Polyglot Volume 4 Issue 18

Polyg lot ™ Volume #4
Issue #18
The language of gaming
DOJ Inc. Announces Acquisition of Majority Share in

Indie Press Revolution
New York City, NY — DOJ Inc. is proud to announce that of IPR, who will be remaining in that position. “They have an
they have closed a deal to acquire a majority share of Indie excitement about IPR that I relish, and I'm looking forward to
Press Revolution, the industry’s leading direct-sales network the future they'll bring to this company.”
of high-quality small press game publishers, and will be taking “DOJ Logistics has already been providing IPR and its
over administrative operations of the company publishers complete shipping and warehousing
beginning July 1st, 2010. The minority shareholders services since August 2008,” said DOJ Logistics
have all approved the sale and will be retaining Director Jason Walters, “so both the publishers
their ownership shares in the company. and the customers of IPR should receive the same
“I'm delighted to be taking over a sales fine service they've come to expect.”
organization with the brand strength and reputation for “DOJ Inc has been providing IPR great service and over
quality that IPR has built over the last several years,” says the years we have developed a close relationship with the
Darren Watts, President of DOJ Inc. “IPR has a very strong warehouse staff. I can’t think of any better partner for IPR
business model and has done an outstanding job representing to help the business grow and thrive in the years to come,”
its client creator-publishers, and we intend to carry forward said Brennan Taylor, owner of Galileo Games and outgoing
with the same philosophy in order to bring great new games President of IPR. Mr. Taylor is retaining a minority share
to the public from the cutting edge of game design.” in IPR, as well as remaining a client publisher, and will be
“I'm excited to be working with Darren, Jason, and the assisting DOJ in the transition.
rest of the DOJ team,” said Ryan Macklin, General Manager
About Indie Press Revolution ideas and visions together in a cooperative environment. Press, Pelgrane Press, and Galileo Games, to name only publishers of Champions and other roleplaying games
IPR sells exclusively to retailers and the public through a few. using the award-winning Hero System, and of DOJ
Indie Press Revolution is a consolidation house their web site, at www.indiepressrevolution.com. They Logistics, providing warehousing and shipping services to
and direct-sales network of quality small press game currently represent over ninety outstanding independent About DOJ Inc. the tabletop gaming industry.
publishers, dedicated to establishing a community in small publishers, including such industry standouts as
which creator-publishers can flourish and share their Cubicle 7 Entertainment, Evil Hat Productions, Arc Dream DOJ Inc. are the owners of Hero Games, Media Contact: Darren Watts darren@herogames.com
Traditional Star of Terminator: The Sarah Connor Chronicles and Publishing Industry Info and Tips from BookMasters_ _ 88
DOJ Inc. Announces Acquisition of Majority Share in Indie Firefly!_ ____________________________________ 59 Preview of Traveller Compendium 1_ ______________ 89
Press Revolution_______________________________ 1 ICE News___________________________________ 60 Important Info about Necronomicon Game Day!_ ____ 89
Michael H. Cook: 1950 – 2010_____________________ 2 Signs & Portents 82 – Free to Download Now________ 60 Mutants & Masterminds Hero’s Handbook__________ 90
Hasbro Comments on Market Rumors______________ 2 News from 0one Games_________________________61 Arcana News_ ________________________________91
2010 Origins Awards Winners_____________________ 3 News from SWA______________________________ 62 MFG4521 Automobile by Martin Wallace____________ 93
Thousand Suns: Starships is available for pre-order! ____ 4 SSDC Monthly Report_ ________________________ 62
Electronic
Upcoming HârnQuest release Dead Weight__________ 4 Newest Featured Reviews from DriveThruRPG.com__ 63
TGC – The Games Company secures worldwide
The newest documents in the Palladium Lawsuit_ _____ 5 Newest articles from SelfPublishing.com____________ 66
distribution rights to Alpha Polaris_ _______________ 94
Final Judgment: Wizards of the Coast V. Dewayne Clifton_51 Battle Foam v. Outrider Hobbies trademark case ruling_ 67
Upper Deck Debuts Thomas & Friends™ Trading Cards!_56 News from The Forge__________________________ 84 In-game screenshots and video for CMSF NATO______ 95
Hex Games Releases QAGS Cops & Robbers_ ________57 New – Lone Wolf and Traveller___________________ 85 Tech News from ZDnet_ _______________________ 96
Exclusively From Avalanche Press__________________57 Counter Terrorism Adventure PDF _______________ 86 From DFC Intelligence_ ________________________ 97
Tips from About.com__________________________ 58 Margaret Weis Productions Reaches Out to Retailers Empires of Steel Full Game Replay downloads_ ______ 99
New Lanchester Picture_ _______________________ 59 Directly____________________________________ 86 News from GameIndustry.com___________________ 99
New guest for Fan Expo Canada: actress SUMMER GLAU, D&D 4e Dungeon Master’s Token Set – Now in Stock__ 87 Legal notice regarding the content of Polyglot™_ _____ 101
A free publication by Polymancer® Studios, Inc..

20 Weredale Park, Westmount QC, H3Z 1Y6 CANADA
(514) 667-1585 (Canada) • Skype: Polymancer • Twitter: Polymancer
polyglot@polymancerstudios.com, www.polymancer.com
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Michael H. Cook: 1950 – 2010
TSR Executive was the first publisher of Dragon and Dungeon magazines
Few people outside the community of former TSR workers know about the role that was played by Mike Cook in the
early development of the hobby. His was a time when roleplaying games could carry a company and dozens of employees.
Countless people are lost in that mass, their individual efforts all but forgotten.
When Mr. Cook is referred to as the “publisher” of Dragon and Dungeon magazines, it must be remembered that this is ™
distinct from the reference to the company, TSR, as the publisher. Rather, the word refers to the person who is in charge of all
business management for a magazine, all business not related to its editorial content. In order to be such a person, Mike Cook
had to have a lot of faith in the very idea that roleplaying games could inspire enough creative thought in order to sustain such
an endeavor. There had been wargaming magazines for some time before Dragon, but making an RPG magazine was bringing
untried, untested content to the medium. Even if it was not Mr. Cook’s idea, the drive and the confidence that he needed in
order to make this work had to be very strong.
It also bears mentioning that Cook’s time with Dragon was the time when the magazine was open to games other than
D&D, genres other than fantasy. It was a time when it was not a mere house organ for promoting D&D. True, his was an
era of the RPG company as a going concern, but it was not an era of companies that played it safe. Mike Cook should be
remembered as a figure of a better, vanished time for the hobby and the business.
Michael H. Cook passed away, at the age of 60, on June 7, 2010, from complications of diabetes. The staff of Polyglot and
Polymancer® Studios, Inc., express their deepest condolences for Mr. Cook’s friends and family. May they know that his work
is appreciated and that he will not be forgotten.
— The Observer
Hasbro Comments on Market Rumors

Pawtucket, RI—Hasbro (NYSE:HAS) stated that it is not having any discussions regarding the sale of the company.
Hasbro confirmed that it had been approached by a private equity firm regarding a transaction, and said that its Board of
Directors determined that there was no interest in pursuing such transaction.
The above is the entire press release of Hasbro regarding the recent attempt to acquire the company. Fans of the game hobby will be aware
that Wizards of the Coast, publisher of Dungeons & Dragons™ and Magic: The Gathering™ is a wholly owned subsidiary of Hasbro.
It bears mentioning that further attempts are possible, such as by upping the offer or by offering to purchase shares above their current market
value (a so-called “hostile takeover”). Interest in Hasbro undoubtedly has more to do with such intellectual properties as Transformers and
GI Joe, than it does with D&D™ or Magic. Popular though the game properties might be, it is Hasbro’s other properties that generate more
revenue and more interest by Hollywood. This difference is important to remember because new ownership might consider Wizards
of the Coast and its various games to be not valuable enough to be worth keeping. Wizards could be closed down, along with all of its
product lines. There is precedence for this, as when the Topps Corporation was bought out by a similar “private equity firm” in recent years,
whereupon the new owners promptly closed down Topps subsidiary WizKids; the makers of Clix were only recently re-acquired.
The potential damage to the game retail market from such a move involving Wizards is not to be understated. Readers are encouraged to
stay vigilant about these matters.
— The Observer
“The Observer” is a byline used by various staff and freelancer writers associated with the Polymancer Group and its family of companies and publications. The opinions expressed by The Observer do
not necessarily reflect those of the company or its owners and are merely offered here to provide perspective on developing news of note in the hobby game and related industries.
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2010 Origins Awards Winners
On behalf of Game Manufacturers Association
and the Academy of Adventure Gaming Arts &
Design, the 36th Annual Origins Award winners
of 2010 are:
Best Historical Miniature Figure or Line ™

Wings of War: Albatross D.III
By Nexus Editrice
Best Historical Miniature Game Rules

Supplement
Flames of War: North Africa

By Battlefront Miniatures, LTD.
Best Historical Miniature Game Rules Best

Role Playing Game Supplement
Wings of War: WWII, Deluxe Edition
By Nexus Editrice, designed by Andrea Angiolino & Pier Big Damn Heroes Handbook
Glorgio Paglia By Margaret Weis Productions, designed by Cam Banks,
Jennifer Brozek, Jim Davenport, Jason Durall, Tony Lee,
Best Historical Board Game Nathon Rockwood & Clark Valentine
Conflict of Heroes: Storms of Steel! By Academy Games, Best Role Playing Game
Designed by Uwe Eickert, John Hill & Da byna Lombardy
Eclipse Phase
Best Game-Related Book By Catalyst Game Labs/Posthuman Studios, designed by
Rob Boyle & Brian Cross
BattleTech: 25 Years of Art & Fiction
By Catalyst Game Labs, written by Randall N. Bills, Jason Best Children’s, Family or Party Game
Schmetzer & Matt Heerdt
Are You The Traitor?
Best Game Accessory By Looney Labs, designed by Andrew Looney
Knights of the Dinner Table Best Traditional Card Game

By Kenzer & Company, designed by Jolly R. Blackburn
Poo
Best Miniature Figure or Line By Catalyst Game Labs/Labs/WildFire, LLC., designed by
Matthew Grau
Marvel HeroClix Hammer of Thor Expansion
By WizKids, designed by Eric Englehard, Kelly Bonilla, Jake Best Board Game
Theis & James Szubski
Space Hulk
Best Miniature Game Rules By Games Workshop
BattleTech: Strategic Operations Congratulations to all of the winners!

By Catalyst Game Labs, designed by Herbert A. Beas II &
Randall N. Bills
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Thousand Suns: Starships is available for pre-order!
Beginning June 29, 2009, you can now pre-order Thousand Suns: Starships direct from the
publisher.
Thousand Suns: Starships is a supplement that provides expanded options for starships
— construction, operation, combat, and more. Fully compatible with the revised Thousand
Suns Rulebook, Starships gives players and Game Masters alike the tools they need to build
™
and utilize any starship they can imagine, from fast, maneuverable fighters to mammoth
dreadnaughts. Designed to add depth without unnecessary complexity, Starships is an
invaluable resource for any Thousand Suns campaign.
Details:
Price: $12.99 (print)/$6.99 (eBook/PDF)

Page Count: 170 page
RGG 1040 Size: 6"x9” b&w softcover
To order, click here.
Upcoming HârnQuest release (coming in July):

Dead Weight
Dead Weight is an introductory adventure for HârnWorld. The PCs
find themselves leaving Rethem aboard the Sea Hag, a sailing vessel
bound for the neighboring kingdom of Kanday. Faced with an offer they
cannot refuse, can the characters overcome their enemies and seize new
opportunities or will they end up as Dead Weight?
And beyond Dead Weight…

The theme of the year has been Rethem, setting the stage for the
release of the new edition of that kingdom module this fall (in 2 parts).
Also Hârn Classic Reprints…

Cities of Harn: Shiran, Coranan, Thay, Cherafir classics (cities have
been divided by neighborhoods, allowing for expansion).
Other new Hârn Releases
Atlas Hârnica Map C6

Birds (Bestiary)
Bedenes Keep
(Rethem)
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The newest documents in the Palladium Lawsuit
Case 2:10-cv-11859-JAC-PJK Document 39 Filed 06/11/10 Page 1 of 13
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN ™
SOUTHERN DIVISION
PALLADIUM BOOKS, INC.,

a Michigan corporation,
Plaintiff,
v. Case Number:10-11859
Honorable Julian Abele Cook, Jr.
TRION WORLDS INC.,
Defendant.
ORDER
This lawsuit arises out of a trademark dispute between the Plaintiff, Palladium Books, Inc.
(“Palladium”) and the Defendants, Trion Worlds Inc., and Trion World Network, Inc.1 In an order
dated June 1, 2010, the Court denied Palladium’s request for a temporary restraining order, but
scheduled a hearing on its request for a preliminary injunction. On May 31, 2010, Trion filed a
motion to dismiss the complaint for lack of personal jurisdiction, improper venue, and failure to state
a claim upon which relief can be granted.2 In response to this dispositive motion, Palladium filed
a motion in which it requested authority to conduct expedited discovery solely on the issue of
jurisdiction. This matter is now ripe for decision by the Court.
1
Although Palladium sued Delaware-based Trion World Network, Inc. and Trion Worlds
Inc., the two companies are the same. According to the Defendant, Trion World Network
changed its name to Trion Worlds on April 16, 2010. Defendant’s Response in Opposition to
Palladium’s Request for Preliminary Injunction at 1 fn.1.For the sole purpose of this order, the
Court will refer to the two Defendants as “Trion.”
2
As an alternative basis for relief, Trion asks the Court to enter an order that will
transfer the venue of this case to the Northern District of California where it has filed a separate
action for, inter alia, declaratory relief involving the same disputed trademarks.
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P o l y g l o t

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PALLADIUM BOOKS, INC.,

a Michigan corporation,
™
Plaintiff,
v. Case Number:10-11859
Honorable Julian Abele Cook, Jr.
TRION WORLDS INC.,
Defendant.
ORDER
This lawsuit arises out of a trademark dispute between the Plaintiff, Palladium Books, Inc.
(“Palladium”) and the Defendants, Trion Worlds Inc., and Trion World Network, Inc.1 In an order
dated June 1, 2010, the Court denied Palladium’s request for a temporary restraining order, but
scheduled a hearing on its request for a preliminary injunction. On May 31, 2010, Trion filed a
motion to dismiss the complaint for lack of personal jurisdiction, improper venue, and failure to state
a claim upon which relief can be granted.2 In response to this dispositive motion, Palladium filed
a motion in which it requested authority to conduct expedited discovery solely on the issue of
jurisdiction. This matter is now ripe for decision by the Court.
1
Although Palladium sued Delaware-based Trion World Network, Inc. and Trion Worlds
Inc., the two companies are the same. According to the Defendant, Trion World Network
changed its name to Trion Worlds on April 16, 2010. Defendant’s Response in Opposition to
Palladium’s Request for Preliminary Injunction at 1 fn.1.For the sole purpose of this order, the
Court will refer to the two Defendants as “Trion.”
2
As an alternative basis for relief, Trion asks the Court to enter an order that will
transfer the venue of this case to the Northern District of California where it has filed a separate
action for, inter alia, declaratory relief involving the same disputed trademarks.
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P o l y g l o t
I.
Palladium, a corporation based in Westland, Michigan, is a publisher of science fiction and
™
fantasy adventure role-playing games. To date, Palladium products have taken the form of paper-
and-pencil games, card collections, and electronic computer games.
Formed in 2006, Trion is a developer of connected online video games with offices in
Redwood City and San Diego, California and Austin, Texas. Although Trion has been actively
developing online games for the past four years, the Company claims that it has neither sold nor
offered to sell a single product anywhere in the United States, and has not targeted any of its
marketing or advertising to the State of Michigan.
Palladium contends to have produced almost 90 of its most popular and renowned role-
playing games under its federally registered trademarks3 for the name RIFTS®. The use of this title
is not coincidental. The word, “Rifts,”describes tears in the fabric of space and time that have served
as portals through which alien, demonic and superhuman beings have traveled to infiltrate the Earth.
According to Palladium, its gaming products are typically issued under the format of “Rifts
_______,” with the blank being filled by the secondary title of the particular game being played.4
3
Palladium has proffered evidence of three of its federally protected trademarks; namely,
(1) No. 2,889,353 [Registered September 28, 2004] for the name RIFTS used in connection with,
inter alia, books, manuals and comic books containing role playing games involving science
fiction or fantasy adventures; (2) No. 3,036,181 [Registered December 27, 2005] for the name
RIFTS used for the production of motion pictures, television programs, videotapes and DVDs
involving science fiction and fantasy adventures; and (3) No. 2,045,806 [Registered March 18,
1997] for the name RIFTS used in connection with, inter alia, computer game software and
programs containing role playing games involving science fiction or fantasy adventures.
Although Palladium also owns several other trademarks involving the RIFTS name and
variations thereof, the three listed above are the most relevant to this lawsuit.
4
The examples that are included in Palladium’s first amended complaint are such games
as “Rifts Promise of Power,” “Rifts Chaos Earth,” “Rifts Megaverse in Flames” or “Rifts Dark
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In addition to its existing games, Palladium claims to be in negotiations with (1) Walt Disney
Studios for the production of a major motion picture that is based on the Rifts® concept, and (2)
™
companies interested in the use of the RIFTS concept to produce a massively multiplayer online role
playing game (“MMORPG”). The parties agree that MMORPGs are computer games played
simultaneously online by several thousand or even millions of users who subscribe to the game and
play it interactively against others via the hosting company’s server.
At issue here is Trion’s development of a server-based MMORPG called “Rift: Planes of
Telara,” which the Company claims is not yet operational. Like other MMORPGs, this game will
allow thousands of participants to interact while playing online. In its initial launch of the game in
June of 2009, Trion referred to it as “Heroes of Telara.” Yet, the Company changed the title of the
game to “Rift: Planes of Telara” because, in its judgment, it captured the true theme and storyline
of the game. On April 26, 2010, Trion unveiled the official website for “Rift: Planes of Telara” at
www.riftgame.com. This website, which is available in three languages (English, French and
German), allows visitors to sign up for a Trion account, join the “Rift: Planes of Telara” community
and its associated forums, and to receive the official “Rift Watch” community newsletter. See
generally, http://www.riftgame.com/en/news/listings/join-community.php.
The website also allows users to follow the development of “Rift: Planes of Telara” through
third-party websites like Facebook, Twitter, Flickr and You Tube. Id. Furthermore, Trion has plans
to feature the game at a major industry-only trade show (referred to as “E3”) in Los Angeles
between June 15-17, 2010. Trion claims that it has expended more than $500,000 in unrecoverable
costs in launching the game and preparing for the show.
Conversion.”
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Kevin Siembieda, the president of Palladium, claims to have been shopping in a Target retail
store less than two miles from his Company’s headquarters in Westland, Michigan when he read an
™
advertisement for “Rift: Planes of Telara” in a magazine entitled Massive Online Gamer. According
to Siembieda, this advertisement included an announcement for a contest that was open to every
resident of the United States and the District of Columbia, in which the winner would win a trip to
the Trion studios in California. It is Siembieda’s contention that this magazine was also sold at
Barnes & Noble, Borders and other Target stores - all within five miles of Palladium’s offices in
Michigan.
II.
Trion’s chief defense, which has been raised pursuant to Fed. R. Civ. P. 12(b)(2), is that
the Court lacks personal jurisdiction over it. In making this argument, Trion contends that - on
the basis of the standards articulated in Michigan’s long-arm statute, and according to fundamental
due process considerations - Palladium has failed to proffer a legitimate jurisdictional basis for its
claims in this case. Inasmuch as the Court will render a ruling on this issue without an evidentiary
hearing, it must evaluate those pleadings and affidavits in a light that is most favorable to
Palladium, which needs only to make a prima facie showing that jurisdiction exists. Compuserve,
Inc. v. Patterson, 89 F.3d 1257, 1262 (6th Cir. 1996). Palladium can meet this burden by
establishing with reasonable particularity the existence of sufficient contacts between Trion and
the forum state to support jurisdiction. Neogen Corp. v. Neo Gen Screening, Inc., 282 F.3d 883,
887 (6th Cir. 2002). In undertaking an analysis under Fed. R. Civ. P. 12(b)(2), the Court need not
weigh the controverting assertions of the defendant. Dean at 1272 (quoting Compuserve at 1262).
It is well-settled that in order to grant an injunction or award of money damages to a party,
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a Court must have personal jurisdiction over the defendant. See generally, Burger King Corp. V.
Rudzewicz, 471 U.S. 462, 471-72 (1985) (“The Due Process Clause protects an individual’s liberty
™
interest in not being subject to the binding judgments of a forum with which he has established no
meaningful ‘contacts, ties, or relations.’”) (internal citations omitted). Under both Michigan and
federal law, a defendant can be subject to either general or specific jurisdiction. General
jurisdiction is satisfied if the defendant’s contacts with the forum state are sufficiently substantial,
continuous and systematic to justify the state’s exercise of judicial power with regard to the
plaintiff’s claims, even if none of the defendant’s contacts are related to the facts of the case. 6
J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition, §32:38; See also, Mich
Comp Laws § 600.711. By contrast, specific jurisdiction subjects the defendant to a lawsuit in the
forum state only on claims that arise out of or relate to a defendant’s minimum contacts within the
forum. Fortis Corporate Ins. v. Viken Ship Management, 450 F.3d 214, 218 (6th Cir. 2006); See
also, Mich Comp Laws § 600.715. Here, the principal question is whether a court sitting in
Michigan can assert specific jurisdiction over Trion under § 600.715 and due process limitations.
As to the question of specific jurisdiction under Michigan’s long-arm statute, Mich Comp
Laws § 600.715 explains when the state may assert limited long-arm jurisdiction over a
corporation:
The existence of any of the following relationships between a corporation or its

