[Frankenskid]

Originally Posted by Colen

I understand this sentiment, but if we acted like this, here is what could happen:

1) We stop trying to educate people about the Army Builder trademark because we want the free publicity.
2) Several free "Army Builder" programs spring up for various game systems.
3) A year or two later, a commercial program is released called the "XYZGame Army Builder", which is easily confused with our own software.

Because we didn't take action at points 1 and 2, we've opened ourselves up for other, commercial, companies to use the Army Builder name in their products. That means that they are taking the hard work we've been doing for the last 12 years, and using it to sell their own products.

Think about it another way - let's say you were going to create your own miniatures game system, and you wanted to call it a "Warhammer Miniatures Game" or a "Warmachine Miniatures Game". Even if you think that would be ok, Games Workshop or Privateer Press or whoever would be required to step in and stop you, or they could lose their trademarks to those brand names. Once they lose the trademarks, anyone could start making (and selling) a "Warhammer Miniatures Game" and they wouldn't be able to stop them.

Game companies don't enjoy having to write and send out letters like these, but it's the unfortunate reality of being in business. If they don't do this, they are at risk of competitors entering the market using the names that they have spent decades building up.

Personally I respect a company that has enough balls to stand up to a recent upstart in a field they have 12 years invested in through providing a better product, more than one that uses flimsy applications of trademark law to try and keep a name out of discussions. If you are so good, and did so much, then someone else calling a recent program they made a builder of armies or whatever should not phase you in the least as you have the market share, the presence in the industry, and the experience to do better. Personally this seems like a huge PR disaster. I have seen it over and over again on techdirt.... innovate or litigate. I appreciate the work it takes, and I have purchased your program before, and have to say I like it, sans some update issues (Like charging to keep getting automatic updates) I enjoy using it.

Also Warmachine and Warhammer are a bit more specific than a general name of an "Army Builder"......