Andrew Ulysses Baker

game dev & programmer

[Andrew Ulysses Baker @failratePrime]

@fuzzystudios1 @Sirlin Before naming your game, I recommend searching TESS (USPTO's Trademark Electronic Search System) for your title to ensure that it or a similar title is not already trademarked in the category of games: https://t.co/lmQnHgVLUL

[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.

[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.

[Andrew Ulysses Baker @failratePrime]

@snuffysam @KlaessCulptures @MarcDWyz @Sirlin Game companies send trademark infringement notices and C&Ds all of the time. To argue otherwise is either coming from a place of ignorance or malice.

[Andrew Ulysses Baker @failratePrime]

@Corrodias @snuffysam @AlienRopeBurn @MarcDWyz @Sirlin Also, are you unsympathetic that Sirlin has his livelihood riding on Yomi 2?
He is not some giant megacorporation. He is just as small as the other parties in this now resolved trademark infringement situation.

[Andrew Ulysses Baker @failratePrime]

@CaptainNovaVT @MarcDWyz It is also reasonable to believe they simply have never heard of this particular game.

[Andrew Ulysses Baker @failratePrime]

@Corrodias @snuffysam @AlienRopeBurn @MarcDWyz @Sirlin Even this is not true. I literally just used it to get the registration date of YOMI.
You seem very angry, but that should not grant you permission to state falsehoods.

[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.

[Andrew Ulysses Baker @failratePrime]

@CaptainNovaVT @MarcDWyz Trademark law does not care if it is a fan game or a commercial product. For example, https://t.co/W2cs97KeZ2

[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: https://t.co/r23xAT8OCJ

[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).

[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.

[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.

[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>".

[Andrew Ulysses Baker @failratePrime]

@MeToWa It is not. One sends a trademark infringement notice.

[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...