agent and the state shall constitute a sufficient basis of jurisdiction to enable the
courts of record of this state to exercise limited personal jurisdiction over such
corporation and to enable such courts to render personal judgments against such
corporation arising out of the act or acts which create any of the following
relationships:
(1) The transaction of any business within the state.

(2) The doing or causing any act to be done, or consequences to occur,
in the state resulting in an action for tort.
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P o l y g l o t
(3) The ownership, use, or possession of any real or tangible personal

property situated within the state.
(4) Contracting to insure any person, property, or risk located within
this state at the time of contracting.
(5) ™
Entering into a contract for services to be performed or for
materials to be furnished in the state by the defendant.
Mich Comp Laws § 600.715. The parties appear to agree that based on the existing record,
Subsections (1) and (2) are the only potentially applicable provisions here.
The “transaction of any business” which is necessary for limited personal jurisdiction
under Mich Comp Laws § 600.715(1) can be satisfied by the “slightest act of business in
Michigan.” Neogen, supra, citing Lanier v. American Bd. Of Endodontics, 843 F.2d 901, 906 (6th
Cir. 1988). Yet, even considering the pleadings and affidavits in a light most favorable to
Palladium, it has not sufficiently shown the existence of any contacts between Trion and Michigan
to support jurisdiction under §600.715(1). This is true notwithstanding the wide availability of
Trion’s website, its magazine advertisements, and its contest promotions to any person who
happens to reside in a state (including Michigan) where the Massive Online Gamer magazine is
sold, or from where the www.riftgame.com website is available. Palladium’s allegations of
possible business transactions between Trion and Michigan consumers are not sufficient to
establish personal jurisdiction under §600.715(1). See, e.g., Hi-Tex Inc. v. TSG, Inc., 87 F. Supp.
2d 738, 743 (E.D. Mich. 2000) (“national advertising, alone, is insufficient to justify general
personal jurisdiction. To hold otherwise would subject every business entity that advertises in a
nationally distributed magazine to personal jurisdiction throughout the United States) (citing
Nichols v. G.D. Searle & Co., 991 F.2d 1195, 1199 (4th Cir.1993)). Although specific advertising
which is directed toward Michigan may be a logical future expansion of Trion’s marketing
strategy, the fact remains that Palladium has not made a prima facie showing that Trion has
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P o l y g l o t
conducted even a “slight” act of business in Michigan. Thus, the Court declines Palladium’s
invitation to exercise personal jurisdiction over Trion under Mich Comp Laws§ 600.715(1).
™
Furthermore, even if the Court were inclined to find that Palladium had established
personal jurisdiction over Trion through Mich Comp Laws§ 600.715(2) of Michigan’s limited
long-arm statute, this ruling would be subject to a determination as to whether an assertion of
jurisdiction would deprive Trion of its basic rights of due process. Bird v. Parsons, supra at 871.
In that regard, the Sixth Circuit has set forth three criteria that must be satisfied before a court may
exercise personal jurisdiction:
(1) First, there must be a showing that the defendant purposely availed himself of the
privilege of acting in the forum state or causing a consequence in the forum state;
(2) Second, the cause of action must arise from the defendant's activities there; and
(3) Finally, the acts of the defendant or consequences caused by the defendant must
have a substantial enough connection with the forum state to make the exercise of
jurisdiction over the defendant reasonable.
Southern Mach. Co. v. Mohasco Indus., Inc., 401 F.2d 374, 381 (6th Cir.1968). Palladium urges
the Court to consider the facts and circumstances of this case in the aggregate and under the
totality of the circumstances, as opposed to assessing them in isolation.
As to the first Mohasco factor, the Supreme Court has emphasized that the touchstone of
the due process inquiry is whether the defendant purposefully established minimum contacts in
the forum state. Burger King Corp., supra at 474. Thus, a plaintiff must show that the defendant
did some act to “purposefully avail” itself of the privilege of doing business in Michigan. While
it is not necessary for a defendant to be physically present in the forum, jurisdiction may be
established if its actions were purposefully directed toward residents of the forum state. Id. at 476.
The Michigan Supreme Court has described the term purposeful availment as “something akin
either to a deliberate undertaking to do or cause an act or thing to be done in Michigan or conduct
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P o l y g l o t
which can be properly regarded as a prime generating cause of the effects resulting in Michigan,
something more than a passive availment of Michigan opportunities.” Jeffrey v. Rapid American
™
Corp., 448 Mich. 178, 187-188 (1995). In other words, it amounts to conduct that gives the
defendant a basis upon which to foresee being hailed before a Michigan court. Id.
Here, Trion submits that it has no business contacts with Michigan other than its website,
which it describes as an instrument of communication which is passive in nature. The Sixth
Circuit has declared that a defendant purposefully avails itself of the privilege of acting in a state
through its website “if [it] is interactive to a degree that reveals specifically intended interaction
with residents of the state.” Neogen, supra at 890. However, the maintenance of an
internationally accessible website does not in and of itself constitute purposeful availment of the
privilege of acting in Michigan. Id. Indeed, this approach - if taken literally - would render the
user of a potentially infringing mark subject to personal jurisdiction anywhere in the United States,
or, for that matter, anywhere in the world. Yet, the vast majority of courts reject this view and
instead require a showing that the party with the infringing website purposefully directed its
activity at the forum state. 6 J. Thomas McCarthy McCarthy on Trademarks and Unfair
Competition, §32:45.50.
In determining whether the operation of a website constitutes a purposeful availment
under the Burger King test, courts generally divide sites into three categories:
(1) Active Web Sites: . . . where defendants actively conduct business on the
internet in the forum state and personal jurisdiction is found.
(2) Intermediate Web Sites: interactive Web site cases . . . where a user
exchanges data with the host computer. In such cases, jurisdiction is
determined by examining the level of interactivity and commercial nature
of the information exchange.
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(3) Passive Web Sites: sites that merely provide information or advertisements.
Id at § 32:45.50 (citing Zippo Mfg. Co. v. Zippo Dot Com, 952 F.Supp. 1119, 1124
™
(W.D.Pa.1997)); See also, Audi AG v. D’Amato, 341 F. Supp. 2d 734, 742 (E.D. Mich. 2004).
Here, Trion’s website cannot be fairly characterized as highly interactive, inasmuch as a
visitor to the site has no ability to conduct business transactions. At most, a person who is
interested in content on www.riftgame.com has the ability to enter personal information, join
forums and receive newsletters. Trion devotes a significant portion of its pleading to trying to
persuade the Court that its website is designed solely for passive use. However, this analysis is of
no moment under the circumstances of this case. Inasmuch as the record is devoid of evidence that
Palladium targeted any of its web-based activities toward Michigan residents, there is no legal
basis for concluding that Trion had purposely availed itself of the privilege of acting in Michigan
by maintaining its website.
As an alternative to the “purposeful availment” standard in the context of trademark
infringement and/or internet usage cases, Palladium urges the Court to rely on what is known as
an “effects test,” that was formulated by the Supreme Court in Calder v. Jones, 465 U.S. 783
(1984). Based on the Calder theory, merely causing a negative effect in a particular forum can
give rise to personal jurisdiction. Courts in this district have held that in order to satisfy the
Calder analysis, three conditions must be met. First, the defendant must be charged with
intentional actions, rather than “mere untargeted negligence.” Providers Access and Saving
System, Inc. v. The Regence Group, Inc., No. 06-15367, 2007 WL 1106145, 6 (E.D. Mich. Apr.
12, 2007) (citing Ford Motor Co. v. Great Domains, Inc., 141 F. Supp. 2d 763, 773-74 (E.D.
Mich. 2001)). Second, “the brunt of the injury must have been felt in the forum state.” Id. Finally,
14
P o l y g l o t
the Court must find that the defendant’s acts were expressly aimed at the forum state. Id.
For the “effects doctrine” to apply, there must be something more than the infringing
™
conduct to demonstrate that the defendant directed his activity toward the forum state. Id. at *7.
As Trion correctly notes, courts have applied the “effects doctrine” with caution since a plaintiff
will always feel the effect of a legal injury in its home state. See, e.g., Audi, supra at 746; Ford,
supra at 774.
Palladium argues that given the popularity of its RIFTS® products, as well as proof that
the mark has been used in the gaming industry for twenty years, it is highly unlikely that Trion’s
infringement upon the product could have resulted from negligence. By extension, Palladium
submits that Trion’s use of the RIFTS mark must therefore have been intentional. Nevertheless,
the Court finds this argument to be speculative and unavailing inasmuch as Palladium has not
made reference to any specific facts which would plausibly suggest that Trion acted with malice
in choosing its mark. However, even if the Court assumed that (1) Trion had acted intentionally
in misappropriating the RIFTS name, and (2) the brunt of the injury was felt in the forum state of
Michigan, Palladium has failed to present any evidence to support its assertion that Trion’s acts
were “expressly aimed” at Michigan.
In its motion, Palladium suggests that by selecting an infringing name, maintaining an
interactive website, Facebook page and a national contest which can be accessed by Michigan
residents, and by stating that its product would be available in local stores, Trion has targeted its
conduct toward Michigan. Nevertheless, the Court finds this argument unpersuasive. The record
indicates that Trion has neither sold any goods or services to Michigan residents nor personalized
any of its advertising campaigns to suit the tastes and demands of those MMORPG consumers
10
15
P o l y g l o t
who reside in Michigan. Neither marketing in nationally distributed magazines nor advertising
on widely accessible websites is sufficient to establish minimum contacts in a particular forum,
™
even when considered in the aggregate. Absent something more substantial than Palladium’s
argument that “Trion will have hundreds, if not thousands of customers and substantial sales in
Michigan in the very near future,” the Court finds that Trion has not purposefully availed itself of
the privilege of transacting business in Michigan, and therefore, is not subject to personal
jurisdiction in Michigan courts.
In terms of the second Mohasco requirement (i.e. that the cause of action must arise from
the defendant's activities in the forum state), Palladium contends that if it is determined that the
infringing use of a mark was expressly aimed at the forum state, the second element of Mohasco is
automatically satisfied. However, Palladium has not established that Trion’s conduct was
expressly aimed at Michigan. In light of this finding, the Court rejects Palladium’s assertion that
its cause of action arises out of any activity by Trion in the State of Michigan.
Finally, Palladium has failed to establish that the exercise of personal jurisdiction by the
Court over Trion would be “reasonable” in the manner contemplated by Mohasco. In analyzing
this factor, a court must consider “the burden on the defendant, the interest of the forum state, the
plaintiff's interest in obtaining relief, and the interest of other states in securing the most efficient
resolution of controversies.” CompuServe, Inc. v. Patterson, 89 F.3d 1257, 1268 (6th Cir. 1996).
Applied here, the reasonableness inquiry tends to favor Trion, especially when it is viewed in light
of the foregoing analysis about Trion’s minimum contacts in Michigan. The Court finds it
persuasive that Trion’s headquarters, as well as its documents and primary evidence are located
thousands of miles from Michigan. Moreover, because Palladium has not shown a strong
11
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P o l y g l o t
likelihood of confusion among the residents of Michigan, the state’s interest in litigating the case
is significantly diminished. Thus, notwithstanding Palladium’s desire to obtain relief, the due
process analysis must be resolved in favor of Trion. ™

III.
Palladium has filed a separate motion for leave to conduct discovery that would be
expedited and limited to the issue of personal jurisdiction. There is case law which indicates that
a court, in its discretion, may permit discovery so that an aggrieved party may investigate
jurisdictional facts. Theunissen v. Matthews, 935 F.2d 1454, 1465 (6th Cir. 1991). Citing El-Fadl
v. Central Bank of Jordan, 75 F.3d 668, 676 (D.C. Cir. 1996) (overruled on other grounds by
Samantar v. Yousuf, ___ U.S. ___ (June 1, 2010). In making this request, Palladium asks the Court
to grant its request in order to prevent Trion from asserting jurisdictional defenses by withholding
information relating to its Michigan contacts. Specifically, Palladium seeks to examine evidence
of, inter alia, Trion’s (1) contracts or agreements with Michigan companies or residents; (2)
negotiations with Michigan suppliers, retailers or distributors; (3) advertising targeted toward
Michigan or otherwise distributed to Michigan consumers; (4) marketing plans;(5) shareholders
or negotiations in Michigan for investment partners; (6) potential customers who have signed up
for Trion accounts; and (7) listing of contestants who have enrolled for Trion’s contest, including
Michigan residents. Although the Plaintiff avers that it has a good faith belief that discovery will
support its position, it does little to substantiate the factual basis for its request. “[W]hen a plaintiff
offers only speculation or conclusory assertions about contacts with a forum state, a court is within
its discretion in denying jurisdictional discovery.” Carefirst Of Maryland, Inc. v. Carefirst
Pregnancy Centers, Inc., 334 F.3d 390, 402 (4th Cir. 2003). Here, short of Palladium’s suspicion
12
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P o l y g l o t
that Trion’s contest and advertisements have been accessed by Michigan residents, there is little
reason to conclude that the pending request is reasonably calculated to lead to the discovery of
™
admissible evidence. See generally, Mellon v. Cooper-Jarrett, Inc., 424 F.2d 499, 501 (6th Cir.
1970). Moreover, as Palladium acknowledges, it proposes no manageable timetable under which
it could complete discovery before the impending Los Angeles trade show on June 15th (which is
the very situs where Palladium has argued that it will suffer irreparable harm).5 For all of these
reasons, Palladium’s request for expedited discovery must be denied.
IV.
For the reasons stated above, the Court grants Trion’s motion to dismiss under Fed. R.
Civ. P. 12(b)(2) for lack of personal jurisdiction. In addition, the Court denies Palladium’s request
for expedited discovery. Finally, Palladium’s motion for a preliminary injunction is denied for
lack of personal jurisdiction.
IT IS SO ORDERED.
Date: June 11, 2010_____ S/Julian Abele Cook, Jr.____________

Detroit, Michigan JULIAN ABELE COOK, JR.
United States District Court Judge
5
The Plaintiff, through a supplemental pleading filed June 9, 2010, requests limited
discovery through July 20, 2010. However, as noted above, the Court is not convinced that the
current request, under any time frame, is reasonably calculated to lead to the discovery of
admissible evidence.
13
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P o l y g l o t
Case3:10-cv-02466-CRB Document17 Filed06/28/10 Page1 of 13
1 Gary Jay Kaufman, Esq. State Bar No. 92759

gary@kaufmanlawgroupla.com
2 Colin Hardacre, Esq. State Bar No. 250915
colin@kaufmanlawgroupla.com
3
THE KAUFMAN LAW GROUP
4 1901 Avenue of the Stars, Suite 1010 ™
Los Angeles, California 90067
5 Telephone: (310) 286-2202
Facsimile: (310) 712-0023
6
R. Christopher Cataldo, Esq. (pro hac vice pending)
7
ccataldo@jaffelaw.com
8 Emilija Avsharian, Esq. (pro hac vice pending)
eavsharian@jaffelaw.com
9 JAFFE RAITT HEUER & WEISS, P.C.
27777 Franklin Ave., Suite 2500
10 Southfield, MI 48034
Telephone: (248) 351-3000
11
Facsimile: (248) 351-3082
12
Peter M. Falkenstein, Esq. (pro hac vice pending)
13 pfalkenstein@jaffelaw.com
JAFFE RAITT HEUER & WEISS, P.C.
14 201 S. Main St., Suite 300
Ann Arbor, MI 48104
15
Telephone: (734) 222-4776
16 Facsimile: (734) 222-4769
17 Attorneys for Defendant/Counter-Plaintiff,

