Iron Maiden files trademark lawsuit against Ion Maiden

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Iron Maiden files trademark lawsuit against Ion Maiden

Postby Cacodemon345 » Wed May 29, 2019 10:06 pm

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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby Enjay » Thu May 30, 2019 12:29 am

Honestly, i'm mot hugely surprised. I've seen loads of people mistake the name of the game and spell it "iron". And I'd be very surprised if the title wasn't deliberately designed to sound like the band name.

I note that it's the band's holding company raising the suit. They are responsible for looking out for and chasing copyright infringements. So, again, not a surprise. That's exactly what the company is meant to do.

With any luck it can be resolved amicably (I guess a name change for the game would be a likely outcome).

Also, with any luck, this will eventually fall into the "no publicity is bad publicity " category.
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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby Rachael » Thu May 30, 2019 12:49 am

Enjay wrote:Also, with any luck, this will eventually fall into the "no publicity is bad publicity " category.

Don't you mean "any publicity is good publicity"?

Which, as much as people hate it, it's true. One of the reasons why the new Doom movie and why the latest Star Wars movies achieved so much popularity is precisely because people got so upset with the virtue signaling. When creating such a ruckus about it, they accidentally did marketing, and even saved the parent companies marketing costs in the long run, due to the word being spread by outrage alone. And it worked in the creators' favors. Yes, you lose the customers you've upset, but you gain at least 2 more in their place.

It works on a smaller scale too, even within this community.

That's really just how it is.

Why do you think it's gotten to the point now where it's a marketing gimmick? Remember how Bethesda doubled-down when they came under fire for "making a game that's all about shooting Nazis"? As if a game should be made about doing anything BUT shooting them. The outrage propelled them, and in the end the losers were the people who pitifully attempted to play the victim card against them.
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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby Matt » Thu May 30, 2019 1:32 am

Cover art has nothing remotely resembling Eddie.

A ruling in [Iron] Maiden Holdings Ltd.'s favour would be a testament as to the band's total and final descent into irrelevance.
Last edited by Matt on Thu May 30, 2019 1:56 am, edited 1 time in total.
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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby Graf Zahl » Thu May 30, 2019 1:37 am

Enjay wrote:I note that it's the band's holding company raising the suit. They are responsible for looking out for and chasing copyright infringements.


Yeah, a job well done, considering that there's a significant cross-section between gamers and heavy metal fans. So this piece of news will strike hard in the middle of their fan base - basically ensuring that the entire issue will get more attention than desired.
Sometimes it may just be smarter to act with a little restraint - but I have my doubts that those trademark lawyers even possess that capability.

So now the game will get more publicity than it might ever have gotten as a small-scale indie title and the band will certainly get their bit of shit from the fans, never mind that the association here was clearly intended.
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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby Matt » Thu May 30, 2019 1:57 am

Is there an actual source for this though? Neither the Blabbermouth nor the Daily Beast article, which everything else I've found links to (and they seem to link to each other?), provides any way to access the court documents or even tell us which court it even is.

and uh why is the picture on the DB article captioned "Duke Nukem/Reuters"
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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby gramps » Thu May 30, 2019 2:09 am

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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby Enjay » Thu May 30, 2019 5:09 am

Rachael wrote:
Enjay wrote:Also, with any luck, this will eventually fall into the "no publicity is bad publicity " category.

Don't you mean "any publicity is good publicity"?.

I've always heard the expression the way that I phrased it but both basically mean the same. I.e the "no" doesn't mean not getting publicity. It.means more like there is no type of publicity that is bad publicity.

[edit] A common variation is also "there is no such thing as bad publicity". [/edit]

Final outcome prediction? No Iron Maiiden fans will stop listening to Maiden because if this. The game will get more publicity and more sales.


Although my natural tendency is to rile against big-corp legal shysters, and even though I know and like some of the people involved in the game, in this case I actually think "fair enough". It's been pretty obvious right from the outset that the name of the game is a close pun of the band name (probably intentionally) and, as I said before, people have already confused the spellings numerous times. I don't know if it still does but google has even done its "did you mean iron maiden" thing when I first googled the game.
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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby Matt » Thu May 30, 2019 9:31 am

Enjay wrote:No Iron Maiden fans will stop listening to Maiden because if this.

Having just seen proof of this I am one camera and decent video editing program away from publicly recording myself trashing my entire Maiden collection.

We have other listening options and it will be no great loss.


