Atari filed suit yesterday against StateFarm for their blatant IP theft of Crystal Castles in their Gamerhood ad series.

[roots.genoa]

Let alone the fact that this sample is not really representative, since the poll was posted outside of AtariAge, it encouraged people who would vote yes, or at least the "strongest" answers (hence "1", "1", and "0" for the others).

[+Living Room Arcade]

2 hours ago, Razzie.P said:

That a "vote early and vote often" kind of thing?

I see what you mean.  That's not right.

[+Living Room Arcade]

Sorry, everybody, my first time using this poll generator.  

 

Here are the correct results, I think.  (Limit 1 vote per person.)  

 

Is Atari right to sue State Farm?

• Yes, definitely
• Yes, pretty sure
• Undecided or neutral response
• No, pretty sure
• No, definitely

9 votes from 9 voters in 8 days

 

SUMMARY: 5 people said Yes and 4 people said No.  The aye's have it (but just barely)!  

 

Thank you, everybody, who participated in this poll!  

[roots.genoa]

Then it's even more irrelevant... As I suspected, my post wasn't completely clear, so I'm gonna rephrase it slightly:

 

Since the poll was posted outside of AtariAge, it encouraged the most passionate people who would strongly vote yes or no (hence "1", "1", and "0" for the others),

...

let alone the fact that this sample is not really representative.

 

Any statistician would tell you that:

• you need way more votes to get a result that can be interpreted either way
• the difference between the yes and the no, especially since you only have 9 votes, is not significant enough to make any conclusions

Anyway, like I told you in PM, don't worry since most (if not all) polls on AtariAge have the same problem. 🙂

[MrBeefy]

On 4/3/2024 at 8:03 AM, jeremiahjt said:

Considering lawyers from State Farm presumably signed off on State Farm's marketing department's decision, and lawyers from Atari still thought filing a suit was appropriate, it seems to me that the "qualified" people do not all agree on this topic either.  Also considering how many opinions from laypeople can be found in this thread, at least one of them statistically is probably right.  Double also, as somebody who is not a lawyer, nor will ever be a lawyer, I can give my opinion on any legal matter I darn well feel like it.  Could it be wrong, sure. Could it be right, also sure.  Could it be somewhere in the middle, maybe most likely.  But lawyers do not have some control over the opinions of people regarding legal matters.  Anybody can read a law, a ruling, a suit, etc., and make their own determination based on their ability to comprehend what they are reading.

I thought we call those laypeople jurors?

 

On 4/5/2024 at 5:46 AM, roots.genoa said:

Then it's even more irrelevant... As I suspected, my post wasn't completely clear, so I'm gonna rephrase it slightly:

 

Since the poll was posted outside of AtariAge, it encouraged the most passionate people who would strongly vote yes or no (hence "1", "1", and "0" for the others),

...

let alone the fact that this sample is not really representative.

 

Any statistician would tell you that:

• you need way more votes to get a result that can be interpreted either way
• the difference between the yes and the no, especially since you only have 9 votes, is not significant enough to make any conclusions

Anyway, like I told you in PM, don't worry since most (if not all) polls on AtariAge have the same problem. 🙂

Yeah pos and sample size are issues. Not to mention people not wanting to vote like myself. If I did I would have been a turd and said, No.

 

I think the question is an important factor. Does Atari have a right to sue? is different than do you think they will win?

 

My answer is that I think they can sue, but that they won't win. Which I don't think many here think they don't have a right to sue.

 

*As a side note, did Atari ever sue the show, the West Wing? I was watching and they walked passed a Cemtipede arcade cab in a bar that was fully visible and on iirc.

 

🤪 BLATANT THEFT!!!!!

Edited April 7 by MrBeefy

[PowerDubs]

Big difference between an arcade machine in the background...unrelated to the show.....VS an arcade machine featured as the focus- in an advertisement specifically marketed to gamers / streamers.

 

But yea...there have been numerous IP court cases about background items on shows / ads.  A guy wearing a pair of sunglasses as example- without the permission of the sunglass maker.

 

Your tagline should say blatant ignorance / trolling.

