Hoping we'll see a YouTuber dig around and show the similarities. And it's not like Iron Maiden (The band) invented the name Iron Maiden, as it dates back to the early 19th century as a torture device.
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And it's not like Iron Maiden (The band) invented the name Iron Maiden, as it dates back to the early 19th century as a torture device.
That's not really relevant. Iron Maiden is a "brand" now, and they have to protect that brand. Google Iron Maiden and you'll see what I mean -- the band comes up long before any torture device.
Having said that, I don't see any similarities between the game and the band.
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Protecting the copyright is entirely understandable (and even, in a sense, necessary), but them saying "incredibly blatant" (when there's no clear similarity in any aspect) just makes them look bad.
I mean, you could argue a vague connection between protagonist names and fonts used for the titles (despite the fact that they didn't seem to mind Shelly in her last 3D Realms game, and the fact that the Ion Maiden font seems to be more of a tribute to Bombshell's font than to Iron Maiden's), but everything else mentioned doesn't seem connected in the least; Consider if it's reasonable to assume Ion Maiden as a sequel to this, for example.
Also, the fact that Iron Maiden is willing to openly admit that they have fans who can't even properly spell their name is just amazing.
Basically, so long as they hadn't included the "incredibly blatant" statement, it would have been an entirely normal example of the farce that is copyright defense, but now it just looks like they're taking themselves way too seriously, in a self-deluded way. Or at the very least, their lawyer is.
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I understand the necessity part of it, but I also just want to put in my two cents that copyright law is f---ing stupid.
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I mean, I've met a few people who do. Usually in a way that cites the initial intent of the laws to protect creators and promote the financial incentives towards creative works. But that usually betrays a misunderstanding of how the laws have morphed over the decades and how the most corrupt groups wield them as a weapon against free expression in our modern technological landscape.
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Maybe the reason Iron Maiden got confused is because neither game seems to have much to do with the band? :P
(I don't play mobile games, so I can't comment on it, but reviews state that it's basically just a reskin of a formula used by previous mobile games Marvel Strike Force, Star Wars: Galaxy of Heroes, and DC Legends; Which doesn't exactly reinforce the idea that the game's design is meaningfully related to Iron Maiden.)
The fact that it's free-to-play and still only managed to mainly get review scores in the 6.5 to 7 range isn't promising, either. On the other hand, apparently the game is filled to the brim with Iron Maiden songs, so it might not be a wasted trip for fans, either.
Another plus is, of course, the wonderful Iron Maiden soundtrack, which for the most part is instrumental. Each of the five worlds contains music culled from a given album(s) just for that world
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i ripped all my cds onto my hard drive so i can play any game with a maiden soundtrack. that game also looks like shit and i'ed rather not have a phone that's narking on me 24/7.
i like to feel its their people and not the band themselves so i can keep them in a good light.
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They have the right to do that, but to be honest, I never heard of this game until now, maybe I'll check it out :)
edit: hell, I'll even put it on my wishlist :)
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Well, I didn't check in the patent office, but I think "Iron Maiden" trademark is registered.
Still, it could be a good marketing, an intentional trick to make the game famous :)
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I'm sure Iron Maiden is registered - but they have used "Ion Maiden" - which, I guess they would not have if the band had not existed, so perhaps there is a case. But still - you'd think they could have dropped them an email requesting a name change before dropping a $2m lawsuit?
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I think that change the game name after an email would bring no profit to 3DRealms.
I think it will end with some agreement, but first, it will make the game famous.
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What might be smarter, is if the band gave them rights to use a track or two in the game - with agreement to explicitly mention "Not sanctioned by the band - but they gave us some music to use, the DLC's of which are available to purchase". Win-win. But yeah, after making that last post, it did occur to me that they may have received and ignored an email already for the publicity. As you say - will probably never get to court.
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Exactly, and yeah, you're right, a track or two would be even smarter :)
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Uhm it's not even like they invented the name, the device was older.
