EDGE Games
Encyclopedia
Edge Games is a video game developer
Video game developer
A video game developer is a software developer that creates video games. A developer may specialize in a certain video game console, such as Nintendo's Wii, Microsoft's Xbox 360, Sony's PlayStation 3, or may develop for a variety of systems, including personal computers.Most developers also...

 and publisher
Video game publisher
A video game publisher is a company that publishes video games that they have either developed internally or have had developed by a video game developer....

 headquartered in Pasadena, California
Pasadena, California
Pasadena is a city in Los Angeles County, California, United States. Although famous for hosting the annual Rose Bowl football game and Tournament of Roses Parade, Pasadena is the home to many scientific and cultural institutions, including the California Institute of Technology , the Jet...

, known for the aggressive reputation of its chief executive and founder, Tim Langdell, in enforcing their trademarks relating to the word "edge". In 2010, Edge Games sued Electronic Arts
Electronic Arts
Electronic Arts, Inc. is a major American developer, marketer, publisher and distributor of video games. Founded and incorporated on May 28, 1982 by Trip Hawkins, the company was a pioneer of the early home computer games industry and was notable for promoting the designers and programmers...

 for trademark infringement, but eventually settled, with Edge surrendering many of its registrations.

History

Edge Games was founded in California in 1990 by Tim Langdell. At that time, it acquired the intellectual property assets of Langdell's former company, Softek Software, itself founded in 1980 in London, England. Softek's catalog includes several games, including: Fairlight
Fairlight (video game)
Fairlight is an isometric projection arcade adventure video game developed by Bo Jangeborg and Jack Wilkes at EDGE Games and released in 1985. Developed in seven months, Jangeborg created the GRAX game engine using some prior code and components from his earlier project, graphics package The Artist...

, released in 1985, and Garfield: Big Fat Hairy Deal
Garfield: Big Fat Hairy Deal
Garfield: Big Fat Hairy Deal is a 1987 computer game for the Atari ST, ZX Spectrum, Commodore 64, Amstrad CPC and the Amiga based on the comic strip Garfield.-Summary:...

, released in 1987.

Until the availability of "Racers" for the PC
IBM PC compatible
IBM PC compatible computers are those generally similar to the original IBM PC, XT, and AT. Such computers used to be referred to as PC clones, or IBM clones since they almost exactly duplicated all the significant features of the PC architecture, facilitated by various manufacturers' ability to...

 in 2010, Edge Games had not released a new title since 1994, though the Edge website states that two other multi-platform titles: "Mirrors", and "Mythora 2" are "coming soon", as are the PS3
PlayStation 3
The is the third home video game console produced by Sony Computer Entertainment and the successor to the PlayStation 2 as part of the PlayStation series. The PlayStation 3 competes with Microsoft's Xbox 360 and Nintendo's Wii as part of the seventh generation of video game consoles...

 and other platform versions of "Racers". The website also states that they are porting some of their Commodore 64
Commodore 64
The Commodore 64 is an 8-bit home computer introduced by Commodore International in January 1982.Volume production started in the spring of 1982, with machines being released on to the market in August at a price of US$595...

 games to WiiWare
WiiWare
WiiWare is a service that allows Wii users to download games and applications specifically designed and developed for the Wii video game console made by Nintendo. These games and applications can only be purchased and downloaded from the Wii Shop Channel under the WiiWare section...

.

Trademark disputes

Edge Games and Edge Interactive Media have been involved in a number of disputes over the "EDGE" trademark.

Edge (iPhone game)

In May 2009, game developer Mobigame's iPhone title Edge
Edge (iPhone game)
Edge is a puzzle game developed by Mobigame for the iOS devices. Originally released on the iTunes App Store in December 2008, it has been removed and re-added to the store multiple times due to a trademark dispute with Tim Langdell of Edge Games, concerning the use of the word "Edge" in the title...

was removed from Apple's App Store in the US and the UK due to lawsuit threats by Tim Langdell. According to Mobigames, the dispute arose while they were trying to register a trademark for Edge in the US, while Langdell claims he owns the global trademark on "Edge."

According to the email dialogue between Langdell and Mobigames head David Papazian, shared with Eurogamer
Eurogamer
Eurogamer is a Brighton-based website focused on video games news, reviews, previews and interviews. It is operated by Eurogamer Network Ltd., which was formed in 1999 by brothers Rupert and Nick Loman. Eurogamer has grown to become one of the most important European-based websites focused on...