 

 

[+x=usr(1536)]

1 hour ago, PowerDubs said:

Big difference between an arcade machine in the background...unrelated to the show.....VS an arcade machine featured as the focus- in an advertisement specifically marketed to gamers / streamers.

 

But yea...there have been numerous IP court cases about background items on shows / ads.  A guy wearing a pair of sunglasses as example- without the permission of the sunglass maker.

 

Your tagline should say blatant ignorance / trolling.

 

Let me get VWOA on the line real quick; there's a guy out there who got in over his head with a Phaeton and kept posting pictures of his failed attempts at resurrecting it on the Internet.  You could even see the car in some of the pictures!  SUE HIM!  SUE HIM, I SAY!  FOR THE HONOUR OF THE VOLKSWAGEN GROUP, SUE HIM INTO OBLIVION!!!

[PowerDubs]

How pathetic... you search the internet trying to find something to troll me with, and only accomplish to embarrass yourself by doing so.

 

The 4 Phaetons in my family have all been wonderful cars...nothing of a failure whatsoever...and likely far nicer cars than you'll ever own.

 

 

[+GoldLeader]

9 minutes ago, PowerDubs said:

How pathetic... you search the internet trying to find something to troll me with, and only accomplish to embarrass yourself by doing so.

 

The 4 Phaetons in my family have all been wonderful cars...nothing of a failure whatsoever...and likely far nicer cars than you'll ever own.

 

 

Did Volkswagen tell you to say that?

 

 

 

(You're right though...IMHO,  More modern VWs are largely not good,  but the Phaetons are Great!  I also fondly remember Sciroccos,  though I wish they were built better...And they had another couple of standouts actually;  Knew a guy with a Corrado that was pretty neat and BITD my family had a couple of old Bugs)

[MrBeefy]

6 hours ago, PowerDubs said:

Big difference between an arcade machine in the background...unrelated to the show.....VS an arcade machine featured as the focus- in an advertisement specifically marketed to gamers / streamers.

 

But yea...there have been numerous IP court cases about background items on shows / ads.  A guy wearing a pair of sunglasses as example- without the permission of the sunglass maker.

 

Your tagline should say blatant ignorance / trolling.

 

 

And in what way was this game featured in the commercial?

 

Was it played? Did they mention the name?

 

[+x=usr(1536)]

3 hours ago, PowerDubs said:

How pathetic... you search the internet trying to find something to troll me with, and only accomplish to embarrass yourself by doing so.

Actually, I didn't have to search.  I was there on that forum (still am, as it happens) when you were being similarly douchebaggy about them and received much the same reception there as you did here.  Perhaps there's some sort of common denominator at play.  Don't think a research grant is required to figure this one out.

3 hours ago, PowerDubs said:

The 4 Phaetons in my family have all been wonderful cars...nothing of a failure whatsoever...and likely far nicer cars than you'll ever own.

Oh, I have absolutely nothing against Phaetons; my father owned one and it was an excellent car.  I'm also familiar with what it took to maintain it properly because I inherited the bills along with the car.  And hey, there's one thing you can do with yours that we couldn't - you can drive it while listening to your favourite tunes on your speakerhat!  Yeah!  If only the speakerhat had existed when he'd had his!

[+Stephen]

3 hours ago, PowerDubs said:

and likely far nicer cars than you'll ever own

Wow - look at you flexing your internet dick.  Did you manage to buy those awesome cars with all your Atari stock dividends?

[+x=usr(1536)]

Just now, Stephen said:

Wow - look at you flexing your internet dick.  Did you manage to buy those awesome cars with all your Atari stock dividends?

They were originally-expensive, now low-buck cars that hit the market about the time that the 3rd, 4th, or 19th owner figured out that the complexity of the vehicle was outside of their means to fix or maintain. Don't really have a problem with someone taking them on as a project, but the idea that you get what you pay for seemed to totally escape Mr. Dubs' notice.  Money pit and ignored advice hilarity ensued, with just a dash of willful ignorance for local flavour thrown in.

[+x=usr(1536)]

On 4/7/2024 at 2:32 PM, GoldLeader said:

(You're right though...IMHO,  More modern VWs are largely not good,  but the Phaetons are Great!

