Andrew Ulysses Baker

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Andrew Ulysses Baker

Andrew Ulysses Baker

@failratePrime

game dev & programmer https://t.co/9f1LyU9fuj [email protected]

شامل ہوئے Aralık 2014
149 فالونگ55 فالوورز
fuzzy (Try Undercroft Warriors!)
@Sirlin I am currently designing a game, and I need to get some info. Is it true that you own the trademark to the japanese word "yomi"? Because I've heard about you sending cease and desists to both a fighting game and a hack and slash.
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Andrew Ulysses Baker
Andrew Ulysses Baker@failratePrime·
@Corrodias @snuffysam @AlienRopeBurn @MarcDWyz @Sirlin The first link is to the name of a developer. The second link is to a game that is clearly identified as "Last Guardian 2" and happens to have the word "Yomi" in its title. Regardless of prior use in a product category, any name can be trademarked.
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MarcDWyz🕹️ #GameDev
MarcDWyz🕹️ #GameDev@MarcDWyz·
Deranged game dev @Sirlin, maker of Fantasy Strike, trademarks a common Japanese word "yomi" and proceeds to DMCA takedown small indie games for Christmas without warning. Yomi Hustle and Yomi Domini have been targeted. No signs of stopping. Have to try hard to be this sick.
MarcDWyz🕹️ #GameDev tweet media
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Andrew Ulysses Baker
Andrew Ulysses Baker@failratePrime·
@CaptainNovaVT @MarcDWyz I just did a rudimentary search and found many instances of Capcom shutting down infringing fan projects, so I do not know why you are asserting the opposite.
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Andrew Ulysses Baker
Andrew Ulysses Baker@failratePrime·
@Corrodias @snuffysam @AlienRopeBurn @MarcDWyz @Sirlin I assume Devolver Digital performs the appropriate due diligence to ensure that their titles are not infringing prior to publishing, because that is table stakes. Also, why would he submit anything to Devolver? They are not the parties that infringed on his trademark.
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Andrew Ulysses Baker
Andrew Ulysses Baker@failratePrime·
@MarcDWyz All of the titles that were served with trademark infringement notifications released long after the YOMI trademark was registered. Additionally, the developers of FOOTSIES should register their trademark: uspto.gov/trademarks/app…
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Andrew Ulysses Baker
Andrew Ulysses Baker@failratePrime·
@MarcDWyz BTW, Pocket Fighter EX is also clearly infringing on CAPCOM's trademark (POCKET FIGHTER Goods and ServicesIC 041. US 100 101 107).
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MarcDWyz🕹️ #GameDev
MarcDWyz🕹️ #GameDev@MarcDWyz·
And let me be clear; Yomi Hustle and Yomi Domini did NOTHING wrong! And them complying with this absurd legal threat is also NOT wrong! They're 100% the victims and may have had no choice but to comply. Doing whatever was necessary to get out of the takedown was the right move.
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Andrew Ulysses Baker
Andrew Ulysses Baker@failratePrime·
@MarcDWyz They did not search via the free USPTO TESS to determine if their trademarks were infringing. That is what they did wrong. This is table stakes for putting any product into the market. They complied by changing the names of their projects, which is all that is required.
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Andrew Ulysses Baker
Andrew Ulysses Baker@failratePrime·
@rottingpastry1 @MarcDWyz @Sirlin "Undernauts: Labyrinth of Yomi" is very clearly not infringing, because the primary mark is "Undernauts". If they were instead "Yomi: Labyrinth of Undernauts", that would be very clearly infringing.
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Andrew Ulysses Baker
Andrew Ulysses Baker@failratePrime·
@Pugs_Wellington @RunDaltonRun @MarcDWyz @Sirlin It is irrelevant how common a word is when registering trademark. He is enforcing it specifically as it pertains to his trademark re: board games and video games. He has enforced it broadly against all known entities distributing games with the name "Yomi <Extension>".
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RiskOfGnu
RiskOfGnu@RiskOfGnu·
@failratePrime Hi, you seem to know a lot. Can you explain how it is legal to file a Copyright takedown over a Trademark dispute. Thanks.
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Andrew Ulysses Baker ری ٹویٹ کیا
ivy sly
ivy sly@ivy_sly_·
It is unfortunate that I have to keep saying this, but I'm begging everyone: please don't speak for me. Sirlin and I have been on good terms and have been talking quite a bit since this whole thing started. Let me set the record straight here...
MarcDWyz🕹️ #GameDev@MarcDWyz

@Sirlin This has big "smile for the camera or you'll never see your family again" energy.

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