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Society & Culture
Virtual Legality Episode 62

Infringement?! A Lawyer Looks at "Iron Maiden v Ion Maiden"

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2y May 31, 2019
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On May 28, 2019, Iron Maiden Holdings Limited, holding company for the intellectual property of rock band Iron Maiden, filed a lawsuit against 3DRealms Entertainment for trademark infringement in the promotion and sale of its video game, "Ion Maiden".

But what is the basis for the claim?

What are trademarks, their purpose, and what does it mean to infringe upon them?

How important is the coloration and font of the "Ion Maiden" logo, Google search results, forum posts, or the fact that Iron Maiden does actually lend its name to a presently available video game?

Why is trademark litigation so difficult to predict?

And why is the $2M being thrown around almost certain to be different from any final damage amount actually awarded in the case?

Run to the hills... it's Virtual Legality.

#IronMaiden #IonMaiden #VirtualLegality


Discussed in this episode:

"Iron Maiden files $2 million suit against 3D Realms over Ion Maiden Video Game"
GameDailyBiz - May 30, 2019 - Mike Futter
(https://gamedaily.biz/article/909/iron-maiden-files-2-million-suit-against-3d-realms-over-ion-maiden-video-game)

"Trademark, Patent, or Copyright?"
US Patent and Trademark Office (USPTO) website
(https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright)

"About Trademark Infringement"
USPTO website
(https://www.uspto.gov/page/about-trademark-infringement)

"IRON MAIDEN HOLDINGS LIMITED V 3DREALMS ENTERTAINMENT ApS"
Filed May 28, 2019
(https://www.scribd.com/document/411932483/Ion-Maiden-Lawsuit#from_embed)

"Ion Maiden"
Steam Listing
(https://store.steampowered.com/app/562860/Ion_Maiden/)

"Iron Maiden Website - Drinkware"
(https://666.ironmaiden.com/drinkware)

"Iron Maiden Legacy of The Beast"
Game Website
(https://ironmaidenlegacy.com/#worlds)

"Recovery for violation of rights"
15 U.S. Code § 1117
(https://www.law.cornell.edu/uscode/text/15/1117#)

"Injunctive relief"
15 U.S. Code § 1116
(https://www.law.cornell.edu/uscode/text/15/1116#d)

"1715. TRADEMARK COUNTERFEITING -- REQUIREMENTS FOR A "COUNTERFEIT MARK"
US Department of Justice - Criminal Resource Manual
(https://www.justice.gov/jm/criminal-resource-manual-1715-trademark-counterfeiting-requirements-counterfeit-mark)


PODCAST VERSIONS AVAILABLE AT

Spotify: (https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:
(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:
(https://soundcloud.com/user-510342404)

Google Play Music:
(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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