Palladium Books, Inc.
18
19
NORTHERN DISTRICT OF CALIFORNIA
20
SAN FRANCISCO DIVISION
21
TRION WORLDS, INC., a Delaware Case No. 3:10-cv-02466-CRB
22
corporation,
23
Plaintiff/Counter-Defendant, DEFENDANT/COUNTER-PLAINTIFF’S
24 ANSWER TO COMPLAINTAND
v. DEFENSES
25
26 PALLADIUM BOOKS, INC., a Michigan DEMAND FOR JURY TRIAL
corporation,
27
Defendant/Counter-Plaintiff.
28
Case No. 3:10-cv-02466-CRB - Answer and Defenses; Demand for Jury Trial
19
P o l y g l o t
1 ANSWER
2 Defendant/Counter-Plaintiff, Palladium Books, Inc. (“Palladium”), by and through its
3 undersigned counsel, for its Answer to the Complaint filed by Plaintiff/Counter-Defendant Trion
4 Worlds, Inc. (“Trion”), states as follows:
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5 JURISDICTION, VENUE AND INTRADISTRICT ASSIGNMENT
6 1. Palladium admits only that Plaintiff asserts in its Complaint the claims cited in
7 paragraph 1, but denies that any of those claims have merit.
8 2. Paragraph 2 states a conclusion of law to which no answer is required.
11 PARTIES
12 5. Palladium admits, upon information and belief, the allegations of paragraph 5.
13 6. Admitted.
14 FACTS COMMON TO ALL CLAIMES FOR RELIEF
15 7. Palladium denies information sufficient to form a belief as to the truth of the
16 allegations of paragraph 7; therefore said allegations are deemed denied as untrue.
18 allegations of paragraph 8; therefore said allegations are deemed denied as untrue.
20 allegations of paragraph 9; therefore said allegations are deemed denied as untrue. Palladium
21 further avers, however, that it was not until April 26, 2010 that Plaintiff publicly announced that it
22 was changing the name of its game from “Heroes of Telara” to “Rift: Planes of Telara.”
23 Palladium filed suit against Plaintiff in the Eastern District of Michigan just days later.
24 10. Palladium admits only that Plaintiff’s game is marketed under the “Rift: Planes of
25 Telara” mark. Palladium denies as untrue that Plaintiff markets its game under that mark “in
26 conjunction with the ‘Trion Worlds’ house mark.”
27 ///
28 ///
1
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P o l y g l o t
1 11. Palladium denies knowledge sufficient to ascertain whether the Trion RIFT game
2 was launched “amidst much media fanfare,” and said allegation is thus deemed denied as untrue.
3 Palladium admits the remaining allegations of paragraph 11.
4 12.
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Palladium admits, upon information and belief, the allegations of paragraph 12 and
5 further avers that Trion did, in fact, feature the RIFT game at the 2010 E3 trade show.
6 13. Palladium admits only that Plaintiff has filed an application for a “Rift: Planes of
7 Telara” service mark. Palladium further avers that it has filed a Letter of Protest with the U.S
8 Patent & Trademark Office regarding said application, indicating Palladium’s belief that the
9 application should be denied due to a likelihood of confusion with various of Palladium’s
10 registered marks, and seeking suspension of action on that application until that issue is resolved
11 in this proceeding.
12 14. Palladium denies as untrue the allegations of paragraph 14. More specifically,
13 Palladium denies that it “publishes books about various ‘pen and paper’ role playing games.”
14 Rather, the Palladium publications are, in fact, the role playing games themselves; i.e., they are
15 role playing games that happen to be published in book format.
16 15. Palladium admits only that it published the first in the 90+ series of RIFTS role-
17 playing games and game supplements in 1990, and that the language quoted by Plaintiff is part of
18 a larger description from the Palladium website, the content of which is self-evident. Palladium
19 denies Plaintiff’s characterization as to the significance of that language.

20 16. Palladium admits paragraph 16, but further avers that not all of its publications
21 contain the phrase “Palladium Books presents:” preceding the title.
22 17. Paragraph 17 contains purely subjective opinion and characterization which
23 Palladium denies as untrue.

24 18. Palladium denies as untrue the allegations of paragraph 18 and further avers that
25 the Rifts® series of role-playing games are recognized as seminal games within the industry.
26 19. Palladium denies as untrue the allegations of paragraph 19.
28 ///
2
21
P o l y g l o t
1 21. Palladium denies as untrue, and as mis-characterizations taken out of context, the
2 allegations and quotations of paragraph 21, and further avers that the Rifts: Promise of Power
3 computer game was available for purchase in the United States and that sales were made in the
4 United States.
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6 allegations of paragraph 22 and said allegations are therefore deemed denied as untrue.
7 23. Palladium denies as untrue the allegations of paragraph 23 and further avers that it
8 has been engaged in constant negotiations over the past several years for the production a RIFTS
9 MMO video role-playing game.

12 26. Palladium admits only that it is the owner of the four federally registered marks
13 cited in paragraph 26; and denies that it merely “claims” to be the owner of said registrations.
15 that there has already been evidence of actual confusion produced by Palladium, and that there is a
16 high likelihood of confusion going forward.

17 28. Palladium denies as untrue the allegations of paragraph 28; denies specifically that
18 the subtitle “Planes of Telara” is unique or memorable or that it allows customers to distinguish it
19 in any way from Palladium’s products. Palladium further avers that the Planes of Telara subtitle is
20 likely to be viewed by potential customers as simply the next in a long line of RIFTS games
21 produced by Palladium, and that evidence already shows that both Plaintiff and its potential
22 customers are referring to its games primarily as RIFT, dropping any reference to the “Planes of
23 Telara” subtitle. Palladium further avers that, as already used by Plaintiff, the logo for its game
24 includes the term “RIFT” in massive letters, with the phrase “Planes of Telara” submerged in tiny
25 letters beneath “RIFT” in such a manner as to make it virtually irrelevant. Plaintiff’s intent to rely
26 on “RIFT” as the predominating factor is further evidenced by its use of the URL “riftgame.com”
27 for the website devoted to its game.
28 ///
3
22
P o l y g l o t
2 ample evidence shows that Plaintiff’s RIFT game is often advertised without reference to Trion’s
3 house mark. Palladium further denies that Plaintiff’s use of its house mark is consistent or
4 conspicuous.
™
6 evidence demonstrates that both Plaintiff and its potential customers refer to its game as RIFT, and
7 that there is virtually no use by anyone of the “R:PoT” acronym that Plaintiff claims will become
8 widely used. In fact, nowhere in Plaintiff’s own advertising is the game referred to as R:PoT; but
9 it is commonly referred to as RIFT. Moreover, the dominant appearance of “RIFT” in the game
10 logo virtually guarantees that this will be the shortened name by which the game is known.
11 Finally, Plaintiff has adopted the URL “riftgame.com” – not “rpot.com” for the website devoted to
12 its game.
13 31. Palladium denies as untrue the allegations of paragraph 31, given that Plaintiff has
14 not yet even launched its game and cannot, therefore, know how many people will be playing it.
15 Palladium admits only that Plaintiff anticipates that thousands of people will play its game.
16 Moreover, until the game is launched Palladium lacks knowledge sufficient to determine whether
17 Plaintiff’s game will contain “cutting edge graphics.” Palladium further denies the
18 characterization of both its and Plaintiff’s games.
19 32. Palladium denies the allegations of paragraph 32, as Plaintiff has selectively chosen
20 to highlight just a few aspects of its and Palladium’s games; whereas, in reality, trailers for
21 Plaintiff’s game indicate that there are numerous similarities between the games in ways that
22 reveal that Plaintiff’s game may, in fact, infringe on protected copyrighted works of Palladium.

24 34. Palladium denies as untrue the allegations of paragraph 34 that consumers exercise
25 a high degree of care in selecting which games to subscribe to; particularly since Plaintiff’s RIFT
26 game will be available for purchase on shelves of local video game stores, along with numerous
27 other games, where they are offered for sale in the style of movie DVDs.
28 ///
4
23
P o l y g l o t
1 35. Palladium denies the allegations of paragraph 35 as untrue and further avers that
2 consumers of role playing games have long been asking for and anticipating release of a Palladium
3 RIFTS MMO and may well be confused into believing that the RIFT game is the long awaited
4 Palladium RIFTS game.

™
5 36. Palladium admits the allegations of paragraph 36.
6 37. Palladium admits only that it has not yet filed the Section 8&15 Affidavit of
7 Continued Use for the ‘353 Registration; but further avers that mark had been registered for more
8 than five years at the time Plaintiff filed this challenge to the ‘353 mark and that, per the
9 provisions of 15 U.S.C. § 1064, the Mark is not subject to cancellation.
10 38. Palladium denies Plaintiff’s incomplete characterization of the application for the
11 ‘806 mark and further states that the content of that entire document is self-evident.
12 39. Palladium denies Plaintiff’s incomplete characterization of Palladium’s response to
13 the USPTO’s Office Action and further states that the content of that entire document is self-
14 evident.
15 40. Palladium denies as untrue Plaintiff’s characterizations of the description of
16 specimens submitted by Palladium in support of the ‘806 registration and further states that the
17 content of those specimens is self-evident.
18 41. Palladium denies as untrue Plaintiff’s characterizations in paragraph 41, as well as
19 its speculation regarding Palladium’s intent or the manner in which the USPTO considered
20 Palladium’s statements in issuing the ‘806 registration.
21 42. Palladium denies as untrue Plaintiff’s characterization in paragraph 42, taken out of
22 context, of Palladium’s statements regarding the Rifts Game Master Companion and denies as
23 untrue the remaining allegations of paragraph 42.

25 44. Palladium denies as untrue the characterization by Plaintiff of statements made by

26 Palladium and admits only that the language quoted in paragraph 44 was included in the Section
27 8&15 Declaration filed by Palladium as to the ‘806 mark.
28 ///
5
24
P o l y g l o t
1 45. Palladium admits only that the specimen submitted with the Section 8&15
2 Affidavit for the ‘806 mark was accurately described in Palladium’s submission to the USPTO
3 and that the USPTO accepted that specimen as adequate to support the Affidavit for the Class 028
4 mark registered in the “games” category.

™
5 46. Palladium denies Plaintiff’s incomplete characterization of Palladium’s filings in
6 support of the ‘806 mark and further states that the content of said documents is self-evident.
7 Palladium denies Plaintiff’s speculation as to the effect of Palladium’s filings on the actions of the
8 USPTO.
9 47. Palladium denies Plaintiff’s incomplete and selective characterization of statements
10 made by Palladium and denies as untrue the remaining allegations of paragraph 47.
12 49. Palladium denies Plaintiff’s incomplete characterization of Palladium’s Section
13 8&9 filings in support of the ‘806 mark and further states that the content of said documents is
14 self-evident.
15 50. Palladium admits only that the specimen submitted with the Section 8&9 Affidavit
16 for the ‘806 mark was accurately described in Palladium’s submission to the USPTO and that the
17 USPTO accepted that specimen as adequate to support the Affidavit for the Class 028 mark
18 registered in the “games” category.
19 51. Palladium denies Plaintiff’s incomplete characterization of Palladium’s filings in

20 support of the ‘806 mark and further states that the content of said documents is self-evident.
21 Palladium denies Plaintiff’s speculation as to the effect of Palladium’s filings on the actions of the
22 USPTO.

25 54. Palladium denies as untrue the incomplete characterization in paragraph 54 of the

26 content of its application for the ‘181 mark and further states that the content of that document is
27 self-evident.
28 55. Admitted.
6
25
P o l y g l o t
1 56. Palladium denies Plaintiff’s characterizations of the law contained in paragraph 56
2 and further states that legal requirements for obtaining a trademark registration, to which Plaintiff
3 apparently refers, are set forth accurately in the TMEP and CFR.
4 57.
™
Palladium denies Plaintiff’s incomplete characterization contained in paragraph 57
5 of the documents in the file wrapper for the ‘181 registration and further states that the content of
6 those documents is self-evident.
7 58. Palladium denies Plaintiff’s incomplete and out of context characterization

8 contained in paragraph 58 of the documents in the file wrapper for the ‘181 registration and further
9 states that the content of those documents is self-evident.
10 59. Palladium denies Plaintiff’s incomplete and out of context characterization

11 contained in paragraph 59 of the documents in the file wrapper for the ‘181 registration and further
12 states that the content of those documents is self-evident. Palladium denies knowledge or
13 information sufficient to form a belief as to the effect of any of Palladium’s submissions or

14 representations on the actions taken by the USPTO.
16 61. Palladium denies as untrue the excerpted and out-of-context material cited by
17 Plaintiff as standing for the proposition that Palladium was not using the mark covered by the ‘181
18 registration.

20 63. Palladium denies as untrue the incomplete characterization in paragraph 63 of the
21 content of its application for the ‘944 mark and further states that the content of that document is
22 self-evident. Palladium admits only that the language quoted in paragraph 63 appears in said
23 application.
24 64. Admitted.
25 65. Palladium denies Plaintiff’s characterizations of the law contained in paragraph 65

26 and further states that legal requirements for obtaining a trademark registration, to which Plaintiff
27 apparently refers, are set forth accurately in the TMEP and CFR.
28 ///
7
26
P o l y g l o t
1 66. Palladium denies Plaintiff’s excerpted and incomplete characterization contained in
2 paragraph 66 of the Statement of Use filed in support of the ‘944 registration and further states
3 that the content of that document is self-evident.
4 67. ™
Palladium denies Plaintiff’s characterization of the contents of documents filed in
5 support of the ‘944 registration and further states that the content of those documents is self-
6 evident. Palladium further states that it lacks knowledge or information sufficient to form a belief
7 as to the effect of any of Palladium’s submissions or representations on the actions taken by the
8 USPTO.
9 68. Admitted.
10 69. Palladium admits only that it submitted a specimen of use for the ‘944 registration
11 on December 15, 2006, but denies Plaintiff’s characterization of the specimen and further states
12 that the content of the specimen is self-evident.
13 70. Palladium states that the ‘944 registration was in use at least for the categories of
14 video game software and equipment in Class 009 and for role playing and fantasy games, game
15 materials, game equipment, instruction and game tip manuals, and video game machines in Class
16 028, specific product classifications that Plaintiff may be infringing through the use of its RIFT
17 mark. To the extent that such filing claimed use on other goods, such claim was inadvertent and
18 made without intent to deceive the USPTO.
19 71. Palladium denies as untrue the excerpted and out-of-context material cited by
20 Plaintiff in paragraph 71 as standing for the proposition that Palladium was not using the mark
21 covered by the ‘944 registration and further denies as untrue the allegation that it was not using the
22 mark at the time the Statement of Use was filed.

24 73. Palladium denies as untrue Plaintiff’s characterization of the contents of the
25 complaint filed in the Eastern District of Michigan action and further states that the content of that
26 complaint is self-evident.
27 74. Admitted.
28 75. Admitted.
8
27
P o l y g l o t
1 FIRST CLAIM FOR RELIEF

2 Declaratory Judgment – Declaration of Noninfringement, Etc.
3 76. Paragraph 76 requires no response.
4 77.
™
Palladium admits that Plaintiff claims that an actual and justiciable controversy has
5 arisen and now exists between the parties as to the issues stated in paragraph 77. Palladium
6 further states that the resolution of any such controversy is more appropriate for resolution in
7 connection with Plaintiff’s affirmative Counterclaim being filed in conjunction with the filing of
8 this Answer.
9 78. Palladium admits that Trion Worlds desires a judicial determination of its rights
10 and obligations with respect to the Marks, and further states that the resolution of any such
11 controversy is more appropriate for resolution in connection with Plaintiff’s affirmative
12 Counterclaim being filed in conjunction with the filing of this Answer.
13 79. Palladium admits only that Plaintiff claims that a judicial determination of its rights
14 and duties is necessary and appropriate at this time, and further states that any determination of
15 such rights and duties is more appropriate for resolution in connection with Plaintiff’s affirmative
18 81. Palladium admits only that Plaintiff seeks a declaration that it has not and does not
19 infringe any of Palladium Books’ rights in the Marks and has not and does not engage in any false
20 designation of origin or unfair competition. Palladium further states that Plaintiff is not entitled to
21 any such declaration on the merits.
22 SECOND CLAIM FOR RELIEF
23 Declaration that the ‘353 Registration is Descriptive and Lacks Secondary Meaning
25 83. Palladium admits that Plaintiff claims that an actual and justiciable controversy has
26 arisen and now exists between the parties as to the issues stated in paragraph 83. Palladium
27 further states that the resolution of any such controversy is more appropriate for resolution in
28 ///
9
28
P o l y g l o t
1 connection with Plaintiff’s affirmative Counterclaim being filed in conjunction with the filing of
2 this Answer.
3 84. Palladium admits that Trion Worlds desires a judicial determination of its rights
4
™
and obligations with respect to the Marks, and further states that the resolution of any such
5 controversy is more appropriate for resolution in connection with Plaintiff’s affirmative

7 85. Palladium admits only that Plaintiff claims that a judicial determination of its rights
8 and duties is necessary and appropriate at this time, and further states that any determination of
9 such rights and duties is more appropriate for resolution in connection with Plaintiff’s affirmative

11 86. Palladium admits only that Plaintiff seeks a declaration that Palladium’s ‘353
12 Registration is merely descriptive, lacks secondary meaning, and is not entitled to trademark
13 protection under the Lanham Act or common law. Palladium further states that Plaintiff is not
14 entitled to any such declaration on the merits.
15 THIRD CLAIM FOR RELIEF
16 Cancellation of Federal Registrations
23 PRAYER FOR RELIEF
24 WHEREFORE, Palladium Books, Inc. respectfully requests this Court to enter a judgment
25 dismissing Plaintiff’s request for relief on all counts; awarding Palladium its costs and expenses in
26 defending this action; and awarding Palladium such other and further relief as the Court deems
27 just.
28 ///
10
29
P o l y g l o t
1 DEFENSES
2 Palladium Books, Inc., by and through its undersigned counsel, states the following
3 defenses to Plaintiff’s Complaint:

4 1.
™
The Complaint fails to state a cause of action upon which relief may be granted.
5 2. Plaintiff’s use of its RIFT mark for a role-playing game is likely to cause confusion
6 with regard to Palladium’s RIFTS mark for role-playing games in various media; therefore,
7 Plaintiff is not entitled to a declaration of non-infringement.

8 3. Palladium’s marks are inherently distinctive.
9 4. Palladium’s marks have acquired secondary meaning among the relevant
10 consuming public.
11 5. Plaintiff has knowingly and willfully infringed Palladium’s trademarks.

