Intellivision Amico’s trademark changed to ‘abandoned’

[rayik]

17 minutes ago, mr_me said:

Major spending and major company decisions probably involve the board.

No.  That's not how it works.  CEO runs the company.  Also CEO is usually the Chairman of the Board

Edited August 15, 2022 by rayik

[number6]

35 minutes ago, mr_me said:

They have all rights for most of the Intellivision and Atari 2600 cartridge games they own.  With others, they didn't really license the games as far as I know, only the right to develop a new game based on licensed properties e.g. Atari Missile Command, Breakout, etc.   The Imagic games they licensed is a bit of an unknown right now, not sure what's going on with them.

 

Thank you. Just trying to put some facts to the IP licensing talk.

So would the Intellivision packs (example:Evercade) likely have been licensed to Evercade by the current Intellivision?

I'm just not certain of ownership because of Blue Sky Rangers involvement in some of the titles.

 

#6

[MrBeefy]

8 minutes ago, number6 said:

Thank you. Just trying to put some facts to the IP licensing talk.

So would the Intellivision packs (example:Evercade) likely have been licensed to Evercade by the current Intellivision?

I'm just not certain of ownership because of Blue Sky Rangers involvement in some of the titles.

 

#6

Should be the current Intellivision. Supposedly there was a A1Up micro intellivision/TV thing coming out but I don't think it made it.

[mr_me]

16 minutes ago, number6 said:

Thank you. Just trying to put some facts to the IP licensing talk.

So would the Intellivision packs (example:Evercade) likely have been licensed to Evercade by the current Intellivision?

I'm just not certain of ownership because of Blue Sky Rangers involvement in some of the titles.

 

#6

Blue Sky Rangers, formerly Intellivision Productions, sold their video game IP to Intellivision Entertainment a few years ago.  Yes, Intellivision collections for Evercade licensed by Intellivision Entertainment.

Edited August 15, 2022 by mr_me

[number6]

15 minutes ago, mr_me said:

Blue Sky Rangers, formerly Intellivision Productions, sold their video game IP to Intellivision Entertainment a few years ago.  Yes, Intellivision collections for Evercade licensed by Intellivision Entertainment.

I gather you mean "rights", since Blue Sky Rangers still holds trademark for some titles.

 

#6

[number6]

11 minutes ago, number6 said:

I gather you mean "rights", since Blue Sky Rangers still holds trademark for some titles.

 

#6

To clarify: There is an option to "assign" a trademark to another party. If this was done, then uspto surely does not know this, since they sent notice to Blue Sky Rangers to renew or lose their trademarks.

Example for AstroSmash

 

#6

Edited August 15, 2022 by number6
Added reference and link

[Rev]

A parallel universe.

 

Intellivision Amico’s trademark changed to ‘abandoned’ in latest sign it may never release | NeoGAF

[number6]

5 minutes ago, Rev said:

A parallel universe.

 

Intellivision Amico’s trademark changed to ‘abandoned’ in latest sign it may never release | NeoGAF

Now now. That's totally different. Intellivision made the new filing to buy time after the first filing was abandoned.

There is more to that new filing than meets the eye, but that's not my question atm.

 

In the case of Blue Sky Rangers, this is their registered trademark (example above).

The notice is only a few months old, so is requesting current attention. 

And yes trademarks (particularly the holy registered status) are considered IP.

 

#6

[mr_me]

3 hours ago, kevtris said:

They were very careful to NOT call them "games".  They were "physical product" and just a license for a game that may or may not come out.  This way, they can dodge paying fig (hey we didn't sell software) or developers (hey we didn't sell your games) until later, if they ever did turn into a game. 

According to the Republic/Fig revenue share agreement, revenue sharing doesn't happen until the Amico is released.  So, for revenue share investors it doesn't matter what they're called.

 

1 hour ago, number6 said:

I gather you mean "rights", since Blue Sky Rangers still holds trademark for some titles.