The only downside to the Phaeton (when new) was that people saw it as an overpriced VW - at least in North America.  Quite honestly, it was every bit as good as the chassis it shared with the Bentley Continental and Flying Spur, and much less likely to attract unwanted attention.  Unfortunately, they had zero resale value after the second owner and ended up spiraling into that special hell reserved for vehicles that were great but just too much for most folks to take on.  They have been somewhat better-debugged (no pun intended) by now by he enthusiast community than they were, though.

On 4/7/2024 at 2:32 PM, GoldLeader said:

I also fondly remember Sciroccos,  though I wish they were built better...And they had another couple of standouts actually;  Knew a guy with a Corrado that was pretty neat and BITD my family had a couple of old Bugs)

The Corrado VR6 was an excellent car, and the Corrado in general was a really good followup to the Scirocco.  I'm a fan of the Mk. 1 Scirocco, and if I can ever find a straight, desert-climate bodyshell that isn't a total rotbox, it's being snagged for a diesel transplant or two that I have in mind (goal: 0-62 in 6 seconds, 60mpg economy).

 

The air-cooled VWs are neat, but, not growing up with a ton of them around where we were, I ended up getting into air-cooled Citroëns instead.  That said, I wouldn't kick a bug (especially a Baja), Thing, Karmann-Ghia, Bus, Van, or Transporter out of bed for eating crackers  

[+Zeptari]

At this point I think we need Top Gear:AtariAge Edition.

[+GoldLeader]

Some time ago,  companies began to team up with movie studios, TV studios, etc. to collaborate and pay each other money to feature products.  Before that I assume it was more incidental.  Product placement wasn't as much of a thing in say, the 70's...

 

Anyway,  I've already said my piece that I think Atari could have (possibly) teamed up with State Farm in some way...Maybe they could have made a deal that in some future racing game,  the billboard could be a State Farm ad,  I don't know, haha...Only that this is bringing Atari more negative publicity if you want my opinion...

 

On the plus side it reminds me of this...

 

 

[+GoldLeader]

9 hours ago, MrBeefy said:

And in what way was this game featured in the commercial?

 

Was it played? Did they mention the name?

 

 

Yeah Jake from State Farm walks up and says, "Man after a long day of all this insurance bullsh*t,  Gonna play me some 'Bitche's Brew!"   But before he pops a quarter in he looks the artwork in front of the cabinet and says, "Jesus Christ! What kind of butt barnacle thought this artwork looked good?   A spastic 2 year old with his hands in the fingerpaints could have done a better job!"  Then he spits on the Atari logo and begins unzipping his khakis...

[+Living Room Arcade]

IF YOU VOTED IN THE POLL, PLEASE READ THIS IMPORTANT NOTICE

 

Guys, about that poll I started.  I have to tell you guys something. 

I didn't know this, but the person who creates the poll can see the IP address of every person who votes.

I deleted the poll.  I did not record the IP addresses.  They're all gone.  

 

Follow the poll link and see that it's gone:

https://take.quiz-maker.com/poll5149934x23C14E15-155

 

Once again, I apologize for this error.  It was unintentional.  The IP addresses were deleted and not stored.  (They're gone.  I don't have them.)  And next time, I'll use the built in Atari Age poll-making tool.  

 

cc: @Albert 

Edited April 8 by Living Room Arcade

[MrBeefy]

6 hours ago, GoldLeader said:

 

Yeah Jake from State Farm walks up and says, "Man after a long day of all this insurance bullsh*t,  Gonna play me some 'Bitche's Brew!"   But before he pops a quarter in he looks the artwork in front of the cabinet and says, "Jesus Christ! What kind of butt barnacle thought this artwork looked good?   A spastic 2 year old with his hands in the fingerpaints could have done a better job!"  Then he spits on the Atari logo and begins unzipping his khakis...

Yeah that sounds like a background prop to me. I wonder if the two year old was jamming out with a speaker hat while painting it?

