TI99Kitty Posted February 1, 2010 Share Posted February 1, 2010 (edited) You can pretty much consider all these off limits: Big Five Software EA 20th Century Fox Nintendo Coleco I would add Disney and Paramount to that list, as they are companies that have actively pursued legal action people who put up fansites for copyrighted works (in fact, when Paramount made their "Star Trek" site a paysite in the mid-90's, they tried to shut down any fansite that had "Star Trek"-related material on it, and sued many of those sites' administrators). With Coleco, I would think you could just contact the current holder of the trademark to ask permission. Opcode Games has done it, and apparently they are fairly easy to work with, as long as you don't do anything that "damages" their image (like making pornographic versions of Coleco games, for instance). Does anyone know who currently owns the trademarks/copyrights on M Network and Data Age? Specifically I'm wondering about the company names and logos. Thanks for any info... M Network was Mattel's label for porting Intellivision games over to Atari and ColecoVision consoles, so I would assume that the copyright/trademark is owned either by Mattel or INTV. Edited February 1, 2010 by TI99Kitty Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-1932191 Share on other sites More sharing options...
+Cafeman Posted February 13, 2010 Share Posted February 13, 2010 A question for those who might know: What about doing games based on the works of H.G. Wells, or Sir Arthur Conan Doyle, or Jules Verne? Are those "public Domain"? Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-1940622 Share on other sites More sharing options...
mäsäxi Posted July 31, 2010 Share Posted July 31, 2010 (edited) Can someone check if the patent/trademark for pong has expired? It was created on 1972/1973 so i would think the patents/trademarks would be expired by now. Not only that but there was never an "official" verson of pong for the Atari 2600, plus there are probally 1 Million Pong clones out there by now. Not only is it still alive, the current owner even forced Atari Age to remove "Mondo Pong" and "Joustpong" from its store. Hello. Just read this topic and what came to my mind, was that I still remember HOW MANY pong clones were in the market in pong´s golden age. I don´t know if atari or ralph baer sued any pirating company. (just try to count how many there were).... if they did or not, there existed lots of pong clones from numerous manufacturers around the world anyway. Plus all different console versions from same manufacturer. but of course atari´s current copyright holder has the right to stop you giving away/selling your pong clone, even if atari didn´t do that in the seventies. Edited July 31, 2010 by mäsäxi Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2062331 Share on other sites More sharing options...
2600 Nut Posted December 17, 2010 Share Posted December 17, 2010 (edited) Hi there! all Activision stuff is off limits, right? Hm... at least the original binaries. I have never seen them stopping a homebrew though... I guess they probably would, but still there's no reference yet... Greetings, Manuel I have spoken directly with Dan Winters & Munia Morris from Activision with regards to this and they both stated in no uncertain terms that anything Activision considered as infringment on any of their 2600 IP (so this also includes the Imagic games) would promptly be met with a Cease & Desist order from their legal department. -Mic Edited December 17, 2010 by 2600 Nut Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2160246 Share on other sites More sharing options...
Retro Rogue Posted December 19, 2010 Share Posted December 19, 2010 (edited) I have spoken directly with Dan Winters & Munia Morris from Activision with regards to this and they both stated in no uncertain terms that anything Activision considered as infringment on any of their 2600 IP (so this also includes the Imagic games) would promptly be met with a Cease & Desist order from their legal department. -Mic The irony being that most of their 2600 IP were infringements on Atari Coin IP. Hello. Just read this topic and what came to my mind, was that I still remember HOW MANY pong clones were in the market in pong´s golden age. They were unlicensed clones and a lot of them were either shut down, or licensed from Magnavox. I don´t know if atari or ralph baer sued any pirating company. (just try to count how many there were).... Ralph never sued anyone, Magnavox did however. if they did or not, there existed lots of pong clones from numerous manufacturers around the world anyway. Plus all different console versions from same manufacturer. We actually have a listing of everyone licensing from Magnavox in the 70's, it's quite sizeable. but of course atari´s current copyright holder has the right to stop you giving away/selling your pong clone, even if atari didn´t do that in the seventies. The name itself, PONG, is copyrighted and trademarked and still actively used by Atari Interactive. They don't however have the right to stop you from doing a general clone that doesn't make reference to the name. Any such claim on the game itself was lost when the original Atari settled with Magnavox out of court and became a licensee of Magnavox. Magnavox owned the patents for ball and batt games, which have long since expired and there were never any copyrights on the audiovisuals. Edited December 19, 2010 by wgungfu Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2162016 Share on other sites More sharing options...
raindog Posted December 20, 2010 Share Posted December 20, 2010 I have spoken directly with Dan Winters & Munia Morris from Activision with regards to this and they both stated in no uncertain terms that anything Activision considered as infringment on any of their 2600 IP (so this also includes the Imagic games) would promptly be met with a Cease & Desist order from their legal department. Whatever happened to: I'll limit it to trademarks where already "something" happened, not wanting to wake any sleeping dogs... I think a great homebrew is a great homebrew whether it's named "Space Invaders" or "Space Instigators". But to ask permission is to seek denial. Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2162247 Share on other sites More sharing options...