, Langdell delivered an ultimatum to Mobigames in exchange for a promise not to litigate. If they changed the game's name, he demanded 25% of the game's revenue for the time the title was on sale under the name "edge", and if they licenced the Edge name, they would give him 10% of the game's revenue in perpetuity and subtitle it "An Homage To [Edge Games title] Bobby Bearing
Bobby Bearing
Bobby Bearing is an isometric 3D arcade adventure game released by The Edge in for the Sinclair Spectrum, Amstrad CPC and Commodore 64.- Plot :...

", with the Edge Games logo on the title screen. Papazian claims that he suggested the alternative title "Edgy", but that this was rejected by Langdell as too similar to "Edge". Edge Games subsequently registered this name as a trademark. An Edge Games spokesperson, writing from Tim Langdell's personal email address and signing off as "Tim Langdell", claims that their registration was the result of a misunderstanding "probably in part caused by David Papazian's less than perfect English". However, many journalists who talked with David Papazian confirmed that Papazian's English is "absolutely flawless"

On the 18 June 2009, it was reported that the game had been restored to the App Store with its original name intact, though later reports indicated that the game had once again been pulled in July 2009, and Mobigames confirmed that they had voluntarily withdrawn the game while considering their options. Mobigames' lawyer, speaking to Eurogamer
Eurogamer
Eurogamer is a Brighton-based website focused on video games news, reviews, previews and interviews. It is operated by Eurogamer Network Ltd., which was formed in 1999 by brothers Rupert and Nick Loman. Eurogamer has grown to become one of the most important European-based websites focused on...

, stated that "Mobigame's position is that the trademarks owned by Edge Games are not enforceable against Mobigames or any third party in respect of the distribution of the Edge game," because "there is unlikely to be any confusion or association between them and Mobigame's game" and those trademarks "are liable to be revoked".

Soon after, Edge Games published an "open letter" on its website claiming that several of the statements in the Eurogamer article were false. Mobigames' lawyers issued a response to the effect that the Eurogamer article is accurate and that Edge Games's rebuttal is false, and state that they are gathering evidence to demonstrate that communications Edge Games claims, in its rebuttal, to have made did not actually occur.

The game was eventually put back on the App Store in UK and US markets on October 7, 2009, under the title Edge by Mobigame. Speaking with Kotaku
Kotaku
Kotaku is a video games-focused blog. It is part of Gawker Media's "Gawker" network of sites, which also includes Gizmodo, Deadspin, Lifehacker, io9 and Jezebel. Named to CNET News' Blog 100, Kotaku is consistently listed in the top 40 of Technorati's Top 100...

, Papazian said, "on the legal side, (Langdell) cannot claim anything against "Edge by Mobigame" and Apple knows that, so we hope everything will be alright now."

On 26 November 2009, Edge by Mobigame was again removed from the App Store. An unnamed Edge Games representative stated "Adding 'by Mobigame' was determined not to get around infringement." On December 1, 2009, the game returned to the App Store under the name Edgy, but Mobigame soon removed it for fear that Langdell would use the legal precedent in his legal battle against EA.

In May 2010, Edge by Mobigames had returned at a $0.99(USD) price point under the name Edge. MobiGame had the following to say regarding the ongoing legal battle:

Electronic Arts petition for trademark cancellation

In September 2009, Electronic Arts
Electronic Arts
Electronic Arts, Inc. is a major American developer, marketer, publisher and distributor of video games. Founded and incorporated on May 28, 1982 by Trip Hawkins, the company was a pioneer of the early home computer games industry and was notable for promoting the designers and programmers...

 petitioned the US Patent & Trademark Office to cancel a range of registrations associated with Edge Games. EA's petition came after continued threats of legal action by Edge Games with respect to the title of EA's 2008 game Mirror's Edge
Mirror's Edge
Mirror's Edge is a single-player first person action-adventure video game developed by EA Digital Illusions CE and published by Electronic Arts. The game was announced on July 10, 2007, and was released for the PlayStation 3 and Xbox 360 in November 2008. A Microsoft Windows version was released...

