# Arcade cab vendor is trying to retro-actively trademark "MAME"

**URL:** <https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197>\
**Category:** The BBQ Pit\
**Created:** [February 21, 2005, 4:52pm UTC](https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197 "2005-02-21T16:52:03Z")\
**Posts on this page:** 11\
**Page:** 2

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**Author:** ![mobo85](https://avatars.discourse-cdn.com/v4/letter/m/b19c9b/32.png) [@mobo85](https://boards.straightdope.com/u/mobo85)\
**Post date:** [February 22, 2005, 11:32pm UTC](https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197/21 "2005-02-22T23:32:08Z")

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It does appear that IBM does not hold a trademark on the IBM name as a whole, but the stylized IBM line logo. Taking a look at the [trademark application](http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76627578), it appears that Dave Foley (!) is only trademarking the MAME logo, which consists of a stylized “MAME” with “MULTIPLE ARCADE MACHINE EMULATOR” underneath. The idea appears to be that Foley is going to sue anyone who illegally uses the MAME logo.

Scents, colors, and sounds can also be trademarked, and all trademark applications are not for exclusive rights, but for a certain field. The MAME logo is being trademarked for “Computer software that enables the emulation of multiple arcade games and their associated hardware, allowing them to run on a general purpose computer operating system.” Thus, it appears that if, say, Murray’s Albanian Mudflap Exports decided to refer to itself only by its acronym, Foley wouldn’t seek legal action unless he used the blue MAME logo, since Murray’s business has nothing to do with arcade games or computer software.

Oh yeah- as they say in webland, IANAL. Or, in layman’s terms, I am not a lawyer.

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**Author:** ![DarrenS](https://avatars.discourse-cdn.com/v4/letter/d/977dab/32.png) [@DarrenS](https://boards.straightdope.com/u/DarrenS)\
**Post date:** [February 23, 2005, 8:00am UTC](https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197/22 "2005-02-23T08:00:05Z")

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> [@Derleth](#):
>
> The doctrine of prior art doesn’t apply to trademarks like it does to patents, but you can’t trademark a name that is likely to make someone confuse you with someone else.

I’ve wondered about this before. Does this mean I could open a “Microsoft Pizza” restaurant, without fear of a nastygram from the lawyers in Redmond? (since AFAIK Microsoft is not involved in making pizza)

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**Author:** ![matt\_mcl](https://avatars.discourse-cdn.com/v4/letter/m/7ab992/32.png) [@matt\_mcl](https://boards.straightdope.com/u/matt_mcl)\
**Post date:** [February 23, 2005, 8:26am UTC](https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197/23 "2005-02-23T08:26:55Z")

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Not sure, but back in Winnipeg there was a Tandy leather goods store.

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**Author:** ![E-Sabbath](https://avatars.discourse-cdn.com/v4/letter/e/e19adc/32.png) [@E-Sabbath](https://boards.straightdope.com/u/E-Sabbath)\
**Post date:** [February 23, 2005, 11:21am UTC](https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197/24 "2005-02-23T11:21:07Z")

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Mr. Foley did not design the logo, however, did not pay for the logo to be designed, and only uses the logo in commerce as a client. This logo isn’t his to trademark.

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**Author:** ![ReuvenB](https://avatars.discourse-cdn.com/v4/letter/r/9fc348/32.png) [@ReuvenB](https://boards.straightdope.com/u/ReuvenB)\
**Post date:** [February 23, 2005, 11:23am UTC](https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197/25 "2005-02-23T11:23:42Z")

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> [@DarrenS](#):
>
> I’ve wondered about this before. Does this mean I could open a “Microsoft Pizza” restaurant, without fear of a nastygram from the lawyers in Redmond? (since AFAIK Microsoft is not involved in making pizza)

Ah, but you’d be wrong. Microsoft is currently engaged in a project known to the outside only as “Longhorn (Extra Cheese)”.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [February 23, 2005, 11:40am UTC](https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197/26 "2005-02-23T11:40:36Z")

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> [@matt\_mcl](#):
>
> Not sure, but back in Winnipeg there was a Tandy leather goods store.

Not surprising, as [Radio Shack was started as a leather goods store](http://www.radioshackcorporation.com/about/history.html):

> [@](#):
>
> The story of RadioShack begins in 1919 in Fort Worth, Texas, with a chance meeting of two friends, Norton Hinckley and Dave L. Tandy (1889-1966). During their visit, these ambitious young fellows decided to pool their resources and go into business together. Their venture, which the two gentlemen named the Hinckley-Tandy Leather Company, sold leather shoe parts (soles, heels and shoelaces) to shoe repair shops in the Fort Worth area.
> 
> Although the partners had no way of knowing it at the time, their humble beginning would evolve into RadioShack Corporation – a multifaceted, multibillion dollar company, and one of the nation’s largest retailers of consumer electronics.

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**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\
**Post date:** [February 24, 2005, 4:16am UTC](https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197/27 "2005-02-24T04:16:08Z")

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> [@DarrenS](#):
>
> I’ve wondered about this before. Does this mean I could open a “Microsoft Pizza” restaurant, without fear of a nastygram from the lawyers in Redmond? (since AFAIK Microsoft is not involved in making pizza)

You might get a nastygram and you might even get action brought against you, but you would stand a very good chance of winning in court. There’s nothing MS can point to that would in any way tie them to pizzas or you to computers, so as long as you don’t start selling software MS can suck it up.

If your delivery cars begin to crash, however… 😉

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**Author:** ![Mame](https://avatars.discourse-cdn.com/v4/letter/m/858c86/32.png) [@Mame](https://boards.straightdope.com/u/Mame)\
**Post date:** [February 24, 2005, 10:36am UTC](https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197/28 "2005-02-24T10:36:29Z")

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OI Hands off.

Or do I get a cut of any putative profits?

(rethinks) Nah, hands off on principle.

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**Author:** ![dropzone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dropzone/32/7515_2.png) [@dropzone](https://boards.straightdope.com/u/dropzone)\
**Post date:** [February 24, 2005, 3:44pm UTC](https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197/29 "2005-02-24T15:44:13Z")

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> [@DarrenS](#):
>
> (Wonder if /. is going to get “Doped”. The irony. Not that our readership would even be a blip on their radar.)

I don’t think it counts if the people are already members of both.

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**Author:** ![mobo85](https://avatars.discourse-cdn.com/v4/letter/m/b19c9b/32.png) [@mobo85](https://boards.straightdope.com/u/mobo85)\
**Post date:** [February 24, 2005, 8:49pm UTC](https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197/30 "2005-02-24T20:49:12Z")

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> [@Derleth](#):
>
> There’s nothing MS can point to that would in any way tie them to pizzas or you to computers, so as long as you don’t start selling software MS can suck it up.

“Microsoft Pizza” actually makes sense, for a pizza shop using a microwave instead of a conventional oven. Just use a slogan explaining the **micro** wave makes the pizza **soft**.

Now I wanna open a Microsoft Pizza place.

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**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\
**Post date:** [February 24, 2005, 9:09pm UTC](https://boards.straightdope.com/t/arcade-cab-vendor-is-trying-to-retro-actively-trademark-mame/291197/31 "2005-02-24T21:09:13Z")

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> [@mobo85](#):
>
> sounds can also be trademarked

Not where Harley-Davidson is concerend.

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