"Superbad" movie infringing 3D Realms' "Come get some" trademark?

[KaiserSoze]

I browse Dark Horizons and you can't help but notice the huge "Super Bad" movie link on the front page. What's interesting is the "Come get some" tagline.

http://www.darkhorizons.com

3drealms has that saying trademarked therefore it appears Sony Pictures is infringing the mark.

Thoughts?

They do indeed have the phrase trademarked:

Word Mark COME GET SOME
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed matter, namely, magazines, periodicals, newsletters, news sheets and news bulletins featuring computer game characters; children's coloring, fictional, and action books featuring computer games and characters; gift and greeting cards; newspapers and magazine comic strips; print, strip and newspaper cartoons; stationery; posters; comic books; stickers and stick-on tattoos; facial and bathroom tissues. FIRST USE: 19960500. FIRST USE IN COMMERCE: 19960500

Registration Date March 20, 2001
Owner (REGISTRANT) Apogee Software, Ltd. general partner: Action Entertainment Software, Inc., which is a corporation organized under the laws of the State of Texas. LIMITED PARTNERSHIP TEXAS 1661 Northwest Highway Garland TEXAS 75041
Attorney of Record Rochelle D. Alpert
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

[Kennerado]

I doubt its even worth the trouble contesting it. 3DR would clearly have a case though.

[KaiserSoze]

Originally Posted by Kennerado

I doubt its even worth the trouble contesting it. 3DR would clearly have a case though.

Well it's entirely up to the company that has the trademark registered to pursue it or not and police it's use.

If the trademark is not aggressively enforced, the mark risks become diluted.

In this case, since the mark is being used in print media to promote another company's form of entertainment, I'd argue that 3drealms has every right to send Sony a cease and desist letter asking them to stop using their trademarked phrase.

The first thing I thought of when I saw the phrase was "Hey, that's 3drealm's trademark phrase!"

And you can bet your last dollar that if 3drealms would advertise DNF using unauthorized Sony trademarks, they'd be getting cease and desist letters.

Again though, what 3drealms decides to do or not do is entirely up to them as they are their own trademark enforcer.

[Tea Monster]

I was just happy to see that someone other than us remembered Duke Nukem

[Joe Siegler]

I'm no expert here, but I don't think this is an issue.

See 3D Realms, Max Payne, and "Bullet Time".

It's only relevant when the "media" is the same. Why do you think the Matrix people couldn't use the phrase "Bullet Time" in their own Matrix games? We got it first. But my point here is you're talking about a movie. This is a game. I don't think it's a problem. IT wasn't before with Max & Bullet Time.

The first thing I thought of when I saw the phrase was "Hey, that's 3drealm's trademark phrase!"

That's because you've trained yourself to look for meaning in things to try and find some "news".

[GivingEverything]

Word Mark COME GET SOME
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed matter, namely, magazines, periodicals, newsletters, news sheets and news bulletins featuring computer game characters; children's coloring, fictional, and action books featuring computer games and characters; gift and greeting cards; newspapers and magazine comic strips; print, strip and newspaper cartoons; stationery; posters; comic books; stickers and stick-on tattoos; facial and bathroom tissues. FIRST USE: 19960500. FIRST USE IN COMMERCE: 19960500

Someone stop me before I go brain-dead at the mere thought of that.

[Kristian Joensen]

Joe, indeed, I was gonna make that point. In the trademark system there is a system of categories, so one company can own a trademark in one category while another can own it in another category. It gets a bit more complicated than that, among other reasons because of the concept of Famous Marks(Which according to this source are the only ones that are protected against dilution, which is the concept that KaiserSoze brought up).

GivingEverything, then you should see their "Duke" trademark it is QUITE extensive.

[rockmanekuzu8]

Yeah I agree with Kaiser on this and I don't like that movie any ways. It's up to 3DR by the way to do something or not. BTW IMO Duke is the only worthy of saying Come Get Some! Thanks and later dudes!

[KaiserSoze]

Well we can end the discussion as Scott Miller has said as it's being used in a different medium, it doesn't affect them.

[Kristian Joensen]

Where did he say that ?

[GivingEverything]

Originally Posted by Kristian Joensen

GivingEverything, then you should see their "Duke" trademark it is QUITE extensive.

I wasn't referring to the complexity of the trademark itself. This one is peanuts compared to others I've seen.

I'm referring to seeing "Come Get Some" on a sheet of toilet paper.