, despite EA's ownership of common law trademark rights to the phrase. In a statement, EA announced that "While this seems like a small issue for EA, we think that filing the complaint is the right thing to do for the developer community." Tim Langdell responded to these claims in an e-mail statement on 30 September claiming that Edge had in fact not threatened EA with litigation and that 2009 had been spent negotiating an amicable settlement on the use of the trademark. Langdell went on to accuse EA of using the settlement talks to "play for time", and claimed that EA had abandoned efforts to register "Mirror's Edge" as a trademark in September 2008. According to a report by gaming blog Kotaku
Kotaku
Kotaku is a video games-focused blog. It is part of Gawker Media's "Gawker" network of sites, which also includes Gizmodo, Deadspin, Lifehacker, io9 and Jezebel. Named to CNET News' Blog 100, Kotaku is consistently listed in the top 40 of Technorati's Top 100...

, the USPTO database lists the trademark "Mirror's Edge" as "abandoned" as of 8 September 2009. An EA spokesman said the company had been unsuccessful in its attempt to resolve the dispute, which led to the filing of the petition. In June 2010, Edge Games filed a lawsuit against Electronic Arts over Mirror's Edge, requesting damages and a court injunction against further infringement.

On 1 October 2010 the California Northern District Court rejected the request for a preliminary (i.e. immediate) injunction. In the ruling Judge Alsup agreed with EA's assertion that Langdell had been deceiving the US patent office.

"Because plaintiff has failed to establish that it is likely to succeed on the merits that it is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in its favor, or that an injunction is in the public interest, the motion for a preliminary injunction is denied."

"Given the suspect nature of Dr. Langdell's representations to both the USPTO and the Court concerning plaintiff's current and future sales and business activities, it is an open question whether plaintiff's business activities legitimately extend beyond trolling
Trademark troll
Trademark troll is a pejorative term for any entity that attempts to register a trademark without intending to use them and who then threatens to sue others who use that mark....

 various gaming-related industries for licensing opportunities."

The court was also shown that Langdell had allegedly submitted a cover of Edge magazine doctored to include references to his own products and organisation as part of his 2004 application for continuing trademark rights to the word 'edge.' The court suggested that he could face criminal charges for these actions.

Judge Alsup continued, "EA also presents compelling evidence that there was no bona fide use of the "EDGE" mark in commerce by plaintiff, its licensees, or its predecessors in interest at all between 1989 and to at least 2003."

On 7 October 2010, it was reported that a US judge was reviewing a final judgement that would strip Langdell of his trademarks for "edge", "cutting edge", "the edge" and "gamer's edge", without any admission of wrongdoing on Langdell's part. On 11 October 2010, it was reported that Langdell was to lose his trademarks, potentially leaving him open to legal action from other companies to whom his legal threats may have incurred losses or expenses. In filings at the USPTO, it was stated that lawsuit had ended in a settlement, in which Langdell would surrender the trademarks reported previously but would not be found guilty of any wrongdoing.

Future Publishing

In 2011, it was revealed that Future Publishing, the publishers of Edge Magazine, had brought suit against Langdell for breach of contract
Breach of contract
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....

, breach of copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...

, and passing off
Passing off
Passing off is a common law tort which can be used to enforce unregistered trademark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation that causes damage to goodwill....

 through his use of the Edge magazine logo and his representations of his connection with the magazine. Future had licensed the trademark for the use of the word Edge in magazines from Langdell in 1993, when launching the magazine. The publisher bought the relevant part of the trademark from Langdell outright in 2005. In the intervening years, Future claimed, Langdell had co-opted the magazine's logo as his own, and claimed to have been involved in the creation or publication of the magazine. The action succeeded in all claims, in a decision that described Langdell's own evidence as "invention", "incredible", "totally unconvincing", and "concocted". In two lengthy missives sent to online games publications, Langdell indicated that he had lodged an appeal, placing the blame for his actions with Future and the responsibility for his loss with a "gullible" judgehttp://www.rockpapershotgun.com/2011/07/26/edge-of-our-seats-the-return-of-dr-langdell/ who had made "almost 100 errors of fact and law"http://www.eurogamer.net/articles/2011-07-28-langdell-judge-made-almost-100-errors. Future, in turn, indicated that it had not been served with any new proceedings but had received permission to pursue contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...

 proceedings against Langdell.http://www.eurogamer.net/articles/2011-07-26-langdell-faces-contempt-of-court-threat

Other

In 2001, Edge sought revocation of Namco
Namco
is a Japanese corporation best known as a former video game developer and publisher. Following a merger with Bandai in September 2005, the two companies' game production assets were spun off into Namco Bandai Games on March 31, 2006. Namco Ltd. was re-established to continue domestic operation of...

's United Kingdom trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...