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The issue isn't in the name itself, but rather the trademark behind it. This is just another good example why trademark law is fucking pointless. Video games aren't music groups and vice versa. Trademark infringement suits should be thrown out if the category differs from what the trademark holder actually does. So a band can't sue games, games can't sue fashion brands, fashion brands can't sue culinary brands and so on.
Iron Maiden: Legacy of the Beast isn't Ion Maiden.
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yes, like I can sell a car and name it coca cola. no. trademark is trademark and the owner has the right to protect it. if the owner doesn't protect his own rights, he is silly imo. anyway if necessary, a court will decide.
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can't remember how long it took for the Beatles to land into iTunes. but it was maaany years.
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i'm kinda wondering if this isn't a marketing ploy on both ends.
On both ends? That's not how lawsuits work.
Or are you truly trying to insinuate that there's a conspiracy to issue fraudulent lawsuits between Iron Maiden and 3D Realms?
Advertisement is definitely a consequence of this entire ordeal, but I highly doubt that the mega-successful band, Iron Maiden, are thinking "Hmm, we need players for this outsourced, cheap mobile game that was developed by a company who licensed our trademark. So let's create a frivolous lawsuit in hopes to get people talking about us, regardless of the fact that we literally have tens of millions of followers on all of our social medias"
I think this Reddit-esque conspiracy theory of "Bad decision equals marketing" is a bit presumptuous since marketing's goal is to get attention and they already have it. A small event won't change their marketing if you've got a bigger following than some countries have citizens.
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That's exactly how trademarks work. They're for the specific types of goods that you sell. It's why Apple can be a trademark for computer parts without blocking all grocery stores from selling fruits.
But I'm guessing (and I haven't looked, but their lawyer is incompetent if this isn't the case) that when they made Legacy of the Beast, they registered a trademark on Iron Maiden in the context of video games, since they were moving into that type of product. And if that's the case, they do have a point. After all, trademark law definitely allows Rolex to take action against any companies selling Roolex and Rolek watches.
On the other hand, because an "iron maiden" is a real thing, their trademark is weaker than an entirely invented word like Rolex. Ion Maiden's legal defense will need to prove that they're referring to the torture device and not the band. It'll probably be settled for some undisclosed amount of money (small if they legitimately meant the torture device, larger if they have a bunch of internal emails mentioning the band that would ruin their case if they became evidence). And unless the terms of that settlement include a name change, we'll probably never hear about it again.
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And that's where my opinion basically comes in. Iron Maiden is a band. Iron Maiden: Legacy of the Beast is a video game. One's literally just Iron Maiden and that's the entire name/trademark. It's nonsensical to basically trademark what is 6 words now and go after anyone who might use a sixth of that name.
It's the same thing as with The Elder Scrolls vs. Scrolls. Sure, they've trademarked "The Elder Scrolls" in the video game industry, but that doesn't give them the ownership of the word "Scrolls". "Iron Maiden: Legacy of the Beast" isn't "Iron Maiden". "Ion Maiden" has only one word in common.
I highly doubt they have to prove they're referring to the torture device. All they have to do is claim they're not referring to the band (which is stupid since it's a band, not a video game).
If I trademarked "Basketball Strike: Fall of Titans", I shouldn't be able to go after "Titanfall", "NBA 2Kxx", "Counter-Strike: Global Offensive", "Human: Fall Flat" and others that might have similar elements. That's not how trademarks should work. There's a similarity between "Iron Maiden" and "Ion Maiden", but there isn't a similarity between "Ion Maiden" and "Iron Maiden: Legacy of the Beast".
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Okay, you made me look it up.
http://tsdr.uspto.gov/#caseNumber=88188482&caseType=SERIAL_NO&searchType=statusSearch
They registered it as "Iron Maiden", not the full title of the game. This is quite common. For example, Nintendo (or more likely The Pokemon Company, but that's not really relevant) has a video game trademark on "Pokemon" despite never releasing a game titled "Pokemon."