12 6. Palladium’s trademark and service mark registrations constitute prima facie
13 evidence of their validity.
14 7. By virtue of the ‘353 Registration having been registered for more than five years
15 prior to the filing of this action, Plaintiff may not now seek cancellation of that registration or to
16 have it declared invalid or unenforceable for mere descriptiveness.
17 8. Palladium did not knowingly make false statements to the USPTO.
18 9. Palladium did not at any time have any intent to deceive the USPTO.
19 10. Plaintiff’s claims are barred by the doctrine of unclean hands.
20 11. Plaintiff’s claims are barred by the doctrines of waiver, estoppel and/or laches.
21 12. Palladium reserves the right to assert additional defenses up to and including the
22 time of trial as the applicability of such defenses becomes known through discovery or otherwise.
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
11
30
P o l y g l o t
1 DEMAND FOR JURY TRIAL

2 Pursuant to Fed. R. Civ. P. 38, Palladium demands a trial by jury of all issues in this case
3 triable to a jury.
4
™
5 Dated: June 28, 2010 Respectfully Submitted,
6 THE KAUFMAN LAW GROUP
7
8 By:__________/s/____________
Gary Jay Kaufman
9 Attorneys for Defendant and Counter-Plaintiff,
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12
31
P o l y g l o t
1 Gary Jay Kaufman, Esq. State Bar No. 92759

gary@kaufmanlawgroupla.com
2 Colin Hardacre, Esq. State Bar No. 250915
colin@kaufmanlawgroupla.com
3
THE KAUFMAN LAW GROUP
4 1901 Avenue of the Stars, Suite 1010 ™
Los Angeles, California 90067
5 Telephone: (310) 286-2202
Facsimile: (310) 712-0023
6
R. Christopher Cataldo, Esq. (pro hac vice pending)
7
ccataldo@jaffelaw.com
8 Emilija Avsharian, Esq. (pro hac vice pending)
eavsharian@jaffelaw.com
9 JAFFE RAITT HEUER & WEISS, P.C.
27777 Franklin Ave., Suite 2500
10 Southfield, MI 48034
Telephone: (248) 351-3000
11
Facsimile: (248) 351-3082
12
Peter M. Falkenstein, Esq. (pro hac vice pending)
13 pfalkenstein@jaffelaw.com
JAFFE RAITT HEUER & WEISS, P.C.
14 201 S. Main St., Suite 300
Ann Arbor, MI 48104
15
Telephone: (734) 222-4776
16 Facsimile: (734) 222-4769
17 Attorneys for Counter-Plaintiff,

18
19
NORTHERN DISTRICT OF CALIFORNIA
20
SAN FRANCISCO DIVISION
21
PALLADIUM BOOKS, INC., a Michigan Case No. 3:10-cv-02466-CRB
22
corporation
23 COUNTERCLAIM FOR:
Counter-Plaintiff,
24 1. TRADEMARK INFRINGEMENT
v. (15 U.S.C. § 1114)
25
26 2. FALSE DESIGNATION OF
TRION WORLDS, INC., a Delaware ORIGIN(15 U.S.C. § 1125)
27 corporation,
3. CALIFORNIA STATUTORY
28 Counter-Defendant.
Case No. 3:10-cv-02466-CRB - Counterclaim; Demand for Jury Trial
32
P o l y g l o t
1 UNFAIR COMPETITION
(Cal. Bus. & Prof. Code § 17200 et seq.)
2
4. INFRINGEMENT OF COMMON
3
LAW TRADEMARKS
4
™
5. CALIFORNIA COMMON LAW
5 UNFAIR COMPETITION
6 DEMAND FOR JURY TRIAL
7
8 Palladium Books, Inc., by and through its undersigned counsel, for its Counterclaim
9 against Trion Worlds, Inc., states as follows:
10 I. JURISDICTION AND VENUE
11 1. This is an action for (a) trademark infringement arising under 15 U.S.C. § 1114(a);
12 (b) false designation of origin arising under 15 U.S.C. § 1125(a); (c) unfair competition arising
13 under California Business & Professions Code § 17200 et seq.; (d) common law trademark
14 infringement; and (e) unfair competition arising under the common law of the State of California.
15 2. The claims asserted in this Counterclaim arise under the trademark laws of the
16 United States, 15 U.S.C. §§ 1051, et seq., and the statutory and common laws of the State of
17 California. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331, 28 U.S.C.
§ 1338, 28 U.S.C. § 1367, and 15 U.S.C. § 1121.
18
3. Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391(b) and (c).
19
20 II. THE PARTIES

4. Counter-Plaintiff PALLADIUM BOOKS, INC. (“Palladium”) is a Michigan
21
corporation having its principal place of business at 39074 Webb Court, Westland, MI 48185.
22
23 5. Palladium is informed and believes that Counter-Defendant Trion Worlds, Inc.

(“Trion”) is a corporation organized under the laws of the State of Delaware, having its principal
24
place of business located at 303 Twin Dolphin Drive, Redwood City, California 94065. Palladium
25
is informed and believes that Trion was formerly known as Trion World Network, Inc., and
26
changed its name in or about April 2010.
27
///
28
1
33
P o l y g l o t
1 6. This Court has both general and specific personal jurisdiction over Trion, which
2 has its principal place of business within this Judicial District. Additionally, most of Trion’s
3 tortious acts giving rise to this action occurred within this District.
4 III. FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS
™
5 7. Palladium is the owner of numerous federally registered trademarks for “RIFTS,”
6 which is a very well-known series of over 80 fantasy/science fiction role-playing games and
7 supplements, which has been published over the past twenty (20) years. These registrations
8 include the RIFTS® mark for computer games. Palladium’s RIFTS® series of games also
9 includes numerous volumes using the format “Rifts: __________,” with a secondary name, such
10 as “Promise of Power” or “Chaos Earth,” etc., identifying the particular game.
11 8. Trion, in late April 2010, announced its intention of marketing an online computer
12 game entitled “Rift: Planes of Telara,” and has promoted it as a role-playing fantasy game of the
13 same type that is regularly produced by Palladium under the RIFTS® trademark, and which is the
14 genre of the Rifts: Promise of Power® computer game. Moreover, Trion is marketing its game on
15 a website accessed via the URL www.riftgame.com. Trion’s use of a minor variant of Palladium’s
16 long-standing and famous RIFTS® trademark is a knowing, intentional, and malicious attempt to
17 trade on the good will established in the RIFTS® marks over two decades and, if not enjoined,
18 will result in confusion in the marketplace and dilution of the RIFTS® mark.
19 9. Just days after Trion announced its intention to use a trademark confusingly similar
20 to Palladium’s, Palladium filed suit against Trion in the Eastern District of Michigan, Palladium
21 Books, Inc. v. Trion Worlds, Inc. et al., Case No. 10-11859, asserting claims for trademark
22 infringement, false designation, trademark dilution, and a variety of related state law claims.
23 Palladium subsequently filed for a preliminary injunction after learning that Trion was advertising
24 its infringing game in a publication that was being marketed within a few miles of Palladium’s
25 headquarters, as well as on its moderately interactive website. Trion had also advertised itself on
26 its website as the “premier publisher and developer” of connected video games, giving rise to the
27 logical conclusion that it was doing business in Michigan, given the national and international
28 scope of the “massively multiplayer online games” of which Trion was claiming to be the premier
2
34
P o l y g l o t
1 publisher. As Trion later admitted, however, it has as yet not published any games whatsoever,
2 with all of its anticipated products still in pre-launch development phase.
3 10. Trion filed a motion to dismiss for lack of personal jurisdiction. In the interim,
4
™
while the Michigan case was still pending, Trion filed this action, seeking a declaration of non-
5 infringement, along with several other “defensive” claims challenging the validity of Palladium’s
6 trademarks.
7 11. The Michigan court held a hearing on Trion’s motion to dismiss on June 9, 2010
8 and, on June 11, 2010, entered an order dismissing the case for lack of personal jurisdiction. The
9 Court did not hold a hearing or rule on the merits of Palladium’s motion for a preliminary
10 injunction, given its ruling on the motion to dismiss.
11 12. Palladium now asserts its Counterclaim for the affirmative claims stated above,
12 including the federal claims asserted in the prior Michigan action, along with California state law
13 claims.
14 A. Palladium and the Rifts® Family of Products.
15 13. Palladium, a Michigan corporation headquartered in Westland, Michigan, creates,
16 develops, publishes, markets and sells fantasy and science-fiction role-playing games (RPGs)
17 involving multidimensional travel. Palladium has created a fantasy and science-fiction universe,
18 or Megaverse®, populated by aliens, alien invaders, embattled humans, supernatural beings, time
19 travelers, robots, powerful characters, and mythic figures, all of whom come through portals or
20 dimensional tears, and are engaged in invading the earth and in other wars or conflicts, using a
21 wide range of weapons, magic, armor, vehicles, demons, elemental creatures, aliens, and
22 supernatural beings.
23 14. Palladium’s most popular and renowned RPGs are the RIFTS® series, and are
24 well-known throughout the fantasy and science fiction game industry and beyond. Rifts® is a
25 series of games set 300 years in the future, after a major nuclear catastrophe has destroyed most of
26 the world’s population. Tears or rips in the fabric of the universe act as extra-dimensional
27 gateways, leading to scenarios involving aliens, cybertechnology, elemental creatures,
28 supernatural beings, and intricate military maneuvers for power. In the Rifts® scenarios, aliens
3
35
P o l y g l o t
1 and monsters have come through the tears or rips to invade the earth and fight against humans for
2 control of the planet. Palladium published the first Rifts® game book in 1990 and since then has
3 published more than 80 Rifts® titles.

4 15.
™
In order to convey the continuity of the Rifts® series, many of the Rifts® games
5 are titled “Rifts __________” – with a secondary phrase, such as “Promise of Power”; “Dark
6 Conversions”; “Chaos Earth”; “Megaverse in Flames”; or “Shemarrian Nation,” among many
7 others, used to denote the particular story in the Rifts® series. See EXHIBIT 1, printout from
8 www.palladiumbooks.com website, showing some of the “Rifts®” products currently being
9 marketed by Palladium.
10 16. Palladium’s Rifts® games have been produced in a variety of media and formats.
11 For example, in 2001, Palladium created and licensed a Rifts® Collectible Card Game (“Rifts®
12 CCG”). See EXHIBIT 2, excerpts from players’ manual accompanying the Rifts® CCG.
13 17. Palladium’s Rifts® game has also been produced and marketed in various
14 electronic and computer game formats. For example, in 1995, Palladium came out with the
15 RIFTS® Game Master Companion™, a computerized add-on to the original Rifts® role-playing
16 game. See EXHIBIT 3, photocopies of the RIFTS® Game Master Companion ™ floppy disks.
17 18. Palladium also developed and licensed a Rifts® computer video game, which
18 debuted in 2005, and which was produced by Nokia, a global leader in video game technology.
19 That game was entitled “Rifts: Promise of Power.” See EXHIBIT 4, photocopies of front, back,
20 and inside covers of the Rifts: Promise of Power® computer game.
21 19. Palladium’s Rifts® role-playing games have been continuously marketed

22 throughout the United States and internationally, in one or more of the various media and formats
23 in which they have been produced, since 1990.
24 20. Palladium has also optioned Rifts® to Walt Disney Studios for production of a
25 major motion picture to be produced by world-famous action film producer Jerry Bruckheimer. A
26 screen play has been developed, Disney renewed its option in April 2010, and Palladium
27 anticipates that the film will be “greenlighted.” Both of these developments have been widely
28 publicized by Palladium.
4
36
P o l y g l o t
1 21. For the past four years, Palladium has also been involved in negotiations with
2 various companies to produce a massively multiplayer online role-playing game (“MMORPG”).
3 MMORPGs are games played by many thousands, or even millions of players, in the case of the
4
™
more successful games, who subscribe to the game and play online through the hosting company’s
5 servers against other players in far-flung locations.
6 22. Given the popularity of the Rifts® products and these recent developments, it is not
7 surprising that competitors in the industry would attempt to free-ride on the good will established
8 in the Rifts® name.
9 23. In order to protect its valuable intellectual property, Palladium has obtained a
10 number of registered trademarks for the RIFTS® mark. Among these are included, without
11 limitation, the following U.S. registrations:

12 Reg. No. 2,889,353, for “Books, manuals and comic books containing role playing games
involving science fiction or fantasy adventures, …”;
13
Reg. No. 3,036,181, for “Production of motion pictures, television programs, videotapes
14
and DVDs involving science fiction and fantasy adventures”; and, most importantly for
15 this action
16 Reg. No. 2,045,806, for “Computer game software and computer game programs
containing role playing games involving science fiction or fantasy adventures, or involving
17 character generation or scenario generation.”
18
Copies of the Certificates of Registration for these trademarks, printed from the USPTO database,
19
are attached, respectively, as EXHIBITS 5, 6, and 7 to this Counterclaim.
20
24. Palladium is also the owner of common law trademark rights in the “Rifts” mark
21
for games, namely, role-playing games in the fantasy and science-fiction genres, which have been
22
continuously produced and sold in various media, including, but not necessarily limited to printed
23
publications, collectible card games, and electronic and computer games, throughout the United
24
States and on a worldwide basis, dating back to 1990.
25
25. Palladium is the owner of a pending U.S. trademark application, Serial No.
26
85/043338 for “role playing games,” to further memorialize its rights in the Rifts mark established
27
///
28
///
5
37
P o l y g l o t
1 over the past 20 years, and already covered by its various existing registrations. See EXHIBIT 8,
2 printout from USPTO database re: Palladium’s pending registration.
3 26. The trademark for RIFTS® in the field of computer games and software was
4
™
registered on March 18, 1997, renewed in 2007, and has achieved incontestable status.
5 27. Additionally, Palladium obtained a federal registration for its “Rifts: Promise of
6 Power” computer game. Attached as EXHIBIT 9 is a copy of the specimen submitted to the
7 USPTO in conjunction with that application, showing a picture of the package cover to the game.
8 Palladium has been in negotiation over the past two years with several companies for development
9 of another computer game, an online MMORPG, which it expects to develop and launch in the
10 near future.
11 28. Palladium also owns a federally registered trademark for RIFTER®, for
12 publications relating to role-playing and games and fantasy adventures. See EXHIBIT 10, copy
13 of trademark registration certificate number 2,328,782 for RIFTER®.
14 B. Trion’s Wrongful Conduct.
15 1. The Infringing Game
16 29. Trion is, upon information and belief, the recently adopted new name for Trion
17 World Network, Inc. See EXHIBIT 11, Printout from Trion’s website at www.riftgame.com, p. 1
18 (“Trion Worlds, formerly known as Trion World Network, is poised to revolutionize the
19 connected games space …).
20 30. Trion claims to be “the premier publisher and developer of connected video games
21 ….” Id.
22 31. Trion claims to produce a variety of games in the genre known as “massively
23 multiplayer online games,” also known as “MMOs.” These are games that are played on
24 computers by thousands or even millions of players at once, via the internet. They rely on
25 computer software for the operation of the game, just as would a game played on a single
26 computer by one or two players.
27 32. On or about April 26, 2010, Trion announced that it would be launching a new
28 MMORPG in the near future entitled “Rift: Planes of Telara.” Id.
6
38
P o l y g l o t
1 33. According to Trion’s other website, located at www.trionworlds.com, “Rift: Planes
2 of Telara™ is a fantasy MMO Role Playing Game set in a dynamic world being torn apart by
3 powerful rifts from other planes.” See EXHIBIT 12, printout from www.trionworlds.com
4 website, p. 5.
™
5 34. As described, Rift: Planes of Telara (the “Rift Game”) is precisely the type of game
6 – a fantasy role-playing game – that Palladium has been marketing in a variety of media for 20
7 years under its RIFTS® trademarks, and which was the subject of the Rifts: Promise of Power®
8 computer game.
9 35. As evidenced from Trion’s websites, the RIFT mark is the dominant portion of the
10 Rift Game’s title and is, in fact, made more prominent in the game’s design logo. See, e.g.,
11 Exhibit 11, p.1, Banner Heading; Exhibit 12, p.1.
12 36. Furthermore, Trion previously introduced a version of this new game at an annual
13 industry trade show in 2009, the E3 Expo, as “Heroes of Telara,” announcing only recently a
14 change to a title including a variation of the RIFTS® trademark. As noted in a column dated April
15 26, 2010 by William Murphy of MMORPG.com (which stands for “Massively Multiplayer Online
16 Role Playing Game”):
17 At last year’s E3 Trion unveiled plans for their flagship MMORPG, Heroes of
Telara…. Heroes of Telara went into ninja-stealth mode and hardly a word was
18 uttered about it in the time since. The silence was finally broken Thursday night
with the unveiling of a brand new trailer, along with a brand new name. Heroes of
19
Telara is no more. Long live Rift: Planes of Telara.
20
See EXHIBIT 13, Printout from www.mmorpg.com website, pp. 1-2.
21
37. Whatever “buzz” or preliminary good will Trion may have built up in its proposed
22
new game, came under the title “Heroes of Telara,” until it announced on April 26, 2010 that it
23
intended to change the title.
24
2. Likelihood of Confusion.
25
38. It is also clear that the public will not readily distinguish between Trion’s “RIFT”
26
mark and Palladium’s RIFTS® mark. The Murphy column quoted above quickly moves, in
27
///
28
7
39
P o l y g l o t
1 discussing the new game, from use of “Rift” to the use of “Rifts” on a regular basis. A few
2 examples, among many, include:
3 • “The Rifts are causing creatures and life from other worlds to seep into and threaten
4 Telara.
™
5 • “There are two factions of belief concerning the Rifts of Telara.”
6 • “[T]he Defiants want nothing more than to harness the Rifts’ power.”
7 Exh. 13, at 2.
8 39. It is virtually certain that the “Rifts” version of the word will be used frequently
9 with reference to the Rift Game, thereby increasing the likelihood of confusion. Indeed, in
10 interviews and various materials, Trion and others have already begun referring to their proposed
11 game as simply “Rift.” See EXHIBIT 14, printouts from various internet websites, demonstrating
12 the contraction of the game’s title by both Trion and fans, even at this early date, with references
13 to “Rift”; “Rift’s”; and “Rifts” when referring to the game. Virtually nobody refers to the game as
14 “Telara” or “Planes of Telara.”
15 40. In fact, Trion promoted its Rift Game at the 2010 E3 Expo, held from June 15-17,
16 2010, after it had been sued by Palladium. As shown by EXHIBIT 15, a photograph of Trion’s
17 exhibit booth at E3 2010 promoting the Rift Game, the hugely dominant portion of the Rift Game
18 logo is the single word “RIFT,” cast in font many times the size of the infinitesimal “Planes of
19 Telara,” which can barely be seen beneath the RIFT logo.
20 41. Even where an effort is made to distinguish between RIFT and RIFTS, where the
21 singular term is used in its possessive, as it is already being used, “Rift’s” – referring to Trion’s
22 game – will sound exactly like “Rifts.”
23 42. In fact, the internet posters whose comments follow the Murphy article demonstrate
24 the conversion from RIFT to RIFTS within a mere day or two of the announcement of the game’s
25 title. Exh. 13, at 4 et seq.
26 3. The Infringing Trademark Application.

27 43. On April 21, 2010, Trion filed an application with the U.S. Patent and Trademark
28 Office for “Rift: Planes of Telara.” See EXHIBIT 16, Printout from USPTO’s TESS database for
8
40
P o l y g l o t
1 Serial No. 85/020022, for “Entertainment Services, namely providing online video games and
2 computer games.”
3 44. That application was filed under section 1(b), indicating that it is an “intent to use”
4
™
application and that Trion was not at that time using the mark commercially.
5 45. For the reasons shown above, the applied-for mark, as applied to the services it
6 purports to cover, infringes Palladium’s RIFTS® family of trademarks.
7 4. The Infringing Domain Name.

