[macchina]

Yes, but "Space Marine" is an extremely weak mark, and evidently it is only registered in one class of goods and services (in the US): "board games, parlor games, war games, hobby games, toy models and miniatures of buildings, scenery, figures, automobiles, vehicles, planes, trains and card games and paint, sold therewith." [1]

I don't think the claim is baseless, but I don't see how this is a must litigate scenario. I'm pretty sure they could offer a reasonable settlement and remain protected.

1.http://mcahogarth.org/?p=5075

[anigbrowl]

They don't have to litigate; they can read a reply from the publisher and say 'oh all right then.' But if a trademark holder doesn't bother to raise the issue with someone else who employs the mark, then their lack of interest can be attacked in court as constructive abandonment. I don't think any money needs to or should change hands.

As an example, I put out a book featuring space marines, nothing happens. I put out some novelty children's outfits featuring space marines, nothing happens. I put out a game involving space marines, GW (reasonably) objects that I'm infringing upon their trademark. I say in response that I put out two other space marine themed products and they didn't care, so I assumed they'd lost interest.

I wouldn't want to be seen as carrying a torch for GW here, I actually have an intense dislike of the company and its history of monopolistic tactics at consumer expense. It was cool firm until about 1984 when the MBAs took over the firsm and adopted a scorched-earth approach to all other firms in the space.

[macchina]

That makes sense.