Games workshop appears to be at it again with being over berring with their IP or in this case a well established term from the scifi genre across books, movies, comics and TV .
This article appeared on Faeit 212’s blog earlier today.
What happened is this.
Mid December Maggie Hogarth discovered that her book called “Spots the Space Marine” had been removed from the Amazon ebook store following a complaint by Games Workshop. Games Workshop says that its entry into digital publishing gives it “common law trademark claim over the term Space Marine.
On February 5th Maggie blogged on her own blog about the incident, and of course I am including a link to be BBC article on GW’s claim to the term “Space Marine”. This one doesnt look good GW. Think its time to back off?
via the BBC (for the entire article follow the link)
A spokesman for Games Workshop said it had a “blanket policy” of not talking to the media and had no comment to make about the row or its trademark claim.
Media and intellectual property lawyer Susan Hall from DWF said Games Workshop might struggle to assert its trademark claim in America.
“In the US they’ll come straight up against the First Amendment and that’s one issue they’ll have to overcome,” she said.
via Maggie Hogarth on her blog MCAH (the author involves speaks out)
In mid-December, Games Workshop told Amazon that I’d infringed on the trademark they’ve claimed for the term “space marine” by titling my original fiction novel Spots the Space Marine. In response, Amazon blocked the e-book from sale [original post and update]. Since then, I’ve been in discussion with Games Workshop, and following their responses, with several lawyers.
To engage a lawyer to defend me from this spurious claim would cost more money than I have, certainly more than the book has ever earned me. Rather than earning money for my family, I’d be taking money from them, when previously my writing income paid for my daughter’s schooling. And I’d have to use the little time I have to write novels to fight a protracted legal battle instead.
In their last email to me, Games Workshop stated that they believe that their recent entrée into the e-book market gives them the common law trademark for the term “space marine” in all formats. If they choose to proceed on that belief, science fiction will lose a term that’s been a part of its canon since its inception. Space marines were around long before Games Workshop. But if GW has their way, in the future, no one will be able to use the term “space marine” without it referring to the space marines of the Warhammer 40K universe.
I used to own a registered trademark. I understand the legal obligations of trademark holders to protect their IP. A Games Workshop trademark of the term “Adeptus Astartes” is completely understandable. But they’ve chosen instead to co-opt the legacy of science fiction writers who laid the groundwork for their success. Even more than I want to save Spots the Space Marine, I want someone to save all space marines for the genre I grew up reading. I want there to be a world where Heinlein and E.E. Smith’s space marines can live alongside mine and everyone else’s, and no one has the hubris to think that they can own a fundamental genre trope and deny it to everyone else.
At this point I’m not sure what course to take. I interviewed five lawyers and all of them were willing to take the case, but barring the arrival of a lawyer willing to work pro bono, the costs of beginning legal action start at $2000 and climb into the five-figure realm when it becomes a formal lawsuit. Many of you don’t know me, so you don’t know that I write a business column/web comic for artists; wearing my business hat, it’s hard to countenance putting so much time and energy into saving a novel that hasn’t earned enough to justify it. But this isn’t just about Spots. It’s about science fiction’s loss of one of its foundational tropes.
I have very little free time and very little money. But if enough people show up to this fight, I’ll give what I can to serve that trust. And if the response doesn’t equal the level of support I would need, then I still thank you for your help and your well wishes. For now, step one is to talk about this. Pass it on to your favorite news source. Tell your favorite authors or writers’ organizations. To move forward, we need interest. Let’s generate some interest.