EDIT:
Although my natural tendency is to rile against big-corp legal shysters, and even though I know and like some of the people involved in the game, in this case I actually think "fair enough". It's been pretty obvious right from the outset that the name of the game is a close pun of the band name (probably intentionally) and, as I said before, people have already confused the spellings numerous times. I don't know if it still does but google has even done its "did you mean iron maiden" thing when I first googled the game.
My own comments from another Discord: They might have a case though, the standard for trademark confusion is based on a very superficial initial consumer reaction. Yes, any second look will immediately clarify it for 99.99% of people, but that first look might be confusing for a lot more people than that. (and I have seen actual confusion here and there at that level)

That said, it's completely frivolous and mean-spirited, to the point where I can no longer in good conscience take part in anything that can earn them money.


EDIT: in response to PB's response: what Graf said. Might still be without the actual band members' consent though, given how these things work.
Last edited by Matt on Thu May 30, 2019 10:45 am, edited 2 times in total.
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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby Caligari87 » Thu May 30, 2019 9:32 am

(copy-pasting a bit from my comments in Discord)

The phrase "iron maiden" is not even remotely original to the band, for starters. It's a term for a medieval torture device. It's common parlance unrelated to the specifc band, and Ion Maiden isn't exactly trying to get a foot in the door with an 80's thrash metal album.

Also Ion Maiden's logo and art looks nothing like Iron Maiden's logo and art, IMO.
Spoiler:


What's especially damning, in my eyes, is that they waited this long. When the game was first announced, even when the "demo" was released, it made a big enough splash to be on the lawyers' radar, I'm sure. A C&D two years ago and the studio could have just changed the name and moved forward. But now, over a year later with the game's demo success and the full thing probably nearly ready to drop, it's damages against a committed brand identity worth money. This is totally timed to hit the Ion Maiden folks where it hurts at a critical time, for sheer monetary gain. Not to protect a brand. It's shameful and I hope it gets booted out the door, preferably with frivolous lawsuit fines.

8-)
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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby jdredalert » Thu May 30, 2019 10:02 am

As someone that grew up listening to Iron Maiden, to the point of being heavily influenced by the band's musicality as a (former) musician myself, i'm really disappointed with this move. But as Bruce Dickinson said once, it's not about a band anymore, is about a brand. Straight up business. I am, of course, siding with Ion Maiden's devs. A multi-millionaire b(r)and trying to take down a group of indie devs is sad, mean-spirited and evil. While i'm not about to destroy my Iron Maiden collection just like Matt is, i'm really feeling ashamed both for myself being an Iron Maiden fan and for the band actions as a whole.
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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby phantombeta » Thu May 30, 2019 10:06 am

Matt wrote:
Enjay wrote:No Iron Maiden fans will stop listening to Maiden because if this.

Having just seen proof of this I am one camera and decent video editing program away from publicly recording myself trashing my entire Maiden collection.

We have other listening options and it will be no great loss.


EDIT:
Although my natural tendency is to rile against big-corp legal shysters, and even though I know and like some of the people involved in the game, in this case I actually think "fair enough". It's been pretty obvious right from the outset that the name of the game is a close pun of the band name (probably intentionally) and, as I said before, people have already confused the spellings numerous times. I don't know if it still does but google has even done its "did you mean iron maiden" thing when I first googled the game.
My own comments from another Discord: They might have a case though, the standard for trademark confusion is based on a very superficial initial consumer reaction. Yes, any second look will immediately clarify it for 99.99% of people, but that first look might be confusing for a lot more people than that. (and I have seen actual confusion here and there at that level)

That said, it's completely frivolous and mean-spirited, to the point where I can no longer in good conscience take part in anything that can earn them money.

That's just being shitty - the band itself most likely has no idea this even happened (remember, this lawsuit is from a HOLDING COMPANY, not the band itself), so shitting on them for something they likely have nothing to do with is just horrible.
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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby Graf Zahl » Thu May 30, 2019 10:15 am

So who do you think OWNS that holding? I have my doubts here that they knew nothing and this happened without their consent.
On the other hand we also do not know what went on before between Iron Maiden and 3D Realms - and using that name was just inviting trouble from the start because the association is a bit too obvious. There may have been previous attempts to get the name changed, but this wouldn't be public knowledge.
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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby jdredalert » Thu May 30, 2019 10:19 am

What i find even more ironic is the fact that the lawsuit complains about “virtually identical imitation” and “confusingly similar” products.

Iron Maiden knows a lot of confusingly similar, virtually identical imitations.
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Re: Iron Maiden files trademark lawsuit against Ion Maiden

Postby Beezle » Thu May 30, 2019 10:21 am

I do love Iron Maiden, but this lawsuit is complete bullshit. Maybe if it was a new successful band calling itself Ion Maiden or if the game used some of Iron Maiden's music without their consent, I could see a lawsuit. But this is a game that has nothing at all to do with them. Really hope this is thrown out. especially since as far as we now, like Caligari87 said, there had been no previous C & D and no other attempts to get the Developers to change the name.
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