8 46. Trion has also acquired the domain name (URL) “riftgame.com.” See EXHIBIT
9 17, Printout from www.godaddy.com website. Although purchased by a “proxy” service to avoid
10 having to identify the owner, the information provided by godaddy.com indicates that the site is
11 being operated through “trionworld” servers.

12 47. The riftgame.com URL is being used to operate a website promoting the Rift
13 Game. The domain name consists solely of a minor variation on the RIFTS® trademark, in
14 conjunction with the purely descriptive term “game,” which is descriptive of the type of product
15 offered by both Trion and Palladium.

16 48. Used in this manner, the riftgame.com domain name is likely to cause confusion
17 among prospective customers seeking out Palladium’s Rifts® games on the internet. Indeed, a
18 variety of searches on Google.com indicate how Trion’s game is infiltrating searches that
19 primarily direct internet traffic to Palladium’s website and games. See EXHIBIT 18, Printouts of
20 Google searches for “Rifts MMO,” showing confusion as to whether Trion’s game is actually an
21 MMORPG of Palladium’s RIFTS®, and also showing likely diversion of internet users searching
22 for information on Rifts® to sites featuring information on Trion’s game.
23 49. Indeed, within mere days of Trion’s announcement of its “new” Rift Game, there
24 was ample evidence of actual confusion among the gaming community, the most likely users of
25 both Palladium’s trademarked role-playing game products and Trion’s new role-playing game
26 product. See, e.g., EXHIBIT 19, printouts of internet forum entries from fans of role-playing
27 games, containing just some of the numerous examples of consumer confusion already found
28 (with references to the page number in Exhibit 19 on which it is found)(emphasis is added):

9
41
P o l y g l o t
1 • … is this based off the old paper pencil rifts game? there are no gun, robots,
power, armor. nothing. but there is a lot of stuff that is like it looks like it is going
2 to be a bad rip off mixed with wow [“wow” stands for “World of Warcraft, a
popular MMORPG.] – p. 2.
3
4 • ™
Yeah, I looked at this because I thought to myself, “Sweet Jeebus, it‘s about
time Rifts made an MMO…. And then I saw it, and I was like, damn another
5 fantasy MMO clone. How dull. – p. 3
6
• So this is the Rifts, the classic pen and paper rpg game, converted to an
7 MMO? Interesting, not sure how you can fit it all in, Rifts was pretty epic in scale
and number of factions. – p. 4.
8
• Whoa, for a minute I thought they were making an MMO out of Rifts tabletop.
9 – p. 5.
10
• Honestly, I don’t blame Palladium Books a bit for suing Trion Worlds over this.
11 When I first heard of “Rift: Planes of Telara,” I assumed it had something to
do with the Rifts tabletop role-playing game myself. – p. 6.
12
• Ha, it’s funny because the first time I saw an article on Rift: Planes of Telara, I
13
immediately thought a Rifts MMO was coming out, and I got a little giddy.
14 RIFTS is an awesome setting, regardless of what anyone says. – p. 7.
15 • …when R;PoT was announced the first thing I thought of was Pallidium’s (sic)
Rift’s game, of which I have an somewhat unhealthy collection of books (30+). p.
16 8.
17
• RIFTS was the first thing I thought of too…. – p. 9.
18
• Same here. “Rift” immediately made me think of “Rifts” pnp [pen and paper
19 game]. Then I read into the details and thought even more that it was a game
based off of Palladium. – p. 9.
20
21 • I’m actually surprised that Trion went with the name, as it was the PnP game
[the Rifts® pen and paper game] that came to mind first when they announced
22 it. – p. 10.
23 5. Trion’s Wrongful Intent.
24 50. Palladium’s RIFTS® games and trademark have been exceptionally well-known in
25 the fantasy and role-playing game industry for the past two decades.
26 51. Trion represents on its various websites that it has personnel with many years of
27 experience in the gaming industry. For example, Trion cites to the recent acquisition of Scott
28 Hartsman, “who comes to Trion with more than 20 years of games industry experience and has
10
42
P o l y g l o t
1 contributed to more than 40 online products.” Purportedly, Hartsman was a former executive with
2 Sony Online Entertainment. See Exhibit 12, p. 3. Trion also cites to the acquisition of David Reid
3 as marketing director, who has “more than a decade of successes in the games industry.” Id.
4 52.
™
It is inconceivable that a company boasting such a wealth of individuals with such
5 broad-based experience in the gaming industry would not have institutional and individualized
6 knowledge of the family of RIFTS® products produced by Palladium over the past 20 years –
7 particularly given the introduction of the Nokia Rifts® computer game several years ago. Thus, it
8 is clear that Trion is knowingly and intentionally attempting to free-ride on the good will
9 established in the RIFTS® marks.
10 C. Irreparable Injury To Palladium.

11 53. Trion’s continued use of a mark substantially similar to Palladium’s RIFTS®
12 trademark will cause substantial consumer confusion and, in turn, will cause Palladium irreparable
13 economic harm. Palladium’s advertising and marketing are targeted to unsophisticated teenagers
14 and other fantasy and science fiction role playing game players looking for an exciting RPG, or
15 video/computer game. Many of these potential customers, who may have experience or be
16 familiar with Palladium’s high-quality and well-known products, will undoubtedly be confused
17 and misled by the existence of a competitor’s product – new and unproven – bearing a name
18 clearly evocative of the well-known Palladium family of Rifts® products. Moreover, the entry
19 into the market of a “Rift” MMORPG will taint that market irretrievably and make it far more
20 difficult for Palladium to succeed with its own planned Rifts® MMORPG.
21 IV. CLAIMS FOR RELIEF
22 First Claim For Relief
23 Trademark Infringement (15 U.S.C. § 1114)
24 54. Palladium repeats and realleges all allegations of the Counterclaim as if fully
25 restated herein.
26 55. At all times relevant hereto, Palladium has been the exclusive owner of the
27 trademark “Rifts,” including, among others, the following United States trademark registrations
28 ///
11
43
P o l y g l o t
1 for “Rifts”: Reg. No. 2,045,806; Reg. No. 2,889,353; and Reg No. 3,036,181, all of which are
2 valid and subsisting.

3 56. Palladium’s registered trademarks include:
4
™
“Computer game software and computer game programs containing role playing
games involving science fiction or fantasy adventures, or involving character
5 generation or scenario generation.”
6
57. Palladium is also the owner of a pending U.S. trademark application, Serial No.
7
85/043338 for “role playing games,” to further memorialize its rights in the Rifts mark established
8
over the past 20 years, and already covered by its various existing registrations.
9
58. Through continued and extensive use and advertising, the RIFTS® mark has
10
become exclusively identified with Palladium.
11
59. Trion has infringed Palladium’s mark in interstate commerce by various acts,
12
including the promotion and marketing of a computer role playing game entitled “Rift: Planes of
13
Telara.” Trion wrongfully used and continues to use a mark substantially similar to the RIFTS®
14
mark and/or other words, terms, names, symbols, or devices, in commerce, in connection with its
15
goods and services.
16
60. Such use is without permission or authority of Palladium and is likely to cause, and
17
has already caused, confusion, to cause mistake, and to deceive as to the affiliation, connection, or
18
association of Trion with Palladium, or as to the origin, sponsorship, or approval of Trion’s goods,
19
services, or commercial activities, by Palladium.
20
61. Trion’s violation of Palladium’s rights in the trademark “Rifts” is knowing, willful,
21
deliberate, fraudulent, and intentional, and was made with the knowledge that such violation
22
would damage Palladium and the trademark.
23
62. As a direct result of Trion’s violations, as aforesaid, Palladium has suffered
24
substantial harm including, but not limited to, irreparable harm which cannot be remedied unless
25
Trion is enjoined from use of the trademarks, as well as damages in an amount to be proven at
26
trial.
27
///
28
12
44
P o l y g l o t
1 Second Claim For Relief

2 False Designation of Origin -- 15 U.S.C. § 1125
3 63. Palladium repeats and realleges all allegations of the Counterclaim as if fully set
4 forth herein.
™
6 trademark “Rifts.”
7 65. Through continued and extensive use and advertising, the trademark “Rifts” has
8 become exclusively identified with Palladium.
9 66. Trion has wrongfully used and continue to use the mark RIFTS® and/or other
10 confusingly similar words, terms, names, symbols, or devices, in commerce, in connection with
11 their goods and services.
12 67. Such use is likely to cause and has already caused confusion, or to cause mistake,
13 or to deceive as to the affiliation, connection, or association of Trion with Palladium, or as to the
14 origin, sponsorship, or approval of Trion’s goods, services, or commercial activities, by
15 Palladium.
16 68. Trion’s violation of Palladium’s rights in the trademark “Rifts” is knowing, willful,
17 deliberate, fraudulent, and intentional, and was made with the knowledge that such violation
18 would damage Palladium and the trademark.
19 69. As a direct result of Trion’s violations, as aforesaid, Palladium has suffered
20 substantial harm including, but not limited to, irreparable harm which cannot be remedied unless
21 Trion is enjoined from use of the trademarks, as well as damages in an amount to be proven at
22 trial.
23 Third Claim For Relief
24 California Statutory Unfair Competition – Cal. Bus. & Prof. Code § 17200 et seq.
25 70. Palladium repeats and realleges all allegations in the Counterclaim as though fully
26 set forth herein.
28 trademark RIFTS®.
13
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1 72. Through continued and extensive use and advertising, the trademark RIFTS® has
2 become exclusively identified with Palladium.
3 73. Trion has wrongfully used and continues to wrongfully use the trademark and/or
4
™
colorable imitations thereof, in commerce, in connection with the sale, offering for sale,
5 distribution, or advertising of its goods and services, in violation of Palladium’s rights.
6 74. Trion’s conduct aforesaid is likely to cause confusion, or to cause mistake, or to
7 deceive consumers and the public.

8 75. Trion’s violation of Palladium’s rights in the trademark is willful, deliberate,
9 fraudulent, and intentional, and was made with the knowledge that such violation would damage
10 Palladium and the trademark.
11 76. By reason of the foregoing acts, Trion has intentionally caused a likelihood of
12 confusion among the purchasing public in this Judicial District and elsewhere, thereby unfairly
13 competing with Palladium in violation of California Business & Professions Code § 17200 et seq.
14 77. Trion’s aforesaid actions constitute unlawful, unfair, malicious, or fraudulent
15 practices that have injured and violated the rights of Palladium in an amount to be determined at
16 trial.
17 78. Further, as a direct result of Trion’s violations, as aforesaid, Palladium has suffered
19 Trion is enjoined from further violation of Palladium’s rights, for which Palladium has no
20 adequate remedy at law.
21 Fourth Claim For Relief

22 Infringement of Common Law Trademarks
24 set forth herein.
25 80. Since 1990, Palladium has been the owner of common law trademark rights in the
26 mark “Rifts” for games, namely role-playing games in the fantasy and science fiction genres.
27 81. The Rifts games involve, among other things, aliens, alien invaders, embattled
28 humans, supernatural beings, magic, time travelers, robots, powerful characters, and mythic
14
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1 figures, all of whom come through portals or dimensional tears, are engaged in invading the earth
2 and in other wars or conflicts, using a wide range of weapons, magic, armor, vehicles, demons,
3 elemental creatures, aliens, and supernatural beings.

4 82.
™
In order to convey the continuity of the Rifts® series, many of the Rifts® games
5 are titled “Rifts __________” – with a secondary phrase, such as “Promise of Power”; “Dark
6 Conversions”; “Chaos Earth”; “Megaverse in Flames”; and “Shemarrian Nation,” among others,
7 used to denote the particular story in the Rifts® series.

8 83. Over the past twenty years, Palladium’s Rifts games have been published and sold
9 in a variety of media, including, but not necessarily limited to, printed publications (i.e., pen and
10 paper games), collectible card games, electronic games, and computer games.
11 84. Palladium’s Rifts role-playing games have been sold continuously, and continue to
12 be sold, throughout the United States and internationally in numerous foreign countries.
13 85. Through its continuous use of its Rifts trademark over 20 years, Palladium has
14 established common law rights in the Rifts mark for games, particularly role-playing games in the
15 fantasy and science fiction genres.

16 86. Trion has infringed Palladium’s mark in interstate commerce by various acts,
17 including the promotion and marketing of a computer role playing game entitled “Rift: Planes of
18 Telara.” Trion wrongfully used and continues to use a mark substantially similar to the RIFTS®
19 mark and/or other words, terms, names, symbols, or devices, in commerce, in connection with its
20 goods and services
21 87. Such use is without permission or authority of Palladium and is likely to cause and
22 has already caused confusion, to cause mistake, and to deceive as to the affiliation, connection, or
23 association of Trion with Palladium, or as to the origin, sponsorship, or approval of Trion’s goods,
24 services, or commercial activities, by Palladium.
25 88. Trion’s violation of Palladium’s rights in the trademark “Rifts” is knowing, willful,
26 deliberate, fraudulent, and intentional, and was made with the knowledge that such violation
27 would damage Palladium and the trademark.
28 ///
15
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P o l y g l o t
1 89. As a direct result of Trion’s violations, as aforesaid, Palladium has suffered
3 Trion is enjoined from use of the trademarks.
4 Fifth Claim For Relief

™
5 California Common Law of Unfair Competition
7 set forth herein.
8 91. By reason of its acts aforesaid, Trion has intentionally caused a likelihood of
9 confusion among the purchasing public in this Judicial District and elsewhere, thereby unfairly
10 competing with Palladium in violation of the common law of the State of California.
11 92. By its actions, Trion has irreparably injured Palladium. Such irreparable injury will
12 continue unless Trion is preliminarily and permanently enjoined by this Court from further
13 violation of Palladium’s rights, for which Palladium has no adequate remedy at law.
14 93. Trion’s willful acts of unfair competition under the common law of the State of
15 California constitute fraud, oppression, and malice. Accordingly, Palladium is entitled to
16 exemplary damages pursuant to California Civil Code § 3294(a).
17 IV. PRAYER FOR RELIEF
18 WHEREFORE, Counter-Plaintiff Palladium prays for judgment against Counter-
19 Defendant Trion as follows:
20 A. That the Court enter judgment in favor of Palladium and against Trion on all claims
21 for relief alleged herein;
22 B. That the Court enter judgment that Trion has knowingly and willfully violated the
23 provisions of 15 U.S.C. § 1114(a) by infringing Palladium’s trademark rights in its federally
24 registered RIFTS® mark;
25 C. That the Court enter judgment that Trion has knowingly and willfully violated the
26 provisions of 15 U.S.C. § 1125(a) by making a false designation origin, false description, and/or
27 false representation leading to a likelihood of confusion within the purchasing public;
28 ///
16
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P o l y g l o t
1 D. That the Court enter judgment that Trion willfully and unfairly competed with
2 Palladium in violation of California Business & Professions Code § 17200 et seq.;
3 E. That the Court enter judgment that Trion willfully infringed Palladium’s common
4 law RIFTS trademarks;
™
5 F. That the Court enter judgment that Trion willfully and unfairly competed with
6 Palladium in violation of the common law of the State of California;
7 G. That the court enter a preliminary and permanent injunction providing as follows:
8 (a) That Trion, its partners, directors and officers, agents, servants, employees,
9 and all other persons in active concert or privity or in participation with Trion, be preliminarily
10 and permanently enjoined from directly or indirectly using “Rifts” or any other trademark of
11 Palladium, or any colorable imitation or variant thereof, as part of any trademark, service mark or
12 trade name, or in such a way as to be likely to cause confusion, mistake, or to deceive as to the
13 affiliation, connection, or association of Trion with Palladium, or as to the origin, sponsorship, or

14 approval of Trion’s goods, services, or commercial activities, by Palladium, enjoining specifically,
15 but not limited to, Trion’s use of “Rift: Planes of Telara” as the name of a computer game;
16 (b) That Trion be preliminarily and permanently required to cease the use of the
17 domain name “riftgame.com,” and to immediately shut down the website accessed via said
18 domain name, and to transfer said domain name to Palladium;

19 H. That Trion be directed to file with this Court and serve on Palladium within thirty
20 (30) days after the service of the injunction, a report, in writing, under oath, setting forth in detail
21 the manner and form in which Trion has complied with the injunction, pursuant to 15 U.S.C. §
22 1116;
23 I. That Trion be required to account to Palladium for all income and benefits received
24 by Trion from the use of Palladium’s trademark, or colorable imitation thereof, and that Trion be
25 required to disgorge all such income;
26 J. That Trion be required to deliver to Palladium and/or destroy, at Trion’s sole

27 expense, any and all goods, products, devices, literature, advertising, and other materials bearing
28 the infringing mark, pursuant to 15 U.S.C. § 1118;

17
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P o l y g l o t
1 K. That Trion be required to withdraw with prejudice their federal application, Serial
2 No. 85/020022, for the service mark “Rift: Planes of Telara”;
3 L. That Trion pay Palladium all damages available under the Lanham Trademark Act,
4
™
suffered by Palladium as a result of Trion’s violations of Palladium’s rights under the Lanham
5 Act, 15 U.S.C. § 1050 et seq., as aforesaid;
6 M. That Trion pay Palladium all damages available under California statutory and
7 common law for its violations of Palladium’s rights;

8 N. That Trion pay Palladium costs and expenses, including attorney fees, and all other
9 damages available for violation of the Lanham Act, 15 U.S.C. §§ 1051, et seq. and/or California
10 statutory and common law;
11 O. That Palladium be awarded treble damages pursuant to 15 U.S.C. § 1117;

12 P. That Palladium be awarded exemplary damages from Trion pursuant to California
13 Civ. Code § 3294; and

14 Q. That Palladium be granted such other and further relief as this Honorable Court
15 deems just.
16 DEMAND FOR TRIAL BY JURY
17 Pursuant to Fed. R. Civ. P. 38(b), Palladium Books, Inc. demands a trial by jury of all
18 issues in this case that are triable to a jury.
19
20 Dated: June 28, 2010 Respectfully Submitted,