[Kev_Hectic]

Originally Posted by Tea Monster

I was just happy to see that someone other than us remembered Duke Nukem

Some people forget that 3DR took the line "come get some!" from the movie Army of Darkness ...

http://youtube.com/watch?v=tR2Ivag45tY

Originally Posted by Joe Siegler

I'm no expert here, but I don't think this is an issue.

See 3D Realms, Max Payne, and "Bullet Time".

It's only relevant when the "media" is the same. Why do you think the Matrix people couldn't use the phrase "Bullet Time" in their own Matrix games? We got it first.

Did the Evil Dead games have this problem when they wanted to re-use some of the "Ash" one liners?

[C. M. Dratz]

"Come get some" the toilet paper!

[KaiserSoze]

Originally Posted by Kristian Joensen

Where did he say that ?

To me.

[Kristian Joensen]

Okay, thanks for the info.

I wasn't referring to the complexity of the trademark itself. This one is peanuts compared to others I've seen.

I'm referring to seeing "Come Get Some" on a sheet of toilet paper.

Yeah I know, but as a consequence of its rather large amounts of categories the "Duke" trademark covers alot of IMO rather weird stuff.

[Rider]

Hmm I'm trying to find that Kristian... but I'm having some trouble, can you link it?

-

Hey I was just wondering something, what if the Duke nukem movie ever gets released... does that mean 3Drealms can no longer use 'come get some' as a tagline, because this movie used it first?

[Maruno]

They've got plenty more catchphrases to turn into taglines.

"It's time to kick ass and chew bubblegum..."

...would be the best alternative. NB. NOT including the "...And I'm all out of gum" bit on the end.

[DeeperThought]

Originally Posted by Maruno

They've got plenty more catchphrases to turn into taglines.

"It's time to kick ass and chew bubblegum..."

...would be the best alternative. NB. NOT including the "...And I'm all out of gum" bit on the end.

Duke: "It's time to kick ass or chew bubblegum, and I'm all out gum..."

You see, that's "OR" chew bubblegum, not "AND". The joke doesn't even work if you replace it with "AND". And then you suggested removing the punchline for no apparent reason.

[Valherran]

[QUOTE=Joe Siegler;577510]It's only relevant when the "media" is the same. Why do you think the Matrix people couldn't use the phrase "Bullet Time" in their own Matrix games? We got it first. But my point here is you're talking about a movie. This is a game. I don't think it's a problem. IT wasn't before with Max & Bullet Time.QUOTE]

The only person who used "bullet time" before you guys did, was Madness by Matt krinkels

[Altered Reality]

Originally Posted by DeeperThought

Duke: "It's time to kick ass or chew bubblegum, and I'm all out gum..."

You see, that's "OR" chew bubblegum, not "AND". The joke doesn't even work if you replace it with "AND". And then you suggested removing the punchline for no apparent reason.

Actually, he DOES say "and". Listen again.

[DeeperThought]

Originally Posted by Altered Reality

Actually, he DOES say "and". Listen again.

Duke, you knucklehead! You were supposed to say OR. OR, damnit!

P or Q
Not Q
______
P

It makes a nice disjunctive syllogism with an unstated conclusion if he says "OR", which is hilarious when Duke says it. Now it's forever ruined. I mean, if it's time to do both (and), then there's no real significance to being all out of gum, since it was already time to kick ass anyway.

This reminds me of when Neil Armstrong flubbed his line when stepping on the moon. He was supposed to say, "A small step for a man, a giant leap for mankind". Instead, he left out the "a" in "a man", and said "A small step for man...". Since "man" and "mankind" mean the same thing in that context, his line completely lost its meaning. Similarly, Duke's mistake of saying "AND" instead of "OR" was pretty horrible.

[Retodon8]

Originally Posted by DeeperThought

The joke doesn't even work if you replace it with "AND".

Sure it does; it works a lot better that way.
If it was "or", and one thing (gum) wasn't an option... that's just not funny.
My opinion anyway.

[Kalki]

Originally Posted by Retodon8

Sure it does; it works a lot better that way.
If it was "or", and one thing (gum) wasn't an option... that's just not funny.
My opinion anyway.

I agree. Duke likes to do both and when deprived, all he's got left for solace is the ass-kicking.

[Joe Siegler]

Originally Posted by KaiserSoze

Well we can end the discussion as Scott Miller has said as it's being used in a different medium, it doesn't affect them.

*COUGH*

[IwantMORE]

Come one 3DR have 'borrowed' so many things in DN3D that it's unlikely they would try and sue anyone!

