In the future, all space marines will be Warhammer 40K space marines

Post by codingkevin » Wed, Feb 06, 2013, 5:16 PM UTC

ajross wrote: post #39

bunderbunder wrote: post #32

Earlier quoted context omitted.

That said, isn't it the case that one can't just take something that exists in common usage and trademark it as-is? For example, the basic structure of the fairy tale about Aladdin and the magic lamp had been around for a long time, and was clearly not originated by Disney. Consequently, Disney has no right to claim trademark or copyright control over the name Aladdin or or anything generally related to the story. Th…

Was "space marine" in common usage in 1987, though? The fact that it exists in a long out-of-print pulp novel doesn't mean that everyone understood its meaning. Again, this isn't a patent. All that's required is that, when the trademark was registered, GW's usage of the term was unique and relevant to their business.

Post by Semaphor » Wed, Feb 06, 2013, 5:18 PM UTC

dkhenry wrote: post #12

bunderbunder wrote: post #8

According to Wikipedia[1], the first use of the term 'space marine' in literature was the 1932 short story Captain Brink of the Space Marines by Bob Olsen. That's a full 43 years before Games Workshop was founded, and 55 years before Warhammer 40K was introduced. And the prior usage of the term and concept kept coming strong throughout the intervening half-century. 1: http://en.wikipedia.org/wiki/Space_marine

So why is this not an open and shut case ?

Post by incision » Wed, Feb 06, 2013, 5:20 PM UTC

unwind wrote: post #3

That is ... incredibly stupid. I'm no 40K fan (at all), but I realize it's huge. On the other hand, the concept of "marines, but in space" really is a genre trope as pointed out in the article. It feels wrong for a single company to own that generic term. I've read if not shelf-meters then certainly shelf-decimeters of SF with plenty of marines in them, none being of the Warhammer variety. I'm looking forward (not) f…

Post by stcredzero » Wed, Feb 06, 2013, 5:21 PM UTC

codingkevin wrote: post #41

ajross wrote: post #39

Earlier quoted context omitted.

Was "space marine" in common usage in 1987, though? The fact that it exists in a long out-of-print pulp novel doesn't mean that everyone understood its meaning. Again, this isn't a patent. All that's required is that, when the trademark was registered, GW's usage of the term was unique and relevant to their business.

Alien came out in 1979. Aliens in 1986. I would say it was in common usage.

Post by ajross » Wed, Feb 06, 2013, 5:37 PM UTC

jasonkester wrote: post #46

ajross wrote: post #39

Earlier quoted context omitted.

Was "space marine" in common usage in 1987, though? The fact that it exists in a long out-of-print pulp novel doesn't mean that everyone understood its meaning. Again, this isn't a patent. All that's required is that, when the trademark was registered, GW's usage of the term was unique and relevant to their business.

Aliens came out in 1986. I don't know how much more common you need to be than that. http://www.imdb.com/title/tt0090605/ I'd personally been using the term since growing up watching Star Blazers cartoons in the 70s.