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The New Hampshire court has ruled on the Battle Foam v. Outrider Hobbies trademark infringement case.

More on Living Dice:

http://www.livingdice.com/4759/battle-foam-v-outrider-hobbies-trademark-case-the-judge-ruled-and-the-case-is-over

Parenthetically, the court suggests that prior to refiling this complaint in another forum, Battle Foam and its counsel might give serious consideration to the legal claims they are advancing, as well as the factual allegations leveled against Wade to ensure that they are supported by legal authority and an evidentiary basis (e.g., allegations that Wade “intentionallyd directed [his] tortious activities toward New Hampshire,” Complaint at para. 6; that Wade and Outrider Hobbies, “using Battle Foam’s misappropriated trade secrets, have introduced products of inferior quality to the marketplace under the FOAM CORPS mark that consumers believe to be Battle Foam products,” id. at para. 23; that Wade “surreptitiously obtained access to and/or information from Battle Foam’s industrial facility and misappropriated trade secrets . . . which are the subject of Battle Foam’s ‘410 patent application,” id. at para 21; etc.). As currently developed, the record in this case contains some suggestion that Battle Foam’s evidence of consumer confusion regarding the parties’ respective marks may be suspect. And, there is a reasonable basis to question why this suit was filed in this forum. At a minimum, a bit of sober reflection by Battle Foam and its counsel would seem to be in order.

Looks like Romeo got told to shut up and stop whinging!

Now. This is an interesting challenge to the various podcasts supported financially by Battlefoam... Will they report this news? And if they do, will they be tempted to spin it?

Those that have the courage to do so get my vote! I'm not saying Romeo would tell them to stop, but will they self-censor?

Nice call, judge! I have been saying the same thing all along... Show me the evidence of wrongdoing, and I'll gladly support you. Talk a bunch of smack, and I'm less likely to believe you, and definitely not going to support you.

Romeo, grow up. People bite other people's ideas all the time. If you truly have the superior product and service, you don't need to go to court to prove it.

A proper end to unnecessary drama. Or is it?

Anyway, common sense prevails.

Has someone already made the "Begun, the Foam Wars have" joke?

from a thread on the same topic, kudos to Mr. Kroothawk

Here are the original documents for your examination.

Battle Foam v. Outrider Dismissal Order :
http://www.livingdice.com/wp-content/uploads/2010/06/Battle_foam_outrider_dismissal.pdf

Battle Foam Owes Costs to Outrider Hobbies
http://www.livingdice.com/wp-content/uploads/2010/06/battle_foam_must_pay_costs.pdf

Trask, The Last Tyromancer
http://www.livingdice.com/4759/battle-foam-v-outrider-hobbies-trademark-case-the-judge-ruled-and-the-case-is-over/

Here a previous thread on this case: http://www.dakkadakka.com/dakkaforum/posts/list/286971.page#1452218




As both parties are members of Dakka (Sgt Diablo for Battle Foam, outriderhobbies for Outrider Hobbies), I ask everyone to be polite in this thread and keep heated discussions out of it, as the case is settled for now.

whatever... I took a look at this outrider hobbies... the website alone is enough to convince me to buy from battlefoam, at least they have the common sense to hire a webdesigner who knows what he's doing.

also, its kind of sad, that they don't bother designing their own carrying system, but rather piggyback off the design of battlefoam. Offering ONLY trays, instead of a complete system, its pretty obvious that they are planning on cashing in on customers of battlefoam, rather than display any kind of innovation on their own. Maybe I'd respect them more if they showed an inkling of initiative and developed a product that actually enhanced the gaming hobby, rather than leeching off the success of another like a parasite.

Further, the cost difference between the two is mitigated by battlefoam being available at local stores, as well as discounts offered by battlefoam occasionally to customers (I took advantage of the 25% off + free shipping last black friday).

The court decision only states that the court doesn't have jurisdiction over the case, not that the case is invalid (though it suggests battlefoam re-examine its case before re-submission). This doesn't mean that battlefoam itself is in the wrong for bringing suit against outrider hobbies, but should choose a more local court to bring the case before.

The damage done to battlefoam through inferior products being available from a similar manufacturer extends beyond the sale of cases from the legitimate websites. Because the products are so similar, and wargaming cases are so often sold on e-bay, its entirely possible these cheap knock-offs will be mis-represented at that time, and because they are so similar, it will damage the reputation of battlefoam.

I'd hope that Romeo will not give up, and let someone without a shred of an independent thought make money off his ideas. I'm not affiliated with battlefoam in any way, other than that of a supporting customer, and will continue to be.

Osbad wrote:Beatcha by 20 minutes
http://www.dakkadakka.com/dakkaforum/posts/list/303055.page

I may have been ninja'd, but my post got quoted ... in red
(*mental note to myself: post first, then edit*)

pwned



GG

So does this mean foam wars are over? If so good news... better they concentrate more on foam and less on wars... because, for example, Kr multicases are getting really competitive and a much more viable foam solution around here.

Yakface or the other mods can re-open, but I am closing as this will start a flamewar and both are contributors to this site. TMI!!!