21 THE KAUFMAN LAW GROUP
22
23 By:__________/s/____________
Gary Jay Kaufman
24 Attorneys for Defendant and Counter-Plaintiff,
25
26
27
28
18
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Final Judgment:
Wizards of the Coast V. Jonathan Dewayne Clifton et al
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All Aboard: Upper Deck Debuts Thomas & Friends™
Trading Cards!
Pop-Up Cards and Stickers Highlight Company’s Newest
Entertainment Trading Cards for Kids
™
Carlsbad, CA — The Upper Deck said Gabriela Arenas, Vice President, U.S.
Company, in conjunction with HIT Consumer Products – Thomas Division, HIT
Entertainment, is pleased to announce that Entertainment. “This is a fun way for kids to
it has just released the first trading cards of collect their favorite engine friends, and we
the #1 preschool property* and long-running look forward to working with Upper Deck to
television show Thomas & Friends™. Entitled expand the Thomas & Friends world in this
“Thomas & Friends Sodor Adventures category.”
Collectipak™,” the 18-card set includes cool
stickers, tattoos and pop-up cards of the most About Upper Deck
lovable characters from Thomas & Friends Upper Deck is the leading sports and
including Thomas, Percy, James, Emily, Sir entertainment trading card and collectibles
Topham Hatt and more. company. For more information on Upper Deck
“Upper Deck is thrilled to be releasing and its products please visit www.upperdeck.com.
this set of cards featuring Thomas & Friends,”
said Josh Zusman, Upper Deck’s Thomas & About HIT Entertainment
Friends brand manager. “It’s our pleasure to join in on all the HIT Entertainment is one of the world’s leading independent
fun that this No. 1 preschool property brings to the table for children’s entertainment producers and rights-owner. HIT’s portfolio
youngsters around the globe.” includes properties, such as Barney™, Bob the Builder™, Thomas
Targeted to kids between the ages of three and six, the & Friends™, Pingu™, Fireman Sam™, Angelina Ballerina™ and
fun, collectible trading cards from Upper Deck will appeal to Rainbow Magic™. HIT represents Chapman Entertainment’s Fifi
Thomas & Friends fans of all ages. The premiere installment and the Flowertots™ and Roary the Racing Car™ in North America
of Thomas & Friends Collectipak™ is an easy-to-learn and Japan, as well as Wallace & Gromit™, Shaun the Sheep™,
activity based on the travels of Thomas and his engine friends Timmy Time™ and Aardman Classics from Aardman Animations.
on the Island of Sodor. Youngsters will journey around the HIT also acts as representative for The Wiggles® in the UK.
island with Thomas & Friends and help their favorite engines Launched in 1989, HIT’s lines of business span television and video
get back to Tidmouth Sheds. production, content distribution, publishing, consumer products
In future releases of Thomas & Friends trading cards, licensing and live events and has operations in the UK, US, Canada,
Upper Deck will launch additional products including stand- Hong Kong and Japan. HIT is a part-owner of US-based preschool
up trading cards and sticker trading cards based on the channel, PBS KIDS SproutSM, and international preschool channel
popular preschool property* which is celebrating its 65th JimJam, (outside of the US, UK and China). For more information,
anniversary this year. The second Thomas & Friends trading visit www.hitentertainment.com.
* Source: US NPD Q1 2010 – Preschool Toy Category
card release from Upper Deck is scheduled to hit the market
in November 2010.
Thomas the Tank Engine™ was created by a father for MEDIA CONTACTS:
his son in 1945 and today is enjoyed by families in more than
185 territories in over 30 languages through books, DVDs, Terry Melia – 760-929-3055
live family events, on TV, online and in toys. Later this year, terry_melia@upperdeck.com
Thomas is moving full steam ahead with the debut of an Public Relations Manager
all-new CG animated television series in the U.S. with new The Upper Deck Company
friends and new adventures. Noelle Dong – 646-467-5336
“The distinctive engine characters of Thomas & ndong@hitentertainemnt.com
Friends lend themselves perfectly to trading cards, and Public Relations Manager
Upper Deck is the perfect partner to launch this new line,” HIT Entertainment
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P o l y g l o t
Hex Games Releases QAGS Cops & Robbers
Hex Games has just released Cops and Robbers: A Cinemechanix
Guide for QAGS.
Nearly every kid in the world has played Cops & Robbers at some
point. When we’re young, crime stories are very basic and the line
between good guys and bad guys is clearly defined. As we get older,
the stories become more morally ambiguous. Because crime stories at ™
their most basic are about the difference between Right and Wrong, the
genre is rife with role-playing possibilities.
Cops and Robbers: A Cinemechanix Guide for QAGS provides GMs
and players with extensive information about the crime fiction genre,
including types of stories, common character archetypes, genre tropes,
and QAGS mechanics for handling common situations like car chases,
Mexican stand-offs, breaking and entering, and interrogation. This
book is not intended to be a nut-and-bolts guide to criminal activity or
police work, but a useful resource filled with possibilities for your game.
Cops and Robbers–as well as the QAGS rulebook, The Pytheas
Club, American Artifacts, and more–can be purchased in PDF form at
www.hexgames.com and at the finer PDF sales sites for just $4.99.
For those who would like to sample QAGS, the QAGS Qik Start
Rules are available for download at www.hexgames.com, absolutely
free.
Cops and Robbers is written by QAGS co-creator Steve Johnson,
and illustrated by Leighton Connor and Joshua LH Burnett.
Play by your own rules. Have more fun!
Exclusively From Avalanche Press

We have four new Panzer Grenadier scenario supplements reprint (box, maps, counters) and that’s just not in the cards
ready for launch: Hopeless But Not Serious, DAK ‘44, Polish with so many new games needing to go to press.
Steel and Iron Wolves. All of them (and future supplements
like them) are going to be available Now Shipping: Battle of the Bulge
only direct from Avalanche Press.
We won’t be selling them through A core Panzer Grenadier title,
the distribution/retail chain, so if it’s finally back and now shipping.
you want them, you know where At $49.99 it’s a great value, and the
to get them. boards and pieces see use in many
supplements.
Bomb Alley Returns
Price Changes
At least for a short while: we
found parts for about 100 copies in Coral Sea and Pacific
the warehouse while searching for Crossroads move from $19.99 to
Battle of the Bulge maps. They’re $24.99 on Wednesday, so order
available for $49.99 apiece with no now and lock in that low intro
box and no dice, first-come, first-served. Once they’re gone, price! They’re a great value at either price, but don’t pass on
that’s it for this fine game for years. It’s going to need a full them at at less than twenty dollars.
57
P o l y g l o t
Tips from About.com
Business, Publishing, and Web Design
Business the Em Calculator will help you choose ems that are based
on a default size that you set. You put in the size in pixels
Is the 80/20 Rule of Business Outdated? you want, and the em calculator will tell you how many ems
Business owners are told to focus on the 20 percent of the that is. ™
customer base that produces 80 percent of the revenue. But I
wonder. Yesterday, I was coaching a client who… Read more XML Schema Tutorial – How to Write Your First XML
Schema
Should You Run a Side Business From Your Home? This is a great 5-part tutorial on how to write an XML
When people start a side business, there’s a temptation schema. You’ll learn about how to write simple and complex
(and rightly so) to keep costs down. It’s common to use your data types, sample code and definitions. Another great XML
home as your place of business, or perhaps… Read more series by Darla Ferrara.
Getting More Equity Value from Your Small Business CSS Pseudo-Properties Let You Style More than Just the
Most businesses with under $1 million in revenue (which HTML
is most businesses) sell at a pitiful multiple of earnings when When I first learned about pseudo-properties in CSS I
their owners decide it’s time. Typically they get… Read more was confused as I had a hard time grasping how you could
style something that wasn’t in the HTML. But then I started
General Resources for Entrepreneurs styling my visited and active links using a href=”http://
Miscellaneous resources, including a glossary and a guide. glclk.about.com/?zi=5/9uuN&zu=http%3A%2F%2Fwebd
esign.about.com%2Fod%2Fcss1%2Fp%2Fblpseudo_visite.
Building Your Web site
htm%3Fnl%3D1”>:visited and :active and I realized that
So you’ve crafted your idea and now you’re ready to start
those states are not part of the HTML, but they are part
building your online store? Great! Here’s what you need to
of the Web page construct. Then I decided to learn how to
know:
do a drop cap on my paragraphs using CSS and I realized
that the first-letter is also a construct on the Web page, even
Web Design
though it’s not defined by HTML. And after that I understood
CSS Sizes pseudo-classes and pseudo-elements.
When people think about sizes with CSS the most
common thought is font sizes. But you can set or change Publishing
the size of nearly anything on your web page with CSS. You
Design and Publish a Church Newsletter
can use the font-size property to define the size of your text
Does your church have a newsletter? Are you considering
elements. You can use width and height to define the width
starting one or perhaps revamping the one you already produce?
and height of almost any other element, including the width Either way, consider these 4 steps to designing and publishing a
of the entire page. But along with the size elements, you need church newsletter: software, templates, content, and layout. While
to know how to use the different measurement options like the template and content choices in this list are tailored specifically
px, em, and %. What this means is that figuring out CSS sizes to church newsletters, most all newsletter design basics apply no
can be very challenging. matter what kind of newsletter you publish.
Web Design Software Pick: Em Calculator Handing Out Business Cards

With all the discussion of ems for font sizes this week, Worried about handing out business cards to total strangers
I thought it appropriate if I told you about a neat tool that and fretting over resume and interview mistakes. Freelance vs. a job.
will help you set the default font size so that you can use ems That’s the theme of this forum discussion with good advice from
and still have a good idea of how big the font will display on forum members.
the screen. Ems don’t have an absolute size, but are rather
based on the value of the font size in the browser or parent 25 Years of Desktop Publishing
element. So determining how big an em is can be difficult. But Where were you in 1985?
58
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New Lanchester Picture
The original picture of the new Lanchester 6x4 Armoured
Car made it look like the model was higher at the back than
the front – this was the fault of my clumsy assembly, not the
model, when I pushed the front axle out of shape as I added
the wheels.
The new picture show the model as it should be: ™
http://www.copplestonecastings.co.uk/latest.
php
http://en.wikipedia.org/wiki/Lanchester_6x4_
Armoured_Car
Mark Copplestone
New guest for Fan Expo Canada: actress SUMMER GLAU,

Star of Terminator: The Sarah Connor Chronicles and
Firefly!
MORE GUESTS
We have just added more guests to our already incredible

celebrity line-up, including acclaimed actress SUMMER
GLAU! Star of Terminator: The Sarah Connor Chronicles and
Firefly! Check out all the guest updates here!
OGATA MEGUMI LIVE IN CONCERT
ONE NIGHT ONLY!

Limited to 1300 tickets!
Saturday, August 28th,
2010 at 7:30 pm in the
beautiful John Bassett
Theatre. See the singing
sensation straight from
Japan, only at FAN EXPO
CANADA™! HASBRO IS COMING
Also the star of
Evangelion as the voice of G.I. Joe and Transformers and Star Wars!
Shinji Ikari. Oh my! FAN EXPO CANADA™ is ecstatic to
welcome the world’s premier toy company as
a major exhibitor.
59
P o l y g l o t
ICE News
Spell Law II Express Additions #19
A compilation of This is a Critical

magical professions, spell issue! What that means
lists and options from many is that we are pre-sending
issues of Express Additions ™
the full page critical and
along with the official fumble tables from both
versions of such things RMC Arms Law and RMC
as the Druid and Arcane Spell Law. This will allow
magic, this product is sure you to expand your RMX
to enhance your RMC games, providing more
gaming experience. detail and a wider variety
The PDF is currently on of critical and fumble
sale for $9, but that price results that will most
won’t last long!! definitely enhance your
And as a special game and provide you
bonus, this PDF is fully with much more pleasure
bookmarked! and entertainment overall.
Signs & Portents 82 – Free to Download Now

The latest issue of Signs & Portents Conan
is now ready for download, and we have Faith and Blood, a complete scenario
some real treats this month! You can grab for Conan, where the players will search
a copy from; for a lost city.
http://www.mongoosepublishing.
com/home/series.php?qsSeries=13 Traveller
The Armed Free Trader, a complete
In this month’s issue new ship for explorers.
Matthew Sprange
Traveller
A sneak peek at character creation for Mongoose Publishing
Darrians. Tel: +44 (0)1793 434488 Fax:+44 (0)1793
497999 Mob: +44 (0)7891 624298
RuneQuest II: Clockwork & Chivalry http://www.mongoosepublishing.com
Adventure and source material for the
forthcoming setting for RuneQuest II.
Traveller
Augmetics and prosthetics for Traveller characters who
have foolishly engaged in combat.
Chthonian Stars
A preview of the worlds and Solar System of the
forthcoming Traveller setting.
60
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News from 0one Games
Venture© 0one’s Colorprints #9: Woodland
Glades: An RPG Resource Review By
After 2 years of developing 0one Megan Robertson
Games is proud to release his first
tabletop game. The game is awesome to This product provides you with four
look at and fun to play. ™ lush woodland locations to use when
Øone’s Venture©, Venture© for your characters wander off the beaten
short, is a fast, simple game of dungeon track and – probably – get themselves
adventuring, where brave heroes into trouble. Perhaps they have sought
undergo a quest to foil the schemes of out these locations on purpose, or
the Evil Keeper. they may have stumbled upon them
The heroes adventure in a deadly by chance in their travels, but here are
dungeon, where lurks a formidable a ruined manor house, an orc camp,
Servant of the Darkness, otherwise a hermit’s hut and a strange ziggurat
known as a Boss. Heroes must locate lurking amongst the trees ready for
and do away with this villain, but each them.
time a hero falls in battle, rests at a Technically, each is presented as a
shrine, or acquires treasure, they only single-page top-down view in both color
empower the Servant of the Darkness and grayscale versions. 0one’s custom
who waits for them at dungeon’s end. masterly of advanced PDF creation allow
Venture© is suited for 2-5 players. Sessions you to ‘Rule the Dungeon’: selecting a hex or
last an average of 60-120 min. depending upon square grid (or none at all), if you want doors
the quest. and furniture to appear, text or background…
Visit Venture’s Official Web site HERE even a compass rose to point North. As a handy
adjunct, you can choose to print all the color
Venture© – The Travelmate Edition pages, or all the grayscale ones, so you do not
need to page through selecting each page that
This less expensive edition of the game does you want in turn.
not contain paper models and miniatures but a Each of the four locations comes with a
set of counters allowing you to play the game paragraph outlining what the situation might
without have to build models and cut be – naturally, if something else occurs
miniatures. You can buy paper models or you already know that an orc camp or
and miniature separately. hermit is to be found in your woods you
can substitute your own plot details…
Venture© – Paper Models and or at least explain why the orcs have
Miniatures such a colorful encampment: they clearly
have never heard of camouflage!
This product contains a gorgeous set If you are looking to enliven a trek
of paper models and miniatures found through the forest with side adventures,
in Venture© fantasy tabletop game. The have need of one of these locations
miniatures and the models can be easily already or just wish to create a woodland-
used in any fantasy RPG game. based adventure this is a fine product to
add to your collection of maps and plans.
IN THE WORKS. Rating:[5 of 5 Stars!]
Product’s Page
Heavenring Village: Emporium.
Seventh product for the largest
village ever tiled.
61
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SSDC Monthly Report
It has been another month, and time for an update. Work super close to releasing Lock-N-Load: Weapons & Tactics as a
on Revised Edition v5 continues. I have spent most of time, PDF. It will come out this month, so keep watching.
recently, on the 120+ pages of very specific matrix feedback. Being as it is July, it is time for our Xmas in July sale. All
This is good stuff, but takes a long time to work my way orders are 20% off. You do not have to do anything special,
through. There have been a lot of feedback already on the
Engage playtest material. Our chief designer on Engage had ™
just place the order as normal on our web site, and when the
order is processed your 20% discount will be refunded (by
some personal issues, so unfortunately he has not been able
to respond, but be assured your feedback is not being ignored. next year our new web site will be up and we will be able
We had a great month of PDF sales at DriveThruRPG.com, so to offer a sale code so we do not have to do it this awkward
continuing the release of our print products as PDFs, we are way).
News from SWA

Call for GMs for the July 17th Game-a-thon, and Swap Meet
OGC 2010: July 23-25, 2010
The next Game-a-thon is coming up You can reserve your table(s) ahead of
on Saturday, July 17th. time by using the online registration form.
We are looking for people to GM. You will see the prices repeated there.
We would also like to know what games Please also note that you have to pay the
would entice you to attend. Game-a-thon registration in addition to
You can sign up to run a game using this form: the table rental fee if you play games.
http://www.swa-gaming.org/gameathoneventregistration We suggest that you use our Forum discussion boards
Or, you can request a game to be run here: to announce what you will/might bring. We suggest posting
http://www.swa-gaming.org/gameathonsuggestion in the Game-a-thon Planning category where the Game-a-
Please sign up by July 1st or sooner. That way we can get thons are announced. Giving folks a preview of what you'll
the word out in plenty of time for the Thon. bring might help ensure you get some buyers.
Please email us at gameathon@swa-gaming.org if you
July is a SWAp Meet Month! have any questions.
Hope to see you there.
We just want to remind everyone that the July Game-a-
thon is also one of our quarterly Swap Meet days. OGC 2010: July 23-25, 2010
Three times per year, at the January, April and July
Game-a-thons, we have a Swap Meet area at Game-a-thon. Events have been posted and registration
If you've got merchandise you'd like to sell, please consider is open for OGC 2010.
renting a table or two. This year’s convention takes place July
This is meant to be more of a Swap Meet / Garage Sale 23-25 at the Courtyard by Marriott Hotel in
atmosphere, and not intended for full merchant setups. Nashua, NH.
Each attendee can rent a maximum of three tables. The This year’s theme is “What if…?”, where
first costs $2, two cost $10, and three cost $20. As you can see, anything is possible and anything goes. Imagine
the price structure encourages individuals to rent few tables. the gaming possibilities! We get the best GM’s we
Each table is (2.5’ x 2.5'); a standard card table. Some can find to offer you three days of awesome gaming!
of them are kinda old and thus not very sturdy. Please keep Check out the events page on our web site at
this in mind when planning what you'll bring for sale. You www.OGC-con.com. New events are being added all the
can always put large or heavy merchandise underneath your time, so check in often.
table. See you at the con!
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Newest Featured Reviews from DriveThruRPG.com
Trail of Cthulhu: Castle Bravo As with all of the Trail of
by Pelgrane Press Cthulhu scenarios I've purchased,
http://rpg.drivethrustuff.com/ Castle Bravo is top notch. I'll give
product_info.php?products_ you fair warning. I ran this as a
one-shot and it ran 4.5 hours with
id=81388&it=1&SRC=polyglot
Price: $4.95 some serious cuts in material. If ™
Rating: 5 out of 5 stars (from NB you wa nt to include all/most of
Neil) the hooks and plot lines available
in this book, plan it for a 2 session
game at least.
Overall, this is written very clearly and is well structured. The
book starts out with the standard GUMSHOE story summary and
plot skeleton. It then goes into the particulars of the scenario starting
with the characters standing on the deck of an aircraft carrier before
a nuclear bomb is tested on a nearby item. That’s when very strange
happenings begin.
The group I ran this for really enjoyed it. It is definitely a “slow
burn” where the creepy stuff escalates slowly and then eventually
comes to a head. That’s when all heck breaks loose and the players
have to do whatever they can to survive.
The best part of the book is that it is modular in some respects so
that you can easily move the story along if things begin to drag. It is also
simple to improvise as your players go off the beaten path. As a GM
who routinely runs things fast and loose, I appreciate that.
Overall, this is a great change of pace for Cthulhu fans who are used
to classic 1930’s scenarios or modern day adaptations. The 1950’s McCarthy-esque paranoia and nuclear horror atmosphere
lends itself very well to a Cthulhu game and offers something different for your players. For the price, this is well worth your
money and then some. Buy this now and run it as soon as you get a chance.
Wu Xing: The Ninja Crusade On one hand, this game has an incredible amount
by Third Eye Games of detail.
http://rpg.drivethrustuff.com/ On the other hand, it’s too complex for rapid-fire
product_info.php?products_ character creation, meaning that you'll take a while.
id=82054&it=1&SRC=polyglot It has a lot of what I like from the d6 System style, with
Price: $14.99 gifts and drawbacks. They allow ultimate customization
Rating: 5 out of 5 stars (from of a character, at the cost of extended character creation.
Erathoniel Woodenbow) The fighting styles should always be presented as the
tables in the glossary, in my opinion (and they should
be referenced more loudly, since I tallied up my test
character’s fighting style effects by hand, leaving off only one point.
The game winds up applying massive modifiers to rolls. With +15 modifiers, plus the
potential to add even more modifiers, oftentimes the dice become minimally active, taking a
role only in the case of a critical failure or success, which oftentimes unbalances play, since the
game seems to “fight” the dice, making them irrelevant (when it’s possible to get a +10 modifier
bonus on your opponent, it’s pretty much no surprise as to which way the game goes).
I actually like it, despite its flaws, though, because it has an in-depth world, with lots of flavor and fluff to complement
the rules, which are simple, if a mite overly complex.
If you want a ninja game, this is the best one I've seen.
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Albion Armitage’s Astounding I have a soft spot for hidden shops
Arsenal that seem to pop up and vanish without
by 4 Winds Fantasy Gaming notice in various old cities across the
http://rpg.drivethrustuff.com/ world. In my experience these are
product_info.php?products_ usually book stores containing rare and
id=82101&it=1&SRC=polyglot powerful tomes of knowl edge. Today,
Price: $4.99 4 Winds Fantasy Gaming as given us
Rating: 5 out of 5 stars (from Ben a magically appearing armory which
stocks fabulous items, available to all
Gerber)
comers for a price. ™
As stated in the introduction, this
adventure would make for a very entertaining side quest for a group of mid-
level characters, perhaps involved in a larger campaign with a more serious
tone.
The product itself, all 56 pages, is very well put together. The illustrations
are good, the battle maps provided are an added bonus, the text reads well
and the items and enemies are enough to give an group of high-fantasy
adventurers pause.
In short, I like this adventure quite a bit!
Encounter tables for the journey to the armory are thoughtfully provided,
along with a host of unfriendly NPCs, an evil villain for the party to deal with
and a resolution that is satisfying to all (should everyone survive)!
At $4.99 – or roughly 1/5th of what you'll spend on the snacks you'd consume with your group on a gaming night, this
adventure is well worth the price.
Basic Roleplaying Quickstart As the Introduction states, this is