Pong Posted December 22, 2010 Share Posted December 22, 2010 The name itself, PONG, is copyrighted and trademarked and still actively used by Atari Interactive. They don't however have the right to stop you from doing a general clone that doesn't make reference to the name. Any such claim on the game itself was lost when the original Atari settled with Magnavox out of court and became a licensee of Magnavox. Magnavox owned the patents for ball and batt games, which have long since expired and there were never any copyrights on the audiovisuals. So I can make a Pong clone called Prong and live life like nothing happened? Atari/Tengen can't do anything about it? Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2164393 Share on other sites More sharing options...
Retro Rogue Posted December 22, 2010 Share Posted December 22, 2010 The name itself, PONG, is copyrighted and trademarked and still actively used by Atari Interactive. They don't however have the right to stop you from doing a general clone that doesn't make reference to the name. Any such claim on the game itself was lost when the original Atari settled with Magnavox out of court and became a licensee of Magnavox. Magnavox owned the patents for ball and batt games, which have long since expired and there were never any copyrights on the audiovisuals. So I can make a Pong clone called Prong and live life like nothing happened? Atari/Tengen can't do anything about it? Atari/Tengen? Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2164398 Share on other sites More sharing options...
Pong Posted December 22, 2010 Share Posted December 22, 2010 Atari/Tengen? I have no idea why I call Atari by both names. Tengen? The Atari for Nintendo? Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2164714 Share on other sites More sharing options...
Retro Rogue Posted December 22, 2010 Share Posted December 22, 2010 (edited) Atari/Tengen? I have no idea why I call Atari by both names. Tengen? The Atari for Nintendo? Tengen was a division of Atari Games, the coinop Atari (1984-2000). Neither one of which is around anymore or affiliated with the trademarks or copyrights to PONG. That's held by Atari Interactive, a division of Atari SA (formerly Infogrames SA). Edited December 22, 2010 by wgungfu Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2164722 Share on other sites More sharing options...
RevEng Posted January 4, 2011 Share Posted January 4, 2011 (edited) A question for those who might know: What about doing games based on the works of H.G. Wells, or Sir Arthur Conan Doyle, or Jules Verne? Are those "public Domain"? Its nearly a year later, but here's your answer and then some... If a work is in the public domain, then you're usually legally clear to copy the work and/or produce derivative works, including characters, settings, etc. The works you mention are public domain. I say usually, because the "public domain" status of characters and settings is tied to the public domain status of the work containing their first appearance; there are some cases where a later work has slipped into the public domain (due to lack of registration or notice, both of which used to be required for a copyright to be valid) but the work with the original appearance hasn't become public domain. (see the Superman Cartoons of the 40's for one example) The other wrinkle is if a character has changed since their first appearance, you can only make derivative works based on the public domain works, but not on later non-public domain ones. There's definitely some cool stuff in the public domain to work with... You mentioned some classic stories. Project Gutenberg is probably the easiest place to find those. (though being on PG doesn't necessarily mean a work is PD) Wikipedia has a list of films in the public domain, with the original "Night of the Living Dead" being one highlight. Then there's public domain golden age comic books. Lastly, I always thought it would be cool to make a game based on public domain propaganda/public-service films, like Reefer Madness or Duck and Cover. Edited January 4, 2011 by RevEng Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2174531 Share on other sites More sharing options...
Chilly Willy Posted January 4, 2011 Share Posted January 4, 2011 The other wrinkle is if a character has changed since their first appearance, you can only make derivative works based on the public domain works, but not on later non-public domain ones. Good point, and a perfect example is the various Disney movies based on PD characters. Ever notice how Disney changes the story and/or characters just a little? That gives them a copyright on the new character/storyline. Want to do your own Sleeping Beauty game? Fine, just go back to the original source, and don't make changes similar to Disney's. Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2174618 Share on other sites More sharing options...
RevEng Posted January 4, 2011 Share Posted January 4, 2011 Good point, and a perfect example is the various Disney movies based on PD characters. Ever notice how Disney changes the story and/or characters just a little? That gives them a copyright on the new character/storyline. Want to do your own Sleeping Beauty game? Fine, just go back to the original source, and don't make changes similar to Disney's. Nice illustration! Its funny how copyright talk always leads back to Disney, isn't it? Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2174709 Share on other sites More sharing options...