 

#6

It's possible.  They did re-issue some Intellivision cartridges not too long ago.  We were told they would have to license those games back from Intellivision Entertainment.

 

This is how it was worded back in 2018.

"The Intellivision name and the Running Man trademarks are in the process of transferring to Intellivision Entertainment, and the game IP will follow fairly soon."

Edited August 15, 2022 by mr_me

[roots.genoa]

I guess it depends on the meaning of the word 'rights', then. But because of the different time zone, looks like this has already been discussed™️. 😔

[number6]

6 hours ago, mr_me said:

It's possible.  They did re-issue some Intellivision cartridges not too long ago.  We were told they would have to license those games back from Intellivision Entertainment.

 

This is how it was worded back in 2018.

"The Intellivision name and the Running Man trademarks are in the process of transferring to Intellivision Entertainment, and the game IP will follow fairly soon."

Yes, and that obviously took place since Intellivision, Running Man, and the combined Intellivision and Running Man are indeed registered trademarks of Intellivision (as we've mentioned before).

So it seems (until proven otherwise) that Intellivision acquired "some" IP from Blue Sky Rangers, but not all.

 

#6

[mr_me]

A company can transfer their IP to another company.  The trademark database doesn't have to be updated, the new owner is still the new owner. Intellivision Productions didn't register most of their game trademarks anyway, the game copyrights would have transferred along with unregistered trademarks.  If you look at the Evercade Intellivision Entertainment collection box you'll see it says copyright Intellivision Entertainment. What IP didn't transfer? 

Edited August 15, 2022 by mr_me

[number6]

8 minutes ago, mr_me said:

A company can transfer their IP to another company.  The trademark database doesn't have to be updated, the new owner is still the new owner. Intellivision Productions didn't register most of their game trademarks anyway, the game copyrights would have transferred along with unregistered trademarks. What IP didn't transfer? 

If the IP was transferred, then please explain why uspto still thinks Blue Sky Rangers owns the trademark.

If they believed (had information in hand) that Intellivision owned the trademark, logically they would have sent the notice to them.

It's been 3 months without any correction sent.

If you are claiming error by uspto, that's fine. But if you read the document, they are "requiring" a statement of use in order for the trademark to remain valid. Now that Astrosmash has been licensed as part of the Evercade collection, such a statement should exist.

Sorry, but I'm not sure what you are getting at here.

 

#6

Edited August 15, 2022 by number6
formatting

[mr_me]

Like I said the Astrosmash copyright belongs to Intellivision Entertainment as indicated on the Evercade packaging.  You can ask the Blue Sky Rangers owner about the trademark, he's also a partner at Intellivision Entertainment.  The other game trademarks aren't even registered.  And the change of company name happened in 2018 prior to the transfer of properties.

Edited August 15, 2022 by mr_me

[Cebus Capucinis]

It may be that they licensed it rather than assigned it. The USPTO requires certain trademark related documents to be recorded in the public database to put third parties on notice as to ownership, existence of liens, and certain other things. However, licenses and sublicenses, to my knowledge (IANA trademark lawyer), are not required to be recorded.

 

You're right in that if the trademarks were actually fully and completely assigned, they'd need to be recorded to be perfected against third party claims. However, the trademarks may still technically be "assigned" without recording, and they'd be fully enforceable vis-a-vis the two parties.

 

While not finding recorded trademark assignments is a bit strange, it's not incredibly uncommon and doesn't *necessarily* mean they weren't assigned.

 

The USPTO recording is like the recorder of deeds for real property records. Frequently, less savvy people don't know they need to record, and sometimes it just gets....forgotten. While it creates a potential problem later, like if a lien got recorded in the interim, it's not something that makes the assignment unenforceable.

[atarifan88]

On 8/14/2022 at 12:54 AM, Rev said:

What is left to do on the Amico punch list to get this thing launched?  
 

What needs added or removed?  

