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.
Hardcore Games originally a paper newsletter before the BBS systems emerged in the later 1980s. The single user BBS gave way to the multiuser web servers in use since.
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 UNITED STATES CONSOLIDATED CRIMINAL CODE
15 U.S. Code § 1125 – False designations of origin, false descriptions, and dilution forbidden. Link.
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.
Hardcore Games have been experiencing problems with domain registrars since we migrated to the Microsoft Azure cloud services. We used www.hardcore-games,.tk for many years but dot.tk refuses to return the domain to us. We have consequently been forced to use an Azure subdomains. hardcore-games.azurewebsites.net is now hardcoregames.azurewebsites.net, the change was in part due to Azure problems and we modernized the site with WordPress. The old domain was unavailable for 6 months but now all links redirect to this site.
KNOWN TRADEMARK INFRINGERS
Pervasive illegal use of Hardcore Game’s trademark and wordmark mean that traffic to the site has been diluted considerably. We will pursue legal rememdy for those who continue to infringe on our trademark.