[duzkiss]

On 3/24/2024 at 5:59 PM, BIGHMW said:

Actually that was "1ON1" ("One On One"), in which was going to be my interview segment I was going to launch later on after the channel picks up speed and draws numbers and a large enough subscriber base to warrant it, as well as most of that other programming.

 

And the plan was for myself to (once again, as i do all of my own stunts) do my voiceover for it with an instrumental version (downloaded off of a YouTube video) of the Hall & Oates' hit "One On One" (hey we ARE an 80s channel after all!) in the background in which inspired me to not only come up with the title, but also, come up with the wallpaper and the title logo as well. nicely done up in the same font as "5200" ("YD Yoonche M") is depicted on Atari's own graphics in "Atari 5200" in 1983 on their literature/on the console/packaging, etc.

 

But knowing how "sue-happy" some people can be, especially Atari nowadays. knowing their namesake is (at this point, still) irrelevant to most people under 40 in this country, this might pass of to them, if they are their intended target audience, as some sort of mere "publicity stunt" used to boost their otherwise sagging name, much like many have accused me of doing by constantly using Cindy Margolis' namesake in order to boost my image and get my namesake out there and get more hits on google and get hopefully get noticed in the mainstream entertainment industry, plain and simple it is an unacceptable practice.

This entire lawsuit does have merit, but I believe the language and case law Atari used is to refined and could have been broader in nature.  Also, by State Farm being aware of this and to seek approval while dismissing that advice showcases a deliberate attempt.  Then by not ceasing and dismissing the entire advertisement ordeal and seeking an advertisement deal with the use of specific trademarks, shows bad faith.  The came the insult to injury...scratching off the name yet using a the same cabinet with the same designer specs and so on.   I've seen lawsuits win on just one phrase or object.  Best advice is to settle this matter out of court through an investment into Atari such as a cash infusion and the continuation of the original advertisement which will suite both parties.  On a side note, yes, Atari loves to sue and has done this since the days of Coleco, but wouldn't you do the same if you R&D is being misused?  Remember it's not free money.  You must answer to shareholders as long as you are listed on an exchange.  Now some of you will say it's R&D from a once bankrupt company and this new Atari is sitting on paid off assets.  This is not true.  They must continue to pay for registration of name, design, update patents or see it slide into public domain.  Again, many companies have pursued lawsuits on less merit and I believe Atari should not allow others to eat at their bones as they are struggling for a footing in the market they helped create and get little credit or respect in and for.

[+x=usr(1536)]

6 hours ago, duzkiss said:

Best advice is to...

 

...read through the entire thread before posting  

 

 

[harmonyFM]

On 3/24/2024 at 2:50 PM, PowerDubs said:

Marketing 'insurance' to gamers- hence 'gamerhood' - on twitch, youtube, terms such as 8-bit...

 

IP is IP.   They don't have a choice, they need to defend IP.

 

The court will do what the court will do.

This is accurate. It’s less about trying to “win” against state farm and more if they don’t contest it then their trademark is diluted. I strongly doubt Atari is looking to seek any damages here and more ensure that the record reflects they own Crystal Castle and will sue if you rip off their IP. Otherwise this could be used as evidence if someone actually rips it off in the future to say “look they haven’t been defending it so long it’s lapsed now” and muddy the waters. It’s especially a concern with a branding this old and obscure.

[MrBeefy]

Here's an update. Happy reading.

gov.uscourts.txnd.387933.25.0.pdf

 

[+GoldLeader]

2 hours ago, MrBeefy said:

Here's an update. Happy reading.

gov.uscourts.txnd.387933.25.0.pdf 855.01 kB · 1 download

 

 

 

Wow!  Who knew the State Farm CEO was a fan of Atari?

 

 

Or that they'd be sending Jake from State Farm over to cook the lawyers from Atari a "home cooked meal'?

 

I hear they're even bandying about words like "Microwave Pizza"!

 

 

 

 

 

 

 

 

 

 

 

Yeah,  Just kidding.   I haven't had time to read it.

 

 

[+bent_pin]

3 hours ago, MrBeefy said:

Here's an update. Happy reading.

gov.uscourts.txnd.387933.25.0.pdf 855.01 kB · 2 downloads