 "SOULEDGE" (for the arcade game Soul Edge
Soul Edge
is a 3D arcade fighting game developed by Project Soul and published by Namco. It is the first installment in the Soul series of fighting games...

) for reasons including an alleged similarity between the EDGE and SOULEDGE marks. The opposition failed on all grounds. Nevertheless, Namco had already decided to use the name Soul Blade for the PlayStation version in the United States and Europe to avoid potential complications.

In March 2009, Cybernet Systems Corporation filed a lawsuit in Federal court against Edge. In the suit, Cybernet states that they were contacted by Tim Langdell beginning in January 2009 and that he asserted his ownership of the term "Edge." The suit also alleges that Langdell asserted his right to have the trademark for Cybernet's "Edge of Extinction" game assigned to Edge Games, and his further right to require Cybernet to enter into a paid license agreement with him due to their use of the name. Cybernet refused, and when Langdell threatened a lawsuit, Cybernet instead filed suit against Edge. "Edge of Extinction" was released in 2001, and is no longer an active game.

As of 1 June 2009, Edge Games applied for a US trademark for the phrase, "Edge of Twilight." This is the name of an upcoming steampunk
Steampunk
Steampunk is a sub-genre of science fiction, fantasy, alternate history, and speculative fiction that came into prominence during the 1980s and early 1990s. Steampunk involves a setting where steam power is still widely used—usually Victorian era Britain or "Wild West"-era United...

 fantasy
Fantasy
Fantasy is a genre of fiction that commonly uses magic and other supernatural phenomena as a primary element of plot, theme, or setting. Many works within the genre take place in imaginary worlds where magic is common...

 game that has been in development by Fuzzyeyes Studios for at least two years.

In addition, Edge has been a plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...

 in lawsuits with New World Computing
New World Computing
New World Computing, Inc. was an American computer game developer and publisher founded in 1984 by Jon Van Caneghem, his wife, Michaela Van Caneghem, and Mark Caldwell. It was best known for its work on the Might and Magic computer role-playing game series and its spin-offs, especially Heroes of...

 over their title Planet's Edge
Planet's Edge
Planet's Edge is a space science fiction role-playing video game developed by New World Computing with Neal Hallford as the lead designer. The game's plot centers on investigating the sudden disappearance of planet Earth, by venturing out into the universe from a moon base...

, Marvel Entertainment
Marvel Entertainment
Marvel Entertainment, LLC , formerly Marvel Enterprises and Toy Biz, Inc., is an American entertainment company formed from the merger of Marvel Entertainment Group, Inc. and Toy Biz, Inc....

 over their titles Cutting Edge, Double Edge, and Over the Edge, Sony Entertainment over their PlayStation
PlayStation
The is a 32-bit fifth-generation video game console first released by Sony Computer Entertainment in Japan on December 3, .The PlayStation was the first of the PlayStation series of consoles and handheld game devices. The PlayStation 2 was the console's successor in 2000...

 Edge, Edge Tech Corporation over their "The Edge" hardware, and John Coates over his EdgeGamers online community
Online community
An online community is a virtual community that exists online and whose members enable its existence through taking part in membership ritual. An online community can take the form of an information system where anyone can post content, such as a Bulletin board system or one where only a restricted...

. Edge's website also claims that the aforementioned Marvel comics, the movie The Edge, the videogame Cross Edge
Cross Edge
, is a role-playing video game for the PlayStation 3. The game was developed by Idea Factory with characters from games by Capcom, Nippon Ichi Software, Namco Bandai and Gust Corporation...

and the UK magazine Edge
Edge (magazine)
Edge is a multi-format computer and video game magazine published by Future Publishing in the United Kingdom. It is known for its industry contacts, editorial stance, distinctive anonymous third-person writing style, yearly awards and longevity....

 were all released under license from Edge Games, though it isn't clear what, if any, involvement Edge or Langdell had in these products.

Removal from IGDA board

In July 2009, members of the IGDA began circulation of a petition calling for a special meeting of the membership to vote on the removal of Langdell from that organization's board of directors citing, among other things, his use of his position on the IGDA to "work directly against the mission of the organization." In late August, the IGDA announced that a special meeting of the membership would be held on 3 October, the sole purpose of which was to vote on whether Langdell should be removed, and on 31 August 2009, Langdell resigned from the IGDA board. Langdell had served on the board since March 2009. On 13 October 2010, his IGDA membership was terminated due to his "...lack of integrity or unethical behavior, as determined by the Board of Directors."
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