[d2f]Iggy*SJB Posted February 24, 2011 Share Posted February 24, 2011 I would add Disney and Paramount to that list, as they are companies that have actively pursued legal action people who put up fansites for copyrighted works (in fact, when Paramount made their "Star Trek" site a paysite in the mid-90's, they tried to shut down any fansite that had "Star Trek"-related material on it, and sued many of those sites' administrators). Any idea what their stance on "fan fictions" might be? I don't mean to derail the thread, but that kinda hits home. Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2218048 Share on other sites More sharing options...
Chilly Willy Posted February 24, 2011 Share Posted February 24, 2011 Iggy*SJB' date='Wed Feb 23, 2011 8:46 PM' timestamp='1298515580' post='2218048'] I would add Disney and Paramount to that list, as they are companies that have actively pursued legal action people who put up fansites for copyrighted works (in fact, when Paramount made their "Star Trek" site a paysite in the mid-90's, they tried to shut down any fansite that had "Star Trek"-related material on it, and sued many of those sites' administrators). Any idea what their stance on "fan fictions" might be? I don't mean to derail the thread, but that kinda hits home. Check the author guidelines at fanfiction.net - they keep a list of all the companies/authors who get all pissy when you "steal" their characters. Star Trek fanfiction is in something of a resurgence now, and Paramount seems to be fine with it. There's even a bunch of different fan-made shows for Star Trek that airs with Paramount's blessing. Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2218261 Share on other sites More sharing options...
[d2f]Iggy*SJB Posted February 24, 2011 Share Posted February 24, 2011 Awesome resource! Thank you, very much!! If you're into fanfictions, I have two "Battlestar Galactica-Star Trek:Next Generation" crossovers, and am working on a pair of prequel "Galactica" stories. As a side note: I used the original 1978 Battlestar Galactica for the crossover, not the re-imagining. I'll check that site, and see if they allow people to post there. I'm assuming they do. Thanks again! Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2218592 Share on other sites More sharing options...
gorf68 Posted October 16, 2012 Share Posted October 16, 2012 Is there a 'City Bomber' type game for the Vectrex? You know, buildings at the bottom, your fly down the screen getting lower as you drop bombs to destroy the buildings. Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2619384 Share on other sites More sharing options...
gorf68 Posted December 4, 2012 Share Posted December 4, 2012 I was thinking of doing a homage version of Grid Runner on the Vectrex. This was one of my favourite VIC20 games, and I was wondering if ‘The Hairy-Yak One’ takes exception to people doing versions of his games? Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2651621 Share on other sites More sharing options...
Cybergoth Posted September 15, 2013 Author Share Posted September 15, 2013 Added Mario Bros. and Super Mario Bros. to the list. 2 Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2830078 Share on other sites More sharing options...
Wrathchild Posted September 21, 2013 Share Posted September 21, 2013 So can you confirm that doing an A8 port of the 2600 Combat is one to avoid? I'd begun one years ago and would potentially pick it up again in the future. http://atariage.com/forums/topic/108408-2600-combat-for-the-a8/ Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2833610 Share on other sites More sharing options...
Cybergoth Posted September 21, 2013 Author Share Posted September 21, 2013 So can you confirm that doing an A8 port of the 2600 Combat is one to avoid? I'd begun one years ago and would potentially pick it up again in the future. http://atariage.com/forums/topic/108408-2600-combat-for-the-a8/ I can confirm that "Combat 2" for the 5200 had to be removed from the Atari Age store a couple of years ago due to a C&D from Atari. Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2833617 Share on other sites More sharing options...
raindog Posted September 21, 2013 Share Posted September 21, 2013 I bet you could call it "Tank" and claim it was an arcade port, though. Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2833662 Share on other sites More sharing options...
Wrathchild Posted September 21, 2013 Share Posted September 21, 2013 Is putting out a binary freely risking less wrath as opposed to selling by yourself or through others? To date I'd not experienced any backlash over the A8 -> 5200 ports I did. Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2833747 Share on other sites More sharing options...
raindog Posted September 21, 2013 Share Posted September 21, 2013 Well, you can still download Princess Rescue even though it's been removed from the store, and to the left here you can see the label I made, which has been downloadable for free from my website for 14 years, for my ambiguously named Pac-Man hack from which I've never technically seen a penny, so I'd say yeah, "less wrath". Not to be confused with "no wrath", though. Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2833782 Share on other sites More sharing options...
tep392 Posted September 21, 2013 Share Posted September 21, 2013 They haven't had the videos pulled off youtube either. Seems they just didn't want it sold in the store. Quote Link to comment https://forums.atariage.com/topic/58469-list-of-taboo-trademarks/page/4/#findComment-2833798 Share on other sites More sharing options...
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