Edition a distillation of the core of Chaosium’s
by Chaosium Basic Role Playing system, the
http://rpg.drivethrustuff.com/ mechanic that has powered many of
product_info.php?products_ the company’s best-known games such
id=82093&it=1&SRC=polyglot as Call of Cthulhu and RuneQuest.
Price: $11.95 $2.00 While the full system fills many pages,
Rating: 5 out of 5 stars (from Megan it is simple enough for the core to be
Robertson) presented fully-playable here, as an
introduction or for use with a setting
other than the main game lines.
The Introduction continues with an explanation of what role-playing
games are all about, particularly useful if you’re using this work as an
introduction to this type of game as well as to the BRP system. In describing
what role-playing consists of, mention is made of the range of genres and
settings you can play in… and this core system will enable you to play in
any of them, with a suitable selection of character skills. What you need to
play, typical lengths of game sessions, dice and the role of the Game Master
round out the chapter.
Chapter 2: Characters looks at creating a character to play. The central
parts remain the same, whatever setting you intend to play him in. Your
character needs an identity (things like name and appearance), he'll need
basic characteristics (strength, dexterity and so on) and he will know a range
of skills. Characteristics are rolled using 3d6, and various other things are derived from the raw scores. Skills are all measured
as a percentage chance of success, and each one has a fairly low starting percentage that sometimes is based on one of the
characteristics… and then as you decide what the character knows and can do at the outset of the game, you can increase
the skills appropriate to his profession and background by spending points. Some equipment and an idea of what he’s doing
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P o l y g l o t
wherever your game begins and he’s ready for play.
Naturally, for a core set of rules, the range of professions and skills available are quite narrow. Other books provide more,
based on the genre and setting involved, and it is always open for players and GMs to come up with their own. The chapter
ends with some examples of character creation.
Next, Chapter 3: System looks at how you actually use that character’s abilities in play to determine his chance of success
or failure at, well, whatever it is he is trying to do. Die rolls are used when it matters – for your character or for the plot – what
the outcome is, and when the task being undertaken is one that you may not be able to do with any guarantee of success –
most characters can walk up the stairs or make a cup of tea without difficulty, but if you are fighting or defusing bombs or
driving a chariot in the arena it’s a bit more chancy! The basic roll to succeed is a percentage under a relevant skill’s chance
™
as written on the character sheet, but other factors such as the difficulty of the task and whether someone is opposing you
will affect the number you need. You have a chance to improve any skills that have been used successfully at the end of the
game session.
Chapter 4: Time examines how time passes during the course of a game. Sometimes several days or weeks pass with just
a couple of sentences, while upon occasion you need to know what is happening in detail, minute-by-minute – compare a sea
voyage with a fight, for example. Different skills use a different amount of time for a single use, from a few seconds to spot
something, to minutes to hold a conversation in a foreign language to hours or days spent doing research or painting a picture.
Then comes Chapter 5: Combat. This may or may not be a focus of your game, but it’s inevitable in most adventures that
at some point your character will have to use force to achieve his goals… or to defend himself against someone who wants to
stop him at all costs. Naturally, this is one time you need to take the action step-by-step taking turns to ensure that everyone
gets a chance to participate. Characters can wield weapons, dodge, move around and undertake other actions as appropriate.
Taking damage and healing it are also covered.
Next Chapter 6: Spot Rules looks at characters’ chances of noticing something – which may be a bit vital like someone
sneaking up to attempt to bash your character over the head! Or a vital clue that will make your investigation so much easier.
There’s also some examples of events in play, combat and otherwise, here.
Chapter 7: Adventures presents some brief encounters that serve to demonstrate both the rules in action and the breadth
of possibilities available in terms of genre, setting and style. Rescue a messenger and his vital message from the clutches of
Cardinal Richeleau as group of Musketeers, trek across a wilderness planet in the far future, loot a golden idol from a jungle
temple… or even rob a present-day bank! Each brief encounter (and there are several more as well as those mentioned)
gives a situation, a map, sample characters and details of the opposition: plenty to try the system out. There are also a few
additional monsters for good measure.
This serves as an excellent introduction to this particular game mechanic, indeed to role-playing as a pastime, and lays the
groundwork to enable you to decide just what sort of game you would like to play. It’s complete and playable as it stands, but
if you choose to acquire further material, you will not have to ‘unlearn’ anything, this core quickstart is true to the full ruleset.
The Genius Guide to the Armiger An often drawn comparison to real world
by OtherWorld Creations late medieval Knights is to that of a tank. This
http://rpg.drivethrustuff.com/ description has found its way in to modern
product_info.php?products_ gaming as well, when talking about your front
id=82057&it=1&SRC=polyglot line, damage absorbing fighter. The Armiger
Price: $2.99 takes this to the next level, being a master of all
Rating: 5 out of 5 stars (from Ben things defensive.
Gerber) I like this character and can see where it
would fulfill a definite roll in a party that already
has a front line fighter type. The Armiger is well
built and well balance, fulfilling the role of secondary fighter and primary brick wall.
That is, they gain personal defensive bonuses and the use of certain weapons while
using a shield and also grant some bonuses to those around them.
Sword and board taken to the next level.
While I don’t think this would be a good character to introduce as the sole fighter class in a party
I think it would be outstanding as an additional fighter – and that’s how the folks at OtherWorld
Creations designed it. It’s not a flaw in the build but a deliberate difference. I would have quite a bit
of fun running a campaign with a player choosing the Armiger and I think many others would as well.
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Newest articles from SelfPublishing.com
How did that Publishing Basics Seminar, in New York, work of many articles for those of you who are tired of waiting for
out for you? opportunities in the publishing world, and are ready to create
your own. Today, I’d like to discuss Personal Branding as a
For me the highlight of the Book Expo week was actually little-known strategy for authors to sell many more books. I
the Monday before the show even started. For $97 each, a call it… “Branding your Swag” – Click here to read full article.
room full of author/publishers enjoyed an all day, intensive ™
seminar presented by some of the top industry professionals. It Why the Obsession to “Protect” Your Writing is Misguided
was probably the best bang for the buck, from an educational
standpoint, offered so far this year – Click here to read full Most authors spend a lot of time obsessing about
article. protecting their work. They are worried about other people
“stealing” it without receiving payment. Whenever I do a
How did Book Expo America work out this year? seminar I always use the line: “Expect people to be dishonest
. . . you'll never be disappointed.” No matter how hard you
Going into this year there were lots of question marks try to protect your writing, it’s going to be pirated and stolen.
concerning this yearly event. It moved from three days to two Any and every content protection mechanism can and will be
and moved from the weekend to the middle of the week. The hacked. Given that is the case, the question is then: how to
show was condensed from two floors to one. Add to this the capitalize on this fact. – Click here to read full article.
fact that the US is in an extended recession with little good
news in sight. Now that the smoke has cleared, it’s time for an 3 Part Strategy to Building Your Next Media Campaign
assessment of the whole week, so if you’re interested in my
opinion… – Click here to read full article. If you think getting free media is easy, and means just
sending out a press release to automatically score coverage,
Is It Possible to Over Edit? think again. Successful PR or marketing is very rarely based
on random tactics; you need a media strategy that often
“Do you think I might be over editing?” an author asked requires a lot of heavy lifting. At its core, a typical Allen Media
me the other day. It was not the first time I’ve been asked. Strategies campaign centers on creating relationships with
Many of us ponder that same question while going back exactly the media personalities and outlets who can best tell
through our manuscripts one last time, making just a few your story, or even better, to let you tell your own story as an
final revisions—again. At times we feel like Dorothy Parker: interviewee, to the right audience. Done correctly, this kind
“I can’t write five words but that I change seven.” Oscar Wilde of strategic campaign can create credibility for you and your
expressed a similar view: “I was working on the proof of one brand, terrific lead capture on your web site and eventual
of my poems all the morning, and took out a comma. In the targeted product sales. – Click here to read full article.
afternoon I put it back again.” – Click here to read full article.
How long did it take you to find a publisher?
Ready to Graduate?
As the author of a children’s chapter book series, The
Spring and summer are seasons for commencement. Adventures of Drew and Ellie (MailScanner has detected
Students graduate from one level and move to the next. Some a possible fraud attempt from “newsletter.e-moxie.com”
pick up their diploma and step out into the “real world” with claiming to be www.drewandellie.com), I am often asked—
hopes and dreams in tow. Some sit and wonder, “what do I how long did it take you to find a publisher? “Well,” I begin.
do now?”-Are you ready to graduate from being a writer with “I only needed to look as far as the bathroom mirror.” I’ve
a manuscript to an author with a published book? – Click always been an avid reader and love getting drawn into one
here to read full article. of those “I-can’t-put-it-down” novels of mystery and intrigue.
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FROM THE MIND OF A HUSTLER uncle more than twenty times over, I’ve spent a fair amount
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determined to succeed, a go-getter. – Welcome to the first Click here to read full article.
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Battle Foam v. Outrider Hobbies trademark case ruling
Case 1:10-cv-00116-SM Document 9 Filed 06/29/10 Page 1 of 16
UNITED STATES DISTRICT COURT™

DISTRICT OF NEW HAMPSHIRE
Battle Foam, LLC,

Plaintiff
v. Civil No. 10-cv-116-SM

Opinion No. 2010 DNH 108
Bryan Wade, d/b/a Outrider Hobbies,
Defendant
O R D E R
Plaintiff, Battle Foam, LLC, is an Arizona limited liability
company that “specializes in laser cutting foam for carrying
cases sold in the war gaming market under the mark, BATTLE FOAM,
through [its] website www.battlefoam.com.” Complaint (document
no. 1) at 1. It brings this action against Bryan Wade, d/b/a
Outrider Hobbies, seeking preliminary and permanent injunctive
relief, as well as damages for alleged acts of trademark
infringement, unfair competition, false designation of origin,
trademark dilution, deceptive trade practices, injury to business
reputation, and misappropriation of trade secrets. Wade is also
a resident of Arizona.
While the complaint is replete with seeming hyperbole,
including allegations of industrial espionage, unauthorized
access to Battle Foam’s manufacturing facility, and theft of
trade secrets, it contains relatively few concrete factual
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P o l y g l o t
assertions. Nevertheless, it is clear that Battle Foam’s claims
rest, largely, on the following proposition:
™
Outrider Hobbies and Bryan Wade are trying to ride off
of the good will of the BATTLE FOAM mark in adopting a
similar military oriented FOAM CORPS mark, are passing
their products off as Battle Foam products, and have
taken other steps to improperly obtain trade secrets
from Battle Foam’s innovative foam laser cutting
technology.
Plaintiff’s opposition memorandum (document no. 6) at 1-2. To be
sure, Battle Foam has submitted what it claims is evidence of
consumer confusion between the parties’ respective marks. But,
as discussed below, that evidence is of questionable
authenticity.
Wade, proceeding pro se, has filed a motion to dismiss for
lack of personal jurisdiction and improper venue. In the
alternative, he moves the court to transfer venue to the District
of Arizona. Plaintiff objects and asserts that this court may
properly exercise specific personal jurisdiction over Wade.
Standard of Review
When personal jurisdiction is contested, the plaintiff bears
the burden of establishing that the court has such jurisdiction.
See Sawtelle v. Farrell, 70 F.3d 1381, 1387 (1st Cir. 1995);
Kowalski v. Doherty, Wallace, Pillsbury & Murphy, 787 F.2d 7, 8
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(1st Cir. 1986). Allegations of jurisdictional facts are
construed in the plaintiff’s favor, see Buckley v. Bourdon, 682
F. Supp. 95, 98 (D.N.H. 1988), and if, as here, the court

™
proceeds based upon the written submissions of the parties
without an evidentiary hearing, the plaintiff need only make a
prima facie showing that jurisdiction exists. See Kowalski, 787
F.2d at 8; Boit v. Gar-Tec Products, Inc., 967 F.2d 671, 674-75
(1st Cir. 1992).
Nevertheless, the plaintiff’s demonstration of personal
jurisdiction must be based on specific facts set forth in the
record in order to defeat a defendant’s motion to dismiss. See
TicketMaster-New York, Inc. v. Alioto, 26 F.3d 201, 203 (1st Cir.
1994). See also Jet Wine & Spirits, Inc. v. Bacardi & Co., 298
F.3d 1, 8 (1st Cir. 2002) (“Although the burden of proof is
light, [plaintiff] may not rely on the mere allegations of its
complaint, but must point to specific facts in the record that
support those allegations.”). And, “in reviewing the record
before it, a court ‘may consider pleadings, affidavits, and other
evidentiary materials without converting the motion to dismiss to
a motion for summary judgment.’” VDI Technologies v. Price, 781
F. Supp. 85, 87 (D.N.H. 1991) (quoting Lex Computer & Management
Corp. v. Eslinger & Pelton, P.C., 676 F. Supp. 399, 402 (D.N.H.
1987)).
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Because at least some of Battle Foam’s claims arise under
federal law, the court’s inquiry into whether it may exercise
personal jurisdiction over Wade is necessarily distinct from the

™
inquiry applicable in diversity cases. See generally United
Elec. Workers v. 163 Pleasant St. Corp., 960 F.2d 1080 (1st Cir.
1992). In a federal question case, “the constitutional limits of
the court’s personal jurisdiction are fixed . . . not by the
Fourteenth Amendment but by the Due Process Clause of the Fifth
Amendment.” Id. at 1085. This distinction is significant
“because under the Fifth Amendment, a plaintiff need only show
that the defendant has adequate contacts with the United States
as a whole, rather than with a particular state.” United States
v. Swiss Am. Bank, Ltd., 274 F.3d 610, 618 (1st Cir. 2001).
Importantly, however, “the plaintiff must still ground its
service of process in a federal statute or civil rule.” Id. In
other words, Battle Foam must demonstrate either: (1) that a
federal statute invoked in its complaint authorizes nation-wide
service of process; or (2) that it served Wade with a copy of its
complaint in a way that comports with the requirements of Rule 4
of the Federal Rules of Civil Procedure.
Here, Battle Foam does not claim that any of the federal
statutes under which it is proceeding authorizes national service
of process. Consequently, the Federal Rules of Civil Procedure
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P o l y g l o t
provide that it must demonstrate that Wade was served in a manner
consistent with New Hampshire’s individual long-arm statute. See
Fed. R. Civ. P. 4(e). That long-arm statute, RSA 510:4,

™
authorizes jurisdiction over foreign defendants to the full
extent permitted by federal law. See Sawtelle, 70 F.3d at 1388.
Stated another way, New Hampshire’s long-arm statute is
coextensive with the outer limits of due process protection under
the United States Constitution. Accordingly, the court need only
determine whether the exercise of personal jurisdiction over Wade
would comport with federal constitutional guarantees.
Hence, our analysis comes full circle. When

insufficient statutory authorization for
extraterritorial service exists, Rule 4(e) allows such
service “only to the extent permitted by the law of the
state in which the district court sits.” It follows
that, absent a federal statute permitting service of
process on [defendant] . . . , our threshold inquiry
must focus on [state] law concerning personal
jurisdiction, notwithstanding that this is a federal
question case. And, because state law is subject to
Fourteenth Amendment limitations, the minimum contacts
doctrine, while imposing no direct state-by-state
constraint on a federal court in a federal question
case, acts indirectly as a governing mechanism for the
exercise of personal jurisdiction.
United Elec. Workers, 960 F.2d at 1086 (emphasis supplied)
(citation omitted).
Ultimately, then, as in a diversity case, Battle Foam must
still show that Wade has “certain minimum contacts with the forum
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P o l y g l o t
such that the maintenance of the suit does not offend traditional
notions of fair play and substantial justice,” Helicopteros
Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414 (1984)

™
(citation and internal punctuation omitted), and that Wade’s
conduct bears such a “substantial connection with the forum
State” that he “should reasonably anticipate being haled into
court there.” Burger King Corp. v. Rudzewicz, 471 U.S. 462, 473-
75 (1985) (citing World-Wide Volkswagen Corp. v. Woodson, 444
U.S. 286, 297 (1980)). The court of appeals for this circuit has
summarized those jurisdictional requirements as follows:
To begin, the defendant must have purposeful “minimum

contacts” with the state. Further, the exercise of
jurisdiction must be “reasonable” under the
circumstances. The third requirement . . . is that the
plaintiff’s claims be related to the defendant’s
contacts.
Cambridge Literary Props. v. W. Goebel Porzellanfabrik, 295 F.3d
59, 63 (1st Cir. 2002) (citation omitted). See also Sawtelle, 70
F.3d at 1389-95 (describing the three essential jurisdictional
elements as “relatedness,” “purposeful availment,” and the so-
called “Gestalt factors”).
Background
Battle Foam is an Arizona limited liability company that
specializes in laser cutting foam for carrying cases that are
sold in the war gaming miniature market. It sells those foam
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P o l y g l o t
products under the mark BATTLE FOAM and does business throughout
the United States. Here in New Hampshire, it sells its products
through several gaming and hobby shops. It registered the

