We claim proprietor trademark for the name “Hardcore Games” and the banner design which is present on every page on the site. We also claim proprietor trademark to “Legendary is the Only Way to Play” We also claim proprietor trademark to “After Hours. We Play Games” Registered status pending, all rights reserved.
We also claim word mark for “Hardcore Games” when used for describing our site. Word mark is legally related to trademark when used in media.
We also claim word mark for “Legendary is the Only Way to Play” when describing gameplay modes or game difficulty etc.
Passing off is a common law tort enforceable in Canada. Its also a criminal offence which contravenes several statutes.
EXCERPTS FROM THE CANADIAN CRIMINAL CODE
§406. For the purposes of this Part, every one forges a trade-mark who (a) without the consent of the proprietor of the trade-mark, makes or reproduces in any manner that trade-mark or a mark so nearly resembling it as to be calculated to deceive; or (b) falsifies, in any manner, a genuine trade-mark.
§408. Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, (a) passes off other wares or services as and for those ordered or required; or (b) makes use, in association with wares or services, of any description that is false in a material respect regarding (i) the kind, quality, quantity or composition, (ii) the geographical origin, or (iii) the mode of the manufacture, production or performance of those wares or services.
§409. (1) Every one commits an offence who makes, has in his possession or disposes of a die, block, machine or other instrument designed or intended to be used in forging a trade-mark. Saving (2) No person shall be convicted of an offence under this section where he proves that he acted in good faith in the ordinary course of his business or employment.
EXCERPTS FROM THE UNITED STATES CONSOLIDATED CRIMINAL CODE
15 U.S. Code § 1125 – False designations of origin, false descriptions, and dilution forbidden. Link.
We have long experienced problems with domain registrars.
OTHER KNOWN INFRINGERS
Occasionally we encounter problems from those who do not take the time to research business names.
Please see the trademark settlement information for closed matters.
The brawl.com site is focused on the game Minecraft which is a very popular title. They operate a web site forun which is popular but they are infringing on our trademark with the area name to wit:http://www.brawl.com/forums/270/ Google page ranks this infringer higher than our site which is very dilutive to our word mark and trade mark.
We have contacted the operator of the site several times and so far they have ignored our DCMA request. enom.com is the registrar for the domain registration but the registrant is hidden from whois.The web site is evidently hosted by http://www.ovh.com
We are now considering having brawl.com taken down as they have refused to change their forum naming. We have complained over copyright and trademark infringement to the web host.
We have also contacted the Quebec justice dept who can enforce the law.
The minecraft-mp.com site is focused on the game Minecraft which is a very popular title.
- email@example.com (Guillaume Hausser)
We have contacted the operator of the site several times and so far they have ignored our DCMA request. The site is hosted by cloudfare and the registrar is http://www.gandi.net
We have complained over copyright and trademark infringement to the web host and the registrar. Cloudfare is well known to be problematic with DCMA requests.
The venturebeat site is focused on the game game reviews which infringe and dilute our site. The using a site tag which is very dilutive to our site. They operate a web site foruM which is popular but they are infringing on our trademark with the area name to wit:http://venturebeat.com/tag/hardcore-games/
Google page ranks this infringer higher than our site which is very dilutive to our word mark and trade mark.
We have contacted the operator of the site several times and so far they have ignored our DCMA request.
We are now considering having the site taken down as they have refused to change their forum naming. We have complained over copyright and trademark infringement to the web host.
We have file a trademark complaint against this infringement of our trade works.
Valve has responded to the complaint and we have served them with DCMA complaint. The infringing community page now shows a DCMA complaint has been lodged.Valve demands a faxed copy or a mailed copy of the trademark complaint.
PO Box 1688
Bellevue WA 98009
The letter must include your valid trademark registration number(s)
americanhardcoregames.com has been using our trademarked name burried in their domain name
there is no posted contact information on the site, so we have attempted to take down the domain, they have refused so far
The registrar has been contacted in an effort to identify the operator of this site.
Many videos from minecraft enthuiasts are using our word mark and we have complained several times to no available. Alphabet (Google) does not seem to be concerned with dilutive videos, We note that Youtube also is loaded with millions of infringing videos.