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Scandum wrote:
There were copyright violations involved in 2 of the three cases and in all three, a lawsuit was never needed as there was no doubt the su-ee wasn't in a position to defend his work. Two of the MUDs were hobbyist and one a struggling commercial MUD.
Well, two things. First, nobody owns a trademark on "Godwars" currently or "Gods War" or "God Wars" currently in the US. There's a trademark for "God of War" by Sony that was registered in 2004. So, nothing before 2004 is really relevant.
Second, as Kavir isn't using "Godwars" in a commercial context, he doesn't have a trademark on "Godwars". If someone were to register "Godwars" (after having used it in a commercial context) tomorrow and the USPTO accepted the registration, and the new trademark owner decided to be an a-hole about things, it seems possible (to this non-lawyer at least) that he could go after Kavir and force him to stop using Godwars.
It just seems unlikely to me, as I bet Sony would object to anyone trying to register "Gods War" in a video game context, and Sony hasn't come after Kavir.
--matt
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