 

1. FCC certifications

2. CE certifications

3. Patent 

4. Operating system 100%
5. Online store 100%

6. Leaderboards 100%

7. Purchase all materials

8. Line up Manufacturing

9. Open new office(s)

10. Line up distributors again

11. Hire new employees

12. ??

How about debug and complete the "expansive" library of games that was claimed to exist?! 🤡

[Flojomojo]

13 hours ago, Razzie.P said:

I can’t find the posts at the moment, but I’ve seen a few mentions on here that some believe IE will deliver units to their youtube guys, but likely not Founders and retail– out curiosity, why do you guys feel that odds are decent that they’ll actually deliver systems to the youtube folk, if you have virtually no faith that it’ll be released?

 

We’ve established that most people feel they can't be trusted to “keep their word,” so that reasoning seems out.

 

If there’s no chance at making it to retail, there’s no point in working toward any sort of advertising from the youtube guys.

 

And the ones I’ve seen have so few views on their channel, it’s not gonna make any sort of impact on a company like Sony, Disney, etc buying them out.

 

And if you guys mean they’re likely gonna skip the smaller “usual” youtube crew, and deliver to the influencers who have millions of followers and such, that seems especially risky because they’re very likely gonna compare it to the Switch or something and it’ll backfire on them.

I don't think those people will get anything either, but many of them seem interested in having a collectible or "a piece of history." Many of them have bailed on their attempts at playing internet influencer and might be left behind. 

 

If Intellivision were to send prototype/alpha units to the remaining Amico YouTubers who are showing continued loyalty:

1. Intellivision could rely on a positive review, sticking to established talking points, as before
2. The recipients would be so grateful to have their one-of-a-kind keepsake
3. Intellivision could rely on having negative/critical comments removed
4. No FCC testing would be required
5. No mass production would be required, avoiding high manufacturing costs
6. It would meet some semblance of requirements for having "released" the thing that took so much government and investment money
7. It would prove the haters wrong! PWNED

 

12 hours ago, kevtris said:

They were very careful to NOT call them "games".  They were "physical product" and just a license for a game that may or may not come out.  This way, they can dodge paying fig (hey we didn't sell software) or developers (hey we didn't sell your games) until later, if they ever did turn into a game. 

 

They have a separate "e-commerce policy" page, which is separate from the "Limited Collector's Boxed Edition" sale page, which itself is separate from their swag shop that sells overpriced T-shirts. The European Shopify link has been broken for over a month, it's almost as if someone forgot to pay the bill. 

 

The e-commerce policy is thick with lawyer-ese, I've never seen anything like it for selling what should be straightforward products. Intellivision says that they might reject your order for any reason, they want you to agree that your "sole remedy" if you don't like them is to stop using them, and of course the disclaimer about the "physical product" that they can't call a game. This is not normal. (and that doesn't make it "cool and unique," either)

 

"Automated order confirmations at the time of purchase does not imply Intellivision has accepted the order nor does it imply a confirmation of Intellivision’s intent to sell. Intellivision has the right to accept or reject orders for any reason, even when an order confirmation and/or receipt has been sent out to you. If we need additional information from you before we accept your order, we will email you at the email provided in your order"

 

"Intellivision reserves the right to make changes to their online sites, terms and conditions, and privacy policy at any given time. To better understand these possible changes, please read through said documents every time you interface with our sites. If you disagree or become dissatisfied with our sites, terms and conditions, and/or privacy policies, you agree that your sole remedy is to discontinue using any Intellivision service including our sites."

 

"You understand that there are NO set dates of when these game titles will be available and that in order to use your RFID digital media card to download each game, you must have an Intellivision Amico and a secure connection to the internet."

 

12 hours ago, Razzie.P said:

Yeah, I was thinking it'd be the prototypes, too.  But why do you think they'd give them out to youtube people instead of hoarding them up themselves, even if it's a couple each?  

