Members of Reddit's
/r/gaymers community are taking legal action following a cease
and desist letter regarding their use of the trademarked term
"gaymer".
"Gaymer" -- a term for gamers who self-identify as part of the
LGBT community -- was granted as a trademark in 2007 to Chris
Vizzini who owns gaymer.org but members of the gaymers subreddit
are petitioning to have the trademark revoked on the grounds that
the term should remain in the public domain.
"For [/r/gaymers] members, many of whom have been politically
and/or socially marginalised, the term gaymer represents a
community based on a common purpose and activity," explains the petition to the US
Patent and Trademark Office. "They are proud to be members of
that community, and were surprised that [Chris Vizzini] claimed
ownership of the common term that describes it."
The group are being defended pro bono by lawyers from Perkins
Coie and the Electronic Frontier Foundation who argue that the
trademark should never have been registered.
"This registration should never have been granted," said Corynne
McSherry, a lawyer with EFF, in
a statement reported in Ars Technica. "Gaymer is a common term
that refers to members of this vibrant gaming community, and we are
happy to help them fight back and make sure the term goes back to
the public domain where it belongs."
Vizzini has responded to the legal action in a post on
gaymer.org citing a comment from another user which he said summed
up his point:
"He was the first and only person to apply for the "Gaymer"
mark, as it was in his interest to protect a property (gaymer.org)
he had invested in, upon the granting of the mark he is obligated
to protect his property when its use is infringed upon, otherwise
it could be considered implied consent or equitable estoppel."
Vizzini went on to add, "I had an idea 10 years ago, made it
happen, put the money and hours into it, the idea picked up steam
and I trademarked it. That's how the system works."
Image:
Flickr.com/
Eva Blue / CC BY 2.0