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Yeah, so it's a stupid fucking law. My point remains. It's a common phrase and you shouldn't be able to trademark names you haven't actually used.
The only thing I made up was my opinion. Read my comment again and hopefully you'll notice these words:
And that's where my opinion basically comes in
I highly doubt
shouldn't
That's not how trademarks should work
I apologize if 1 indication per sentence isn't enough. But I never made factual statements and only gave my opinion.
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The problem is that with what you're suggesting is that it would be impossible to trademark a franchise. Or a clothing brand. Or a line of tools. Or basically anything outside of titles of media. You would have to trademark every single item you're selling individually, and people would be free to sell a "Rolex 3200" because Rolex doesn't have a 3200 model and never trademarked it.
The point of trademarks is not "prevent someone from using the same name as your product". It's "identify the source of goods". That's why trademarks can be single words, logos, phrases, or several other elements, but are also required to have a specific type of product associated with them. When the source of the Iron Maiden video game is the band Iron Maiden, my opinion is that "Iron Maiden" is a perfectly legitimate way to identify them as the source of that game. Additionally, my opinion is that "Iron Maiden" is a much better way to identify them as the source than "Iron Maiden: Legacy of the Beast".
What you're proposing instead creates wild market confusion by allowing any random person to sell, say, "Counter-Strike: Shoot Gabe Newell Edition" because Valve never trademarked that specific name. You're welcome to call that situation better, but...
In conclusion: yes, you are completely right that you have an opinion, and as we all know, opinions cannot be changed under any circumstances because that would make you seem weak. Stay strong! Ignore anyone who questions it! Opinions are inviolate god-given rights and you should never let anyone sway yours!
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The problem is that with what you're suggesting is that it would be impossible to trademark a franchise. Or a clothing brand. Or a line of tools. Or basically anything outside of titles of media. You would have to trademark every single item you're selling individually, and people would be free to sell a "Rolex 3200" because Rolex doesn't have a 3200 model and never trademarked it.
Aye, that's not true and you're misrepresenting what I said.
But whatever, it's unimportant. Points have been said and everything's fine. Thanks for the chat.
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Well those allegations do seem to be stretching it.
Trademark law does vary from place to place, but it does commonly hinge on the question if two things are confusingly similar. I don't see that argument sticking for anyone who looks beyond a first glance.
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I remember last year during the Iron Maiden tour when they were also promoting Legacy of the Beast(not during the concert but online while also promoting the concert). Went to check the game and saw that it has probably the most expensive MTX out there(or at least from the games I checked out)...
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Not really, have seen far worse in terms of mobile gaming. That, and at least they don't need like every permission possible to run. And yes, there are even paid apps with insane MTX and ADS while requiring every permission they can get. Basically, mobile gaming in general is a trainwreck.
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Hope this results in some negative press and backlash for Iron Maiden and whoever oversees their copyright, I'm so tired of this type of stuff... You're exactly right that it is petty and greedy, this isn't even some AAA title, it's a relatively small indie game developed by a small indie studio, and I don't think the publisher 3D Realms is that large either. And if you look at the band's mobile game and compare the two you'll quickly see they are in no way similar. None of their claims hold any actual weight, it's a 100% greed greed greed decision.
The fact that the band has a F2P timesink mobile game that's apparently chock-full of in-app purchases and the standard manipulative loot RNG and wait times, which they target towards their fans, should tell you where their team's morals are to be honest.
I very much doubt they actually feel infringed on or are seeking the $2 million from the suit, rather they just intend to bully the much smaller 3D Realms into changing their game's name. Can't let them possibly get in the way of ANY of that juicy mobile game $$$--be it in a fair (and natural) way or not.
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i love the group
every day i listen some music but this is just shit . only pure greed wtf .
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I think, that all of you are missing the point... and if so, it means, that their marketing is excellent ;)
I expect the lawsuit to be "privately settled" after a long public brawl... but before any serious court costs are incurred. Most likely, they work in collusion, to get much needed publicity to both of their games. Which is just a very good marketing strategy; business is business, who cares about such things, like truth, in marketing?