The YouTubers are the only friends Intellivision has, and they've probably become a little paranoid: last time they had a a charity auction with some of their limited stuff, one of their outspoken critics bought it just to laugh at them. 

 

11 hours ago, rayik said:

No.  That's not how it works.  CEO runs the company.  Also CEO is usually the Chairman of the Board

As if we can assume anything standard about this lemonade stand of a company! They aren't exactly following Six Sigma over there. 

[atarifan88]

On 8/14/2022 at 1:55 AM, CurlyQ said:

Amico Production Update:

 

It's Go Time!

 

 

Shipping empty boxes are they? 🤡

[MrBeefy]

14 minutes ago, atarifan88 said:

How about debug and complete the "expansive" library of games that was claimed to exist?! 🤡

Speaking of debug if they have fired all their firmware guys they might want to have some on payroll incase the OS messes up.

 

Unless they can guarantee that all games they add later work perfectly.

[number6]

1 hour ago, Cebus Capucinis said:

It may be that they licensed it rather than assigned it. The USPTO requires certain trademark related documents to be recorded in the public database to put third parties on notice as to ownership, existence of liens, and certain other things. However, licenses and sublicenses, to my knowledge (IANA trademark lawyer), are not required to be recorded.

 

You're right in that if the trademarks were actually fully and completely assigned, they'd need to be recorded to be perfected against third party claims. However, the trademarks may still technically be "assigned" without recording, and they'd be fully enforceable vis-a-vis the two parties.

 

While not finding recorded trademark assignments is a bit strange, it's not incredibly uncommon and doesn't *necessarily* mean they weren't assigned.

 

The USPTO recording is like the recorder of deeds for real property records. Frequently, less savvy people don't know they need to record, and sometimes it just gets....forgotten. While it creates a potential problem later, like if a lien got recorded in the interim, it's not something that makes the assignment unenforceable.

The other side of this is that licensing did occur and that should constitute "use", which is required by uspto to preserve the AstroSmash tm. This is all stated clearly in the doc I linked to.

Said licensing was well over a year ago (Evercade volume 1). So regardless of whom you believe has the rights...where is the statement of use filed from either Intellivision or BSR?

 

#6

[MrBeefy]

41 minutes ago, number6 said:

The other side of this is that licensing did occur and that should constitute "use", which is required by uspto to preserve the AstroSmash tm. This is all stated clearly in the doc I linked to.

Said licensing was well over a year ago (Evercade volume 1). So regardless of whom you believe has the rights...where is the statement of use filed from either Intellivision or BSR?

 

#6

Same place as the FCC certs.

 

Sorry couldn't help myself. Carry on....

 

I can't remember where it was from but I was under the impression that IE had rights to all the IPs and not the BSRs anymore.

 

Would there be a statement of use under the old Intellivision name before it was bought?

[Razzie.P]

1 hour ago, atarifan88 said:

Shipping empty boxes are they? 🤡

No, that'd be silly!

 

The box will include a card, a trinket, and a promise that you can add your own console whenever it ships.   It's planned that way to continue the "physical products" theme they started with the "game-but-game-not-included" collection.

 

 

[number6]

15 minutes ago, MrBeefy said:

Same place as the FCC certs.

 

Sorry couldn't help myself. Carry on....

 

I can't remember where it was from but I was under the impression that IE had rights to all the IPs and not the BSRs anymore.

 

Would there be a statement of use under the old Intellivision name before it was bought?

The statement of use is filed after actual "use" in commerce has transpired. Like I said, uspto is asking for this, so they are either confused or have no such record. Again, this was sent to BSR's attorney, not Intellivision's attorney and there is no cc to indicate Intellivision has a copy. And despite what others attempt to convey, a statement of use is public and would be on record if it had been supplied to uspto.

 

#6

[MrBeefy]

More Yankee HoF stuff.

 

[SegaMasterSystemPunk]

27 minutes ago, MrBeefy said:

More Yankee HoF stuff.

 

Tommy will be in the scammer HoF before long!