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He’s back: Edge Games’s Tim Langdell goes after Killer Edge Racing

Round two

Product: Killer Edge Racing | Developer: Video Mind Games | Genre: Racing
For: iPhone
Killer Edge Racing iPhone, thumbnail 1
After acclaimed iPhone puzzle game Edge returned to the App Store a few weeks ago - Tim Langdell’s lawyers having apparently “fled” - we hoped for the best. Mobigame’s David Papazian gave a stirring account to Eurogamer.

"More and more companies who are suffering from Tim Langdell are joining the fight. It is just the beginning. But it is a strong signal to everyone,” he said. “As you may know, EA engaged a legal action against him and we believe that more companies will follow.”

Having rejoiced, Papazian fired off cautionary shot in Langdell’s direction. “It reminds me the story of Leo Stoller, another trademark troll who finished his career in jail."

It was a happy day for those in the video game blogosphere who find Langdell’s activities reprehensible, not least because it seemed distinctly possible that Mobigame’s apparent victory would bring them to an end.

Sadly not. Nalin Sharma, creator of the iPhone game Killer Edge Racing, has been in touch with Pocket Gamer to reveal that Langdell has merely redirected his gaze. According to Sharma, Langdell has written to Apple in an attempt to get Killer Edge Racing taken down.

Moreover, perhaps most surprisingly of all, Langdell has allegedly moved to register “Killer Edge Racing” and “Killer Edge Racers” as trademarks in the US.

Sharma has gratefully engaged the services of Sheridans Solicitors, who have already responded to Langdell’s letter to Apple. Sheridans’s notice cites a number of challenges, summarised in part below:
  • Dr Langdell has a federal trademark application for “EDGE” in class 9 which is not registered and is presently suspended and subject to a well merited challenge by Electronic Arts, Inc, and therefore unenforceable.
  • “EDGE” is class 16 covers only printed matter and is therefore not enforceable in respect of computer games.
  • The trademark “THE EDGE” is unenforceable against “KILLER EDGE RACING” as the two titles differ with respect to the former containing ‘the’, and the latter containing ‘edge’ and ‘racing’.
  • In any case, Dr Langdell's US trademarks are liable to be revoked on the grounds of non-use for five years. Moreover, the “EDGE” trademark application in class 9 may be opposed on the basis of having been filed in bad faith.
  • Dr Langdell’s UK trademarks are currently the subject of revocation proceedings on the grounds of non-use, and there's a very real possibility that he'll lose them in the UK and the US. Dr Langdell cannot ask for an App to be removed from the App Store on the basis of trademarks that are likely to be revoked.

The letter goes on to cite Dr Langdell’s history, saying, “Dr Langdell has persistently and ineffectively pursued a number of companies for their use of the term “Edge” in their products.”

To many, this might seem like a fitting entry for Tim Langdell in the Who's Who? of the video game industry.

Nalin Sharma has also responded to Tim Langdell’s letter to Apple, pointing out that it contained a “number of inaccuracies”. Sharma demonstrates that the history of Killer Edge Racing - title and all - goes all the way back to 2004, long predating Langdell’s visible intention to make a racing game.

The key inaccuracies as Sharma seems them are, in his words:
  • That they wrote to me on several occasions - in fact they wrote only once, which I decided to ignore after coming to the conclusion that TL is not capable of acting in a reasonable way
  • That EA asked me not to reply to TL - this is blatantly untrue and a complete fabrication
  • That Killer Edge Racing infringes on “EDGE Racers”. There is no scope for confusion between the two names at all
  • That Killer Edge Racing is causing damage to Edge Games - this is completely without evidence and any foundation

So, there we have it. He’s back. More on this story later.

Reviewer photo
Rob Hearn 4 November 2009
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