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EA files counter-claim against "fraudulent" Tim Langdell

Publisher accuses Edge Games of deceiving US patent office

Electronic Arts has accused Edge Games' notoriously litigious boss Tim Langdell of "fraudulent misrepresentations", as it battles against his claim that EA title Mirror's Edge infringes his trademark of the word 'edge.'

The publisher has filed a counter-suit against Langdell, claiming his failure to release any games involving the contested trademark for some years constitutes deception of the US patent office.

EA is demanding that Langdell's trademarks are wiped out – something that a number of smaller developers who have suffered the former IGDA board member's threatened legal wrath would no doubt welcome.

"Through a series of fraudulent misrepresentations to the United States Patent and Trademark Office ('USPTO'), Langdell has obtained federal registrations for a purported 'family' of EDGE marks," reads EA's court filing, obtained by IndustryGamers.

"Neither Langdell nor his alter ego companies have made any legitimate and good faith use of those marks in commerce, but they have instead used the marks to assert baseless claims against third parties and to extract undeserved settlements, consisting of invalid naked licenses and assignments in gross which Langdell has used to maintain his fraudulently obtained registrations.

"Through this counterclaim, Counterclaimants seek cancellation of the invalid registrations maintained by Langdell's alter egos and a declaration that his companies have no common law rights in the purported marks that are the subject of those registrations."

The suit also claims that Langdell "intended to deceive the USPTO," and that his actions have harmed both it and other companies. EA is additionally seeking to have its legal fees and further compensation paid.

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Latest comments (19)

Good luck EA! Show Tim that he messed with the wrong company this time.
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James Prendergast Research Chemist 6 years ago
I'm surprised that they didn't throw in some sort of comment about being able to trademark a word in common usage (or maybe i didn't read it properly).... It still gets me that a word i use about as frequently as 'wood' (and with many modifiers and descriptive additions) can be claimed by anyone. Maybe that's just harder to argue in the legal system?

The worry here is that by contesting on lack of use of the mark, though he has been 'defending' it and also using it as his development/publishing name, Langdell might prevail - setting terrible precedent and irreparably damaging every creative industry in the process.
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Terence Gage Freelance writer 6 years ago
I concur with your comment, Khaled.

It seems like a very reasonable filing by EA - Edge Games haven't released any titles in God knows how long, and besides their company name and sueing other companies, they don't even appear to make use of said trademark. Whether this is strictly fraudulent I don't know, but clearly dodgy business is afoot as far as their practices and income are concerned.

Edited 1 times. Last edit by Terence Gage on 1st September 2010 9:57am

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Show all comments (19)
Alfonso Sexto Lead Tester, Ubisoft Germany6 years ago
Nice move!. People like this guy should be removed from the industry.
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Bryan Robertson6 years ago
I really hope someone points him in the direction of "Epic Mickey", if he claims that no company would stand for their name being used in the title of another company's game.
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Nic Van 't Schip MMO Channel Manager, SPIL Games6 years ago
Didn't expect to be cheering for EA today when I got out of bed this morning!
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Pierre Vandenbroucke Assistant de production, Gorgone Productions6 years ago
I can remember of a few case opened by EDGE games.
There was also a magazine, right?
It seems Tim Langdell lives on the edge.. oops, can I be sued for that ?
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Terence Gage Freelance writer 6 years ago
Also, something that has just occurred to me: is Edge Games' sitting on the gaming trademark 'Edge' any different to companies registering a web domain and squatting it, a la the legal trouble Take Two <a href="http://www.gamesindustry.biz/articles/2010-08-25-take-two-loses-legal-battle-over-domain-name">has had recently</a href>? It seems to be a very similar situation; the only difference being that Edge Games' trademark of the world 'Edge' seems to be considered more legitimate in a legal sense.

(Multiple edits to sort link).

Edited 2 times. Last edit by Terence Gage on 1st September 2010 11:00am

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Joe Bognar Junior PR Manager, Techland6 years ago
Edge, edge, EDGE, EdGe, eDgE!

Pathetic looser! Sorry but it's like McDonalds would sue everyone who's got 'Mc' in their names.

I can't really find the best word to describe this guy...
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Joe Bognar Junior PR Manager, Techland6 years ago
George Lucas can sue StarCraft! They used 'STAR' !!!
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Jordan Woodward Level Designer, Rebellion Developments6 years ago
I can't believe people like Langdell just sit on a Trademark and wait till a large company uses it, it's pathetic really. EA need to take this guy down.
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Jim Webb Executive Editor/Community Director, E-mpire Ltd. Co.6 years ago
James, you are correct. I too was expecting some reference to the the 5 tiers of trademark distinctiveness.

Langdell's trademarks are only suggestive marks and not prima facie. Further more, he's failed to maintain distinctiveness.
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Laurent Benadiba CEO, SDP Games6 years ago
Someone had to do it. Well done EA!
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I knew I should have trademarked the full stop. :P
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Jordi Rovira i Bonet Lead Engineer, Anticto6 years ago
Get him! Dead or alive!
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Alex Bunch Proof Reader, ZiCorp Studios6 years ago
I can feel a T-shirt coming on 'Tim Langdell sued me... and lost his Edge'

Edited 1 times. Last edit by Alex Bunch on 1st September 2010 8:15pm

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Miguel Melo Principal Software Engineer/Product Manager 6 years ago
I heard U2's guitarist is next in Tim's list (j/k). What a waste of protein this guy is.
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Stephen Woollard Online Infrastructure Specialist, Electronic Arts6 years ago
Unleash the Flying Monkeys™!!11!11eleventyone!

all ur edgez r belong 2 us
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Kingman Cheng Illustrator and Animator 6 years ago
Never thought I'd be supporting EA so avidly but best of luck!
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