So, it's Friday, and you're bored. Want to catch up on a crazy situation that's unfolding right before your eyes that has nothing to do with former FBI directors and the Covfefe-In-Chief? Well, step right up and check this out!
There's currently a war going on between the following parties:
-A social media fan page for a video game console that disappeared from retail shelves long before Zayre, Caldor, and Montgomery Ward shut down
-A bunch of DIY "homebrew" software guys producing games for said system in their basements
-And a company who recently bought a trademarked logo of a long-defunct brand that's run by a guy who makes terrible rap videos on the side and might possibly be selling counterfeit action figures on eBay.
Sound exciting? If that piqued your interest, here's some details, and some history.
Let's go back to 1982, when home video game characters were still squares running around gobbling up other squares. Enter toy company Coleco, who wanted to get in on cartridge-based home console goodness. They developed a console known as the ColecoVision. You know, this thing:
Finally, games at home looked like the ones at the 7-11 down on the corner that you sunk so many quarters into! Then, in 1983, a market crash of sorts occurred in the home video game market, mostly due to the over-saturation of crappy games on the Atari 2600 and the emergence of the Personal Computer market. Coleco tried to turn their console into a computer (called the ADAM), and failed miserably, and they pulled out of the game market.
A few years later, what was once a juggernaut in the toy business sold off their assets to the highest bidder, including the ColecoVision brand. Hasbro bought that, and later, a company called River West Brands picked up the trademark and logo of ColecoVision so they could license the name for those cheap game systems you plug directly into the TV that you find at Walgreens and Dollar General.
Recently, River West Brands changed their name to Dormitus Brands, and started gobbling up old trademarks, like Brim coffee (gross decaf coffee from the 70's), Cross Colours (terrible clothes from the 80's/90's), Spuds McKenzie (the Bull Terrier that marketed beer to kids in the 80's), and more in addition to already having Coleco. In a nutshell, they are trademark trolls, grabbing old trademarks and brands, hoping to make a buck or two when people slip up.
All this time, there were enthusiasts who collected old ColecoVision games still out there (like me!), and since the dawn of the Interwebs, there have been fan sites dedicated to the old game system. And then, when social media sites started popping up, so did the fan pages. One of the most popular is ColecoVision Fan, who has over 20k likes on their Facebook page. In addition to that, there have been DIY homebrew developers that have figured out how to make their own games for the old console, and some of them, like Opcode Games and CollectorVision, have gotten quite good at it. Opcode Games even came out with a device that boosts the power of the console, which was something that was going to come out back in the 80’s that got scrapped due to Coleco pulling the plug on the system. Cool, right? Also, some of these guys even went out and got permission to use the trademarked logo, just to cover their bases.
Now that you have the background and all the players, here’s what’s going down.
A few weeks ago, a guy from Dormitus Brands issued a DMCA-style complaint to Facebook on some images of homebrew games that the ColecoVision Fan page posted. They cited trademark infringement, and tagged a ton of pics of homebrew titles he was sharing on his page, alleging that the page runner was the producer of these games. This guy was NOT the producer of anything, and a fan just like everyone else. He’s a veteran of the video game industry, and got out a few years ago to pursue other interests and does the FB page for fun. So, he protested to FB and the guy at Dormitus, and they refused to back down. In fact, they doubled down, wanting the homebrew guys AND the FB page owner to pay royalties to them… royalties for a LONG DEAD CONSOLE THAT NO ONE EXCEPT HOBBYISTS MAKE GAMES FOR ANYMORE. NOT EVEN THE CURRENT “BRAND OWNER”. It would be like some company buying the name Studebaker and trying to strong arm some guy into paying licensing fees for the windshield trim for early 60’s Larks that he makes in his basement shop and sells on a Studebaker enthusiast site because it fits a Studebaker.
Frustrated, the page owner went to the online forum AtariAge.com and made a post about what was going on. AtariAge is also a business who sells homebrew titles made by DIY’ers, and sells some compatible with the 35-year old console in question. Naturally, people were mad. Fans of the console kept it alive all this time, and just because retrogaming is hot, some guy comes in and tries to extort people. So, they did the natural thing: investigate the background of said guy. Turns out, he’s a scumbag! He’s been working with a known bootlegger of homebrew games that has stolen code and passed it off on his own for profit, he’s possibly selling bootleg action figures on eBay, and he’s presumably going to use whatever money he can get his hands on to funnel into his career as a terrible rap artist. He’s also hosting a “retrogaming convention” complete with “appearances” by scantily clad booth girls, other scammers, and the “official release” of an already existing homebrew game that he bought 150 copies of from one of the DIY guys before this all went nuclear.
Not long after, the guy shows up to allege more crap on the AtariAge forum, and as you can imagine, it does not end well. Blogs pick up on it, YouTubers start talking about it, as does one of the biggest retrogaming podcasts. And of course, the trademark troll can’t leave well enough alone, so he goes after all of them. Basically, he’s alienated 99% of his potential customers at this point. Then, he goes on his Coleco FB page to “address the situation”, trying to offer a backhanded apology without even apologizing, and everyone sees right through it.
Personally, I find it all fascinating. I’ve learned more about patent, copyright, and trademark law in the past two weeks than I thought I would ever know. I’m obviously rooting for the little guys, and I hope this trademark troll crawls back into the hole he came out of and we get a sweet docufilm out of it kike the King of Kong movie that came out a few years ago.
If you want to read more about it, check out the original thread over on AtariAge. It's completely insane. http://atariage.com/forums/topic/265739-coleco-strong-arming-homebrew-publishers-and-fan-sites/page-1
TL/DR: Some fake rapper from NJ bought the rights to the old Coleco brand, and is trying to extort the fans and guys making games for a 35 year old dead console.