

Oh, btw, I forgot to mention this. That kid's lawsuit also wouldn't work because he's in a different industry (in his fake business).
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LordHyx is not online. LordHyx
Joined: 23 Nov 2012
Total Posts: 5733
31 Jan 2013 05:27 PM
Penguin,

If Vaktovia claims to be parody of Killzone then they're protected under fair use.
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PenguinPWNR is not online. PenguinPWNR
Joined: 30 Nov 2010
Total Posts: 2868
31 Jan 2013 05:33 PM
@LordHyx Interesting, thank you. I need to brush up on my understanding of fair use laws a little more, it's been a long time.

I heard from a copyright attorney friend of mine that there was a clothing company named "South Butt" that was made to mock North Face, and their claim that it was a parody didn't hold up in court. Not sure of the exact details, I heard about it years ago...
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Pryovin is not online. Pryovin
Joined: 21 Jan 2010
Total Posts: 31404
31 Jan 2013 05:33 PM
[ Content Deleted ]
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PenguinPWNR is not online. PenguinPWNR
Joined: 30 Nov 2010
Total Posts: 2868
31 Jan 2013 05:35 PM
@Pryovin Send me a link to a thread that addresses this on the same level and I'll concede that this is old.

Also, this tread was written quite a few minutes ago, it keeps getting replies every few minutes.
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Delta15038 is not online. Delta15038
Joined: 12 Feb 2009
Total Posts: 4296
31 Jan 2013 05:55 PM

I'm not too knowledgable of copright laws, but I do see your point.
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Delta15038 is not online. Delta15038
Joined: 12 Feb 2009
Total Posts: 4296
31 Jan 2013 05:55 PM
copyright*
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PureskillNoluck12 is not online. PureskillNoluck12
Joined: 30 Jul 2012
Total Posts: 3708
31 Jan 2013 05:58 PM
PWNED
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PenguinPWNR is not online. PenguinPWNR
Joined: 30 Nov 2010
Total Posts: 2868
01 Feb 2013 01:54 PM
Because I wasted so much of my virtual breath on this, I'm going to bump it so that more people will read it and it won't be as wasted. (Authored this thread yesterday).
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adpunk4445 is not online. adpunk4445
Joined: 13 Oct 2010
Total Posts: 10606
01 Feb 2013 02:02 PM
penguin

you're honestly gaining respect from me with every breath you take
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PenguinPWNR is not online. PenguinPWNR
Joined: 30 Nov 2010
Total Posts: 2868
01 Feb 2013 02:05 PM
Awesome.
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discreetcoolpizza is not online. discreetcoolpizza
Joined: 09 May 2010
Total Posts: 2331
01 Feb 2013 02:11 PM
tl;dr

Making WIJ uniform remake. http://imgur.com/JSU47kQ
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PenguinPWNR is not online. PenguinPWNR
Joined: 30 Nov 2010
Total Posts: 2868
01 Feb 2013 02:17 PM
@Discreet Oh, hmm, I'm sure everyone who reads that it was too long, and you didn't care will be so enriched by knowing that.

/sarcasm
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