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Thread: Ion Maiden | New Build Engine title

  1. #26
    Southquarter.com/fms
    Registered: Apr 2000
    Location: The Akkala Highlands
    Just going on common sense here (I'm not a lawyer), but the band was named after the torture device, not the other way around, so what grounds do they really have? If they (the band) were smart, they would offer to do the theme song for it and then soak in the residual album sales thereafter.

  2. #27
    Member
    Registered: Aug 2004
    Trademark isn't subject to prior/alternative meaning at all. Amazon, Facebook, Twitter, lots of companies have trademarks on otherwise ordinary words or phrases. Doesn't matter. Iron Maiden has a live trademark on games with released titles bearing that trademark. (Also fruit juice FFS. Seriously?) I think Ion Maiden's only legal chance would've been parody, but... It's not, so. They weren't going to win.

  3. #28
    Quote Originally Posted by Brethren View Post
    Just going on common sense here (I'm not a lawyer), but the band was named after the torture device, not the other way around, so what grounds do they really have? If they (the band) were smart, they would offer to do the theme song for it and then soak in the residual album sales thereafter.
    What grounds does Iron Maiden have: Trademark dillution would be the #1.

    If they don't defend their trademark, they can permanently lose it in one or more areas. If they lose it for games, then anyone can make an Iron Maiden (band) game without paying royalties to the band. Copyright would still protect the songs and specific images (including their mascot), but a creative person could find a way around that.

    Also, Iron Maiden is a far stronger brand than Ion Maiden*, so it is unlikely that they would benefit in any way from making stuff for what is essentially a budget/indie title. And since the band on a world tour at the moment (or at least recently have been on that tour) from what I could see at a quick glance, I doubt comissioning them for one or more songs would be within the budget of 3D Realms. Any official crossover would be far more beneficial to 3D Realms than to Iron Maiden, in terms of both exposure and sales.

    *Multiple records and world tours since the mid-80s vs a single ~1 year old game.

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