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Webball. Board that can be visualized as globe shaped spider web, based on dodecahedron.[All Comments] [Add Comment or Rating]
Arlen Paranto wrote on Tue, Dec 16, 2003 06:31 PM UTC:
Your use of the name 'Spiderball' violates the registered name 'Spiderball' which I own and still use commercially. Spiderall has been a registered trademark form many years and is still a maintained registered trademark,subject to trademark protection laws. <p> This is notice to stop using the name immediately. <p> Arlen Paranto<br> P.O.Box 304<br> Eatonville,Wa. 98328<br> 360-832-4314<br>

Peter Aronson wrote on Tue, Dec 16, 2003 07:52 PM UTC:
Well, you do have that right, so I will be renaming the game to 'Webball', which is not a trademark (I checked the database). Mind you, I can't see any chance of confusion between a chess variant and a hairy children's toy, so this seems like a pointless exercise on your part.

🕸Fergus Duniho wrote on Wed, Dec 17, 2003 03:56 AM UTC:
I don't think it is within our purview to change the name of somebody else's game. I know I would be p.o.'d if someone changed the name of one of my games without my permission. I suggest that you contact J.R. Schmidt and ask him what he would like to call the game if he can't call it Spiderball.

🕸Fergus Duniho wrote on Wed, Dec 17, 2003 04:39 AM UTC:
<P>I have reason to doubt that Schmidt's use of the name Spiderball is a violation of Paranto's trademark. My reason is this. Marvel Comics owns the trademark on the name Captain Marvel, yet DC has its own Captain Marvel. Marvel can stop DC from publishing a comic with the name Captain Marvel on the cover, but it can't stop DC from publishing titles like Shazam and 'The Power of Shazam,' which feature DC's Captain Marvel, because trademarks are limited in what they protect. As <A HREF='http://briefs.toddverbeek.com/archives/000064.html'>Captain Marvel vs. Captain Marvel</A>, a page I found on the subject says,</P> <BLOCKQUOTE>... trademark protection isn't nearly as broad or secure as copyright protection. It only covers 'marks' (such as logos or names) used 'in trade' (the packaging and marketing of goods and services). Think of it this way: copyright applies to the entire contents of a book, from cover to cover. Trademark applies to only the cover. That's because the cover is what shows on a retailer's display rack: the marketing part.</BLOCKQUOTE> <P>Since the Spiderball game isn't being sold at all, much less being sold on toy shelves next to the Spiderball toy, it is not part of the world of trade. If it were being sold in stores, Paranto would have every right to demand a name change. But it's not. It's just a description of a noncommercial game on a non-profit website.</P>

Peter Aronson wrote on Wed, Dec 17, 2003 05:09 AM UTC:
Fergus, <p> <ol> <li>We no longer have any contact information for JR Schmidt. <p> <li>Spiderball appears to be an abandoned game -- Schmidt never did any of the additional material for it he apparently had intended to. <p> <li>While Paranto might not win in court on this matter, ending up in court costs money. The CVP has better uses for its money. </ol> <p> Mind you, if Schmidt shows up and says he wants Spiderball changed back, I certainly will. But this is really small stuff, and life is too short to sweat the small stuff.

🕸Fergus Duniho wrote on Wed, Dec 17, 2003 05:15 AM UTC:
Under such circumstances, I support your changing the name.

🕸Fergus Duniho wrote on Thu, Dec 18, 2003 05:46 AM UTC:
Here are some thoughts I need to clear out of my head. In case certain companies ask us to rename other Chess variants, here are some suggestions. If Chevrolet ever asks me to rename Cavalier Chess, I'll call it Mustang Chess. If the usual gang of idiots ever ask us to rename Mad Chess, we can call it Cracked Chess. If Chess Records ever asks us to rename Chess, we can call it Motown.

L. Lynn Smith wrote on Thu, Dec 18, 2003 06:47 AM UTC:
Paranto may have the right to request a name change only if his
registration predates the first publication of this game.  But the term
'spiderball' has been used in other games, such as RPGs and Video.  The
argument could be made that it is a commonly used word and therefore not
subject to exclusion.

Paranto would have to prove an attempt to specifically undermine his
product, such as duplication.  But that is not his claim, only the demand
of exclusive use of the word 'spiderball'.

We could inform some of the prior users of this word that Paranto means
to
claim exclusive use.  They might be interested in challenging.

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