™
trademark “BATTLE FOAM” in 2009 and the “mark consists of
standard characters, without claim to any particular font, style,
size, or color.” Complaint, Exhibit A (document no. 1-2). It
has also filed a patent application for a “Method and Apparatus
for Fabricating a Foam Container with a Computer Controlled Laser
Cutting Device.” See Complaint, Exhibit C (document no. 1-4).
Defendant, Bryan Wade, resides in Queens Creek, Arizona. He
is employed as a full-time customer service representative and
also works as a part-time process server. Additionally, he does
business under the name “Outrider Hobbies” and maintains a Web
site with the same second level domain name. Like Battle Foam,
Wade produces foam inserts for carrying/storage cases, which are
used by players and collectors in the war gaming miniature
market. Although the record is not entirely clear on this point,
it appears that Wade sells his foam products primarily through
his Web site, but a few retail stores in Arizona, Pennsylvania,
and Texas also carry his products. Wade denies that he has ever
conducted business with any resident(s) of New Hampshire and says
he has never shipped any of his foam products or directed any
marketing or promotional material into this forum.
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P o l y g l o t
With respect to the merits, in support of its assertion that
“Foam Corps” is deceptively similar to its “Battle Foam” mark
and, therefore, is causing confusion among the consuming public,

™
Battle Foam submitted what it says is an e-mail it received from
a man named Jim Kavourias:
My name is Jim and I’m writing you because I have run

into a problem. I recently got some custom cut foam
for my army transport. When my foam arrived I was
surprised to see that the quality of the foam was much
less then what you post on your site. I ordered
several troop trays and I am mainly upset with the
quality of the glue and overall design. When I placed
my order I spoke to a man named Brian from foam corps.
He explained to me that “all battlefoam trays” are the
same quality and that my order would come out perfect.
At this point I am completely baffled since I had no
idea that these are not battlefoam trays. Your company
needs to place some kind of disclaimer pointing this
out to us customers. All foam looks the same to me and
when other companies are telling us that their trays
are the same and that they sell battlefoam it makes
things very hard. I tried to call the company I bought
it [from] but the sales guy told me to contact you.
Please help as I feel cheated here and foam corps or

battlefoam or whatever needs to make things right.
Complaint, Exhibit E (document no. 1-6).
Wade, however, has uncovered evidence that calls into
question the authenticity of that correspondence. In his
affidavit, Wade testified to the following:
Neither I nor Outrider Hobbies have ever conducted any

business with a “Jim Kavourias,” the confused customer
whose e-mail is attached to Plaintiff’s Complaint as
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P o l y g l o t
Exhibit E. Furthermore, there are no records in the

Outrider Hobbies Online Store database indicating that
Jim Kavourias ever purchased any products from Outrider
Hobbies or contacted me or Outrider Hobbies.
™
Despite my attempts to contact Mr. Kavourias through
the email provided, jkavourias@aol.com, I have never
received a response from Mr. Kavourias or an e-mail
indicating that my attempt to e-mail him was
unsuccessful.
On April 11, 2010, while searching the internet in an

attempt to locate Jim Kavourias by other means, I found
the names “Jim Kavourias” and “Jim K.” on the website
for Diablo Bats, another business of Romeo Filip [the
registered agent and a principal owner of Battle Foam].
Jim Kavourias was listed as someone that uses bats
manufactured by Diablo Bats and Jim K. had provided a
testimonial discussing his use of the bats. On April
12, 2010, Plaintiffs attorney was made aware of these
facts regarding Jim Kavourias. When I conducted
another search on April 15, 2010, I found that the name
“Jim Kavourias” had been removed from the Diablo Bats
website.
True Examples of the original website as found on April

11th, 2010, the changed website as found on April 15th,
2010, and a cached, or saved, version of the original
page from April 7, 2010 as found through google.com on
April 16th, 2010 are included as Defendant’s Exhibit A.
A True Example of the email, jkavourias@aol.com, being

associated with Jim Kavourias, a minor league baseball
player for the Florida Marlins is included as
Defendant’s Exhibit B. This example was retrieved from
the internet on May 14th, 2010.
Declaration of Bryan Wade (document no. 8-1) at para. 3.1
1
The Arizona Corporation Commission reports that Battle
Foam, LLC has two members: Romeo Filip and Jama Filip. The Web
site for Diablo Bats(www.diablobats.com/about_ash_maple_bats.htm)
lists Romeo Filip as the company’s president (though, perhaps,
that is a reference to Filip’s role as president of “Filip,
Inc.,” formerly “Big Bats, Inc.”). See Arizona Corporate File
no. 1059594-6, available at http://starpas.azcc.gov/scripts/
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It is, of course, possible that the fifth round pick of the
Florida Marlins in the 2000 draft is both a fan of Diablo bats
and a collector in the war gaming miniature market who is

™
familiar with Battle Foam’s products. It is also possible that
the baseball player who provided the testimonial for Diablo bats
and the confused customer who contacted Battle Foam simply share
the same name. A third possibility is decidedly less savory and,
hopefully, is not the case here.
Discussion
The reason Battle Foam decided to sue Wade in this forum -
nearly 2,700 miles from both its principal place of business and
Wade’s residence - is unclear. This, however, is undeniable:
short of filing in the District of Alaska, Maine, or Puerto Rico,
Battle Foam would have been hard pressed to find a more distant
and inconvenient federal forum in which to require Wade to appear
(the same is true for any potential witnesses - nearly all of
whom one might reasonably infer are beyond this court’s civil
subpoena power, including Mr. Kavourias). Wade believes this
suit and, in particular, Battle Foam’s choice of forum, are part
of a larger, ongoing pattern of harassment that he says has been
directed toward him.
cgiip.exe/WService=wsbroker1/names-detail.p?name-id=10595946&type
=CORPORATION
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But, of course, Battle Foam’s subjective motivations are, at
least at this juncture, immaterial to the legal issues before the
court, as are the merits of its questionable infringement claims

™
against Wade. For now, the court must focus on whether it may,
consistent with the Due Process Clause of the Fourteenth
Amendment, exercise personal jurisdiction over Wade.
I. Wade’s Ability to Appear “on Behalf of” Outrider Hobbies.
As a preliminary matter, Battle Foam objects to Wade
“representing” Outrider Hobbies, asserting that it is a “de facto
corporation,” and pointing out that pro se defendants may not
represent corporate entities. Plaintiff’s memorandum (document
no. 6) at 4-5. But, Battle Foam fails to explain precisely what
it means by “de facto corporation,” nor does it discuss the legal
significance of such an entity.
Outrider Hobbies is the name under which Wade transacts
business. It is not a corporate entity or unincorporated
association. See Declaration of Bryan Wade (document no. 8-1) at
8. Consequently, Wade is the only defendant to this action and
Battle Foam’s assertion that he cannot “represent” or “appear on
behalf of” Outrider Hobbies is without merit. See 28 U.S.C. §
1654. See also Centrifugal Force, Inc. v. Softnet Communication,
Inc., 2009 WL 1059647, 1 (S.D.N.Y. 2009) (“Since PowerLine
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P o l y g l o t
Computers is simply the alter ego of Staszulonek (and thus an
unnecessary party), Staszulonek may appear under both his actual
name and his ‘d/b/a.’ Although both ‘Staszulonek’ and

™
‘PowerLine’ are used in this opinion, the actual defendant in
interest is Staszulonek.”); Microsoft Corp. v. Moss, 2007 WL
2782503, 1 (N.D.Ga. 2007) (“A corporation cannot represent itself
in court without an attorney, and failure to comply with this
rule can result in default being entered against the corporate
party. . . . However, Earl, Tony, and Daphne Moss remain as
defendants, individually and collectively d/b/a Affordable
Computers, and, as individuals may proceed pro se.”).
II. Personal Jurisdiction over Wade.
Turning to the jurisdictional issue, it is plain that Battle
Foam has not carried its burden of making even a prima facie
showing that this court may properly exercise personal
jurisdiction over Wade. The thrust of Battle Foam’s argument is
this: that Wade has “sufficient minimum contacts [with this
forum] mainly because [he] own[s] and operate[s] an online
website that customers in New Hampshire and across the United
States can easily access and directly purchase the goods in
question.” Plaintiff’s memorandum at 2. See also id. at 5 (“The
www.outriderhobbies.com website and online store selling the FOAM
CORPS products are clearly accessible from New Hampshire and it
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P o l y g l o t
is easy for a business or resident of New Hampshire to log on to
this site and purchase goods from the website itself. Therefore,
Defendants are purposefully availing themselves within this forum

™
and are deriving the benefits associated with selling online to
all residents of the United States, including those in New
Hampshire.”).
In other words, Battle Foam urges this court to exercise
personal jurisdiction over Wade because he operates a Web site
through which residents of New Hampshire may, if they so choose,
purchase goods. But, Battle Foam has offered no evidence of any
such purchases. Nor does it have any evidence that Wade has
shipped any goods into this forum, or that he has transacted
business of any sort with even a single New Hampshire resident.
In Battle Foam’s view, merely operating a retail Web site that is
accessible by residents of New Hampshire is, without more,
sufficient to establish the requisite “minimum contacts” with
this forum.
Plainly, however, its position is incorrect. If a federal
court were to adopt Battle Foam’s view of “minimum contacts,” it
would undermine the concepts of due process and fundamental
fairness that are the linchpins to the personal jurisdiction
13
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P o l y g l o t
analysis. As the Court of Appeals for the Third Circuit has
succinctly observed:
™
[T]he mere operation of a commercially interactive web
site should not subject the operator to jurisdiction
anywhere in the world. Rather, there must be evidence
that the defendant “purposefully availed” itself of
conducting activity in the forum state, by directly
targeting its web site to the state, knowingly
interacting with residents of the forum state via its
web site, or through sufficient other related contacts.
Toys “R” Us, Inc. v. Step Two, S.A., 318 F.3d 446, 454 (3d Cir.
2003). As noted above, Battle Foam has pointed to no evidence
suggesting that Wade has purposefully availed himself of
conducting activity in New Hampshire.
In response to Battle Foam’s expansive view of personal
jurisdiction and its largely unsupported factual assertions, Wade
has submitted an affidavit in which he states that:
Outrider Hobbies has never conducted any business in

the state of New Hampshire. No customers from New
Hampshire have purchased any items from me or Outrider
Hobbies. Upon examination of my records, neither I nor
Outrider Hobbies have ever sent any promotional
materials to any retail or wholesale customers in the
state of New Hampshire. A search of my records
indicates that I have only done business in Arizona,
Pennsylvania, Texas, Illinois, Ohio, Alabama, Colorado,
New York, and Michigan.
Declaration of Bryan Wade, at para. 2. Little more need be said
on the matter and no complex or detailed legal analysis is
14
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P o l y g l o t
necessary. Given Wade’s unrebutted sworn testimony, it is plain
that this court lacks personal jurisdiction over him.
™
Conclusion
Battle Foam bears the burden of establishing that this court
may properly exercise personal jurisdiction over Wade. It has
failed to point to any evidence even remotely suggesting that
Wade has the minimum contacts with this forum necessary to
support this court’s exercise of personal jurisdiction over him.
Accordingly, Wade’s motion to dismiss is granted.
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 “intentionally
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
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P o l y g l o t
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. See generally
Fed. R. Civ. P. 11(b).
For the foregoing reasons, as well as those set forth in
Wade’s submissions, defendant’s motion to dismiss for lack of
personal jurisdiction (document no. 5) is granted. The Clerk of
Court shall enter judgment in accordance with this order and
close the case.
SO ORDERED.
____________________________
Steven J. McAuliffe
Chief Judge
June 29, 2010
cc: Scott A. Daniels, Esq.

Bryan Wade, pro se
16
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UNITED STATES DISTRICT COURT ™

DISTRICT OF NEW HAMPSHIRE
Battle Foam, LLC,

Plaintiff
v. Case No. 10-cv-116-SM
Outrider Hobbies and Bryan Wade,

Defendants
JUDGMENT
In accordance with the Order of Chief Judge Steven J. McAuliffe dated June 29, 2010,
judgment is hereby entered, and that the defendant shall recover his costs of the action from
plaintiff, if appropriate.
By the Court,
/s/ James R. Starr
James R. Starr, Clerk

June 30, 2010
cc: Scott A. Daniels, Esq.

Bryan Wade, pro se
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News from The Forge
Ork Mekka-Dread and Arms available to pre-order now
The extensively ‘kustomized’ walker machines are commonly fitted with multiple tool-equipped servo-arms for battlefield
‘fixins’ and experimental, energy-hungry weapons such as the outlandish Shunta, a compact
magneto-gravitic ‘traktor’ gun, similar to the Lifta-Droppa, which can hurl a bubble of energy
™
that smashes targets aside like a giant hammer. Their Big Mek pilots will delight in the
destruction of enemy vehicles, using the huge saw-blade arms often seen on the
Meka-Dread to strip the choicest scrap from the armoured carcass. Full
background and technical information, as well as rules for fielding a Meka
Dread in games of Warhammer 40,000 and Apocalypse can be found in
Imperial Armor Volume Eight: Raid on Kastorel-Novem.
The Ork Meka Dread, Shunta Arm and Kil Saw are available to pre-
order now for despatch in the week commencing June 28th. The Meka Dread is a fantastic
addition to the Forge World Ork range – it boasts dizzyingly fine details as you can see in
the gallery of images, from the huge, extra loud engine to the smashed and battered set of
viewing lenses that are used to aim the Shunta.
The Meka Dread Body is also supplied with a Big Mek pilot, holding the ‘complex’
Kontrol system of this unique war machine. These resin kits, designed by Phil Stutcinskas and Mark Bedford,
allow you to add a complete Meka Dread to your army, and are also fully compatable with the existing Mega Dread Body,
Rippa Klaw and Kil-Kannon for greater conversion potential.
Grot Tanks Update
Due to the incredible popularity of the Grot Tank Set that we

announced in our last newsletter, our Production team have asked for
more time to allow us to cast enough sets of these fantastic vehicles.
As such, the shipping date for these tanks has been grudgingly
moved to June 28th in order to ensure that we can release this
kit without disappointment- we will, of course, endeavour to
despatch all existing pre-orders as quickly as we can.
Imperial Armor Volume 8 Questions and Answers
Warwick has put together a question and answers page for Imperial Armor Volume 8: Raid on Kastorel-Novem. You can
grab a PDF copy of it here.
Forge World Events News
Forge World will be attending Games Day Spain on July 4th, and Games Day Baltimore on August 21st. We are now taking
reservation orders for both of these exciting events. Just send an email to forgeworldreservations@games-workshop.co.uk
including your name and a list of everything you'd like to reserve, and title your email “Games Day Spain Reservation” or
“Games Day Baltimore Reservation.” We must receive Games Day Spain reservations by June 21st at the latest, and Games
Day Baltimore reservations by July 5th at the latest.
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New – Lone Wolf and Traveller
Terror of the Darklords
The first major campaign for the Lone Wolf Multiplayer

Game book, Terror of the Darklords is an epic adventure that
will take the players from their quiet Kai monastery, through
conspiracies spreading across Sommerlund, to the heart of the ™
Darklords territory. Facing the greatest enemies the Darklords
can array against them, the players will find themselves at the
heart of great events, stalling a new invasion that threatens
to sweep Sommerlund off the map and bring a new dark age
to Magnamund.
For more information, visit; http://www.
mongoosepublishing.com/home/detail.php?qsID=1802
LBB 2: High Guard
The Little Black Books return! Harking back to the

original release of Traveller in the 70’s, the Little Black Books
from Mongoose bring the latest version of Traveller to your
gaming table in a handy and collectible size.
Command the stars themselves with the most powerful
fleets ever assembled. Dedicated to Naval characters, whether
actively serving on a frontline warship or semi-retired on a
rusting tramp freighter, High Guard expands the possibilities
of space combat. With a new and highly evolved starship
construction system and a wealth of choices for weapon
emplacements and other additions, no captain will want to
venture into space without this important manual at his side.
Naval characters will also benefit from new career options
and choices made during creation that will see them prepared
for the worst the galaxy can throw at them.
Includes all the latest updates and revisions!
For more information, visit; http://www.
mongoosepublishing.com/home/detail.php?qsID=1803
Matthew Sprange
Mongoose Publishing
Tel: +44 (0)1793 434488 Fax:+44 (0)1793 497999 Mob: +44 (0)7891 624298
http://www.mongoosepublishing.com
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P o l y g l o t
Margaret Weis Productions Reaches Out
to Retailers Directly
Williams Bay, WI — What do Clark Kent, The Winchester Brothers and Nathan Ford have in common? The answer’s
easy – great roleplaying game product produced by Margaret Weis Productions!
Margaret Weis Productions has long been known for producing award-winning role playing games including the
™
successful lines of Dragonlance, Serenity and Battlestar Galactica. Having found a solid niche in media tie-in game product,
Margaret Weis Productions recently secured the RPG rights for the CW’s Supernatural and Smallville as well as TNT’s hit
show Leverage. Product is already on the shelves for Supernatural with the first core releases for Smallville and Leverage
hitting retailers within the next 60 days.
“I’m really excited about the direction we’re taking Margaret Weis Productions,” says Founder and CEO Margaret Weis.
“We’re focusing our efforts on exceptional game product that captures rich storylines from properties that have an intelligent
and loyal following. Our goal is to give gaming fans and followers of these properties a great collection of product to enjoy for
many years.”
One of the initiatives Margaret Weis Productions is taking is to work more directly with retailers. Although now distributed
to the hobby market NON-EXCLUSIVELY through Alliance, Margaret Weis Productions is reaching out and will be working
with individual retailers directly if that is their preference. To that end, www.margaretweis.com has been recently updated
to highlight the current product lines offered by Margaret Weis Productions. Retailers are encouraged to be in direct contact
to receive pricing, a copy of their electronic product catalog as well as offer feedback on current and what could be future
roleplaying games produced.
The future is bright for all connected with Margaret Weis Productions. “We must be doing something right,” says Cam
Banks, Line Developer for Margaret Weis Productions. “We’re attracting some of the best designers, writers and artists in the
industry. They’re bringing fresh ideas that line up with our vision, and it’s a great honor to work with such excellent talent.”
For further information on what’s new and coming from Margaret Weis Productions as well as to be added to their product
update database, please contact Christi Cardenas by email at christi@margaretweis.com, or give her a call at 715.629.9277.
Counter Terrorism Adventure PDF