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I just saw this news article myself earlier. I wouldn't think it is a publicity stunt as it impacts negatively on the band Iron Maiden. It is however helping that small indie studio.
If I was so inclined, I'd be checking out the indie game and not the Iron Maiden one. lol.
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I hope they lose the trial (Iron Maiden)
Thats just laughable - "demands $2m (£1.58m) in damages". What damages? How low can you sink. I would understand suing them to change the name or something if they feel its related. Are they already running out of money to get into such laughable endeavours?
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It's likely not even the band themselves suing, but their management company looking to protect the property. I can't see Bruce Dickinson, who's worth 115 million by himself, going through all this for a paltry half a mil (assuming he would even get that much).
(But maybe Dave Murray did it, he's only worth 30 million lmao)
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The only thought I had while scrolling through that topic was it would be as stupid to sue Mayanaise for their name being too close to Mayonnaise as it could confuse people who then may be tempted to taste a bite, just in case they would be edible.
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Man, 3D Realms can't seem to catch a break. Seems like they're always getting sued by someone or other.
I like the band, but this lawsuit is just stupid no one is gonna confuse a retro FPS for a heavy metal band. And then as Lugum said they didn't exactly invent the Iron maiden device either.
Edit: wrote them an email to online@ironmaiden.com, not sure if they will see it or if it will change anything, but made me feel better.
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Shelley Harrison is the name of the main character of 3D Realm's last game. It doesn't have anything to do with Iron Maiden.
This is beyond greedy.
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They're only doing this because they know an irrelevant band by now. Lol. How pathetic.
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But you mustn't forget all that money that goes to heart medication, medication that allows them to pee or get a boner, caregivers and last but not least cocaine.
Synopsis: They old.
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All the cast people just waste time and money and only become unhappy.
The person who said it is humanity who is good at making humanity unhappy.┐(´Θ`)┌
I think for 10 seconds.
Will it be advertised? I make a noise!
Will it be advertised? I do not make noise!
Let's say it wasn't quick. This is the only solution that makes both sides happy.(ノΘ`)
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gotta be quick or be dead, to get some piece of mind, trooper.
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Yeah, no support for Iron Maiden here. This won't ruin their trademark status, so it's just unnecessary bullying from what I can see.
People say it's from irrelevance, but sold out tours and millions of dollars per concert disagree here. I don't really know what their goal is. Perhaps they do want to squeeze as much money out of their band as possible.
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in more recent news, Iron Maiden (the band) attempt to sue european museums
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Iron Maiden are suing video game company 3D Realms over the game Ion Maiden, which they describe as an “incredibly blatant” infringement on their trademark.
The lawsuit, which demands $2m (£1.58m) in damages, argues that the game’s title will cause “confusion among consumers”, “is nearly identical to the Iron Maiden trademark in appearance, sound and overall commercial impression”, and “is attempting to trade off on Iron Maiden’s notoriety”.
It argues that the name of the game’s protagonist Shelley Harrison is a play on Iron Maiden bassist Steve Harris, and that a skull icon is similar to the band’s mascot Eddie. It also argues the game is similar to Iron Maiden’s own game Legacy of the Beast and gives examples of fans writing online that they presumed the game was a band tie-in.
3D Realms, who previously developed the Duke Nukem and Max Payne franchises, responded on Twitter, saying they “will review our options once we receive official notice of the lawsuit and will make any necessary decisions at the appropriate time”. The game is still in development, and 3D Realms adds that “everyone continues to work diligently on Ion Maiden to deliver the best possible experience later this year”.
The case follows another recent copyright infringement case in the world of hard rock: in May, Guns N’ Roses sued a Colorado craft brewery over a beer named Guns ‘N’ Rosé.
Source - The Guardian
Kind of like the band Iron Maiden, but this seems a bit petty / greedy?
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