[Mia Max]

"It's time to kick ass and chew bubblegum, and I'm all out of gum."

I read that sentence in Stephen King's "Nightmares and Dreamscapes".
I read the german translation of the book, but I guess in english it's totally the same sentence.
The book was released in 1993.

[IwantMORE]

Originally Posted by Mia Max

"It's time to kick ass and chew bubblegum, and I'm all out of gum."

I read that sentence in Stephen King's "Nightmares and Dreamscapes".
I read the german translation of the book, but I guess in english it's totally the same sentence.
The book was released in 1993.

It's much older that that, try They Live 1988

[DeeperThought]

If anyone wants a dose of deja vu, here's a link to an archived 3DR thread where they are having exactly the same discussion! Some guy makes the same point I did about how it should be "or", and then some other people disagree. In the old thread, the quote is attributed to Ash from Army of Darkness and also to a John Carpenter movie! LOL, is there anyone who didn't say this line?

http://forums.3drealms.com/vb/archiv...p/t-12690.html

[theplease]

The way I see it, if it's time to kick ass AND chew bubble gum, he would have to divide his efforts, perhaps 80 % on kicking ass, and 20 % chewing bubble gum, give or take plus or minus 5 % on either side. This also understands that since he mentions something as trivial as chewing bubble gum, he won't lose focus with any other activities, meaning he will only be kicking ass AND chewing bubble gum, and nothing else. But if he's all outta gum, he can effectively concentrate 100 % on kicking ass, which then really does emphasize the act of kicking ass. I hope this helps.

[GivingEverything]

Originally Posted by theplease

The way I see it, if it's time to kick ass AND chew bubble gum, he would have to divide his efforts, perhaps 80 % on kicking ass, and 20 % chewing bubble gum, give or take plus or minus 5 % on either side. This also understands that since he mentions something as trivial as chewing bubble gum, he won't lose focus with any other activities, meaning he will only be kicking ass AND chewing bubble gum, and nothing else. But if he's all outta gum, he can effectively concentrate 100 % on kicking ass, which then really does emphasize the act of kicking ass. I hope this helps.

Good explanation.
Mind you, I've never SEEN Duke chew bubble gum. Perhaps that was back in his soap opera days.

[Sang]

Originally Posted by theplease

The way I see it, if it's time to kick ass AND chew bubble gum, he would have to divide his efforts, perhaps 80 % on kicking ass, and 20 % chewing bubble gum, give or take plus or minus 5 % on either side. This also understands that since he mentions something as trivial as chewing bubble gum, he won't lose focus with any other activities, meaning he will only be kicking ass AND chewing bubble gum, and nothing else. But if he's all outta gum, he can effectively concentrate 100 % on kicking ass, which then really does emphasize the act of kicking ass. I hope this helps.

I laughed my ass off at this

[Maruno]

Originally Posted by GivingEverything

Good explanation.
Mind you, I've never SEEN Duke chew bubble gum. Perhaps that was back in his soap opera days.

That's because he was all out of it.

That explanation theplease gave was exactly what I was thinking of.

[dukewannabehs]

by the looks of it that movie has nothing on the Dukester so I wouldnt warrie about that crappy movie taking clame of the great fraise

[Retodon8]

What theplease said.
Also just chewing gum isn't even an option; aliens are stealing's Earth's chicks, so obviously it's Duke's duty to kick ass.
If he was contemplating chewing gum and leaving it at that, that's just weak.
Again, plus what theplease said.

[Dead Chief]

He never said that he would Kick ass OR chew bubble gum, he said "Kick ass AND chew bubble gum".

[Retodon8]

He who?

[Sang]

Perhaps Duke chewed the gum AFTER he had killed the Cycloid Emperor (and after he did the girl)

[Hudson]

"Come get some" is EViL DEAD

[bubba]

Originally Posted by Dead Chief

He never said that he would Kick ass OR chew bubble gum, he said "Kick ass AND chew bubble gum".

Now I'm getting angry..you wont like me when i'm angry.

As a point of fact, I feel it my duty to stress once again that he DID NOT say that.

If you are refering to They Live movie, he said
"I have come here to chew bubblegum and kick ass...and I'm all outa bubblegum".

He wanted to do the chewing and the kicking NOT the kicking and the chewing. GET IT THE RIGHT WAY ROUND.

See link to the proof, the facts, the end.
http://myweb.tiscali.co.uk/iclmail/its_time_to.wmv

Bubba

[Dead Chief]

Who's talking about that? I'm talking about Duke.