144 replies to this topic

[LordSkippy]

Asakara, on 03 February 2015 - 07:51 PM, said:

It can be, though in some cases the winning side can counter-sue for legal fees. Playmates tried this against FASA but the judge decided that FASA did not need to pay the Playmates legal team for their time. If HG filed a frivolous lawsuit against PGI and lost they may end up paying all those PGI lawyers for their time rather than PGI itself.

From the case:
"In 1996, Judge Ruben Castillo found "that FASA has established certain protectible (sic) copyright and trademark rights but has failed to prove any facts which establish liability on the part of Playmates." But feeling they brought the case in good faith, Castillo declined to force FASA to pay Playmates's legal bills."

And if the company goes under while you're waiting on the judge's decision? Getting the other company to reimburse your legal fees is all well and good. However, you still need enough money in the bank to get you to the end of the court case.

[Asakara]

LordSkippy, on 04 February 2015 - 09:06 AM, said:

And if the company goes under while you're waiting on the judge's decision? Getting the other company to reimburse your legal fees is all well and good. However, you still need enough money in the bank to get you to the end of the court case.

Though that may be a possibility in some legal cases it does not seem likely that such a thing would happen if HG frivolously sued PGI over the names of their mechs. HG does not own the word "Marauder" for example so they would have no standing to sue in the first place. Due to this any case they present along those lines would most likely be dismissed with prejudice right away.

[LordSkippy]

Asakara, on 04 February 2015 - 10:33 AM, said:

Though that may be a possibility in some legal cases it does not seem likely that such a thing would happen if HG frivolously sued PGI over the names of their mechs. HG does not own the word "Marauder" for example so they would have no standing to sue in the first place. Due to this any case they present along those lines would most likely be dismissed with prejudice right away.

Maybe in a perfect world. However, in the real world, a good lawyer can drag things out for a very long time. Having the case still pending can be a financial burden outside of court as well, as it can make investors and banks leary of investments or granting loans. Larger or more well funded companies using the threat of law suits is a common way to intimidate smaller companies.

And now we come full circle in the argument; PGI can do it, afraid of law suit, suit isn't winnable, PGI afraid of not having the funds to defend themselves, but they have a right to do it.

I want them to do it as much as anyone, but realize that just isn't going to happen. At least not until either PGI has a good war chest build up or HG suddenly changes their stance.

[1ka Musume]

Look people you crying about Marauders and Warhammers but we ain't got even single Binary Laser Cannon yet. Sigh...

[MauttyKoray]

The Hammerhands, predecessor to the Warhammer and has ballistics (AC/10 primary config) in each arm with laser backups. Only 2 are currently timeline appropriate but a third could be created with PPC main armaments, a higher engine, some additional heatsinks, and some extra torso lasers as a tribute to the Warhammer.

Edited by MauttyKoray, 04 February 2015 - 01:50 PM.