Originally Posted by termathor
Sure, I get that. I spent 8 years in full damage mode with my ex-wife before prevailling
However, not a lawyer myself either, and even less of a trademark lawyer, but having read all of Stardock's side of the story, it would seem to me they did nothing really wrong and this was an overkill blown.
Anyway, I'm sure some fine folks here may prove this wrong ...
I've been following this story for year, ever since Fred emailed me awhile back when I begged him to make a new star control, but he emailed me back saying he wanted to do it too but their contract with Skylanders and Toys for Bob (Activision?) prevented them from doing that at the time.
Fred and Paul are not in the wrong here. If they did anything wrong, it was simply not being proactive enough to protect their IP which reverted back to them after they were not paid royalties by Accolade for 3 years.
you really need to read the text of the original license agreement. F&P posted it. Even the judge mentioned it.
Plus not only was the license (the universe and aliens and storyline and plot) supposed to COMPLETELY REVERT back to F&P when Accolade breached their end of the license agreement by not playing royalties, the bankruptcy of Atari, after Accolade was bought by atari, apparently invalidated the entire TRADEMARK being sold, because apparently, F&P were supposed to have been consulted before this happened, but that's for the judge to determine. But that's ONLY for the name "Star Control"--whether F&P can legally make Ghost of the Precursors "Star Control: Ghost of the Precursors."
Brad simply didn't understand what he was buying from the bankrupt Atari.
Brad ONLY bought the NAME trademark "Star Control" **AND** the ORIGINAL materials that were developed for STAR CONTROL III ONLY.
In fact, the original SALE of the IP actually said "Star Control III."
You again have to read the license agreement.
F&P allowed Accolade to make SC3 and to use the aliens from star control 2, AS LONG AND F&P WERE PAID FOR IT.
The original storyline and new aliens and hyperspace mode and other things that were NEW to star control 3 were purely Accolade's properly.
Any lore that was from SC2 or aliens or other devices required F&P to be paid for it.
Brad bought the ORIGINAL materials and the trademark for Star control 3 and the name "Star Control" -ONLY.
But then he started acting like F&P didn't have the legal rights nor did they actually develop Star Control 1 and 2.
And the judge when denying the injunction request from Stardock, said directly that it was YOUR fault you chose to market and release Origins while being involved in a court case. Meaning: Stardock shat the bed and now has to sleep in it.
Just look at this:
And you can even find the full release of the injunction denial PDF over on the star control reddit. This situation is NOT looking good for Brad at all.