by Hero_Of_Retro » December 5th, 2013, 8:39 pm
From the examiner. The 3rd Dec.
Moon Design Publications (MDP) clarified its stance regarding the HeroQuest Kickstarter on December 1, laying out the dialogue with Gamezone -- a dialogue that ended in Kickstarter taking the project down due to the legal dispute. Francis Greg Stafford registered the "Heroquest" trademark with the United States Patent and Trademark Office (Registration Number 4082281) trademark for use in game book manuals, as the company explained on its web site:
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Moon Design Publications LLC has the exclusive license for use of that trademark. For some time now we have been working on creating a board game called “Heroquest” pertaining to the mythology of Glorantha and an updated version of our Heroquest roleplaying game. The project by Gamezone, a Spanish game company, proposes to remake a role-playing/board game originally produced by Milton Bradley and Games Workshop in 1989. The project calls their game “Heroquest” which is identical to our registered mark and easily confused with it.”
There was a discussion between Gamezone and MDP on July 31, but when MDP asked for written confirmation of Hasbro's permission to produce a 25th Anniversary Edition of Hasbro’s board game, Gamezone did not comply. On August 26, 2013, MDP declined their request...and Gamezone went ahead anyway with the Kickstarter:
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As a New York State corporation, Kickstarter is subject to US trademark laws and the use of our trademark in the campaign was a violation of those laws.We told Gamezone that they needed to immediately get a licensing agreement from us (which, among other things, would require that they pay us for the rights to the name since it would mean foregoing our opportunity to release our game using our trademark and to compensate us for that lost revenue). Gamezone did not get back to us within the period we set, and rather than have this end up in litigation (which could also bring in other parties with IP at stake), we asked Kickstarter to suspend the campaign.”
The discussions are ongoing. Gamezone has assured MDP that they have permission from Hasbro, but to date have yet to produce any evidence to satisfy MDP's requirements. MDP is sympathetic to the outpouring of support and funds for the Kickstarter:
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We sympathize with the fans of the Milton Bradley game who enthusiastically supported this project. We strongly support Kickstarter and the revitalization of old games with a loyal following. However, such activities must be done with the consent of the trademark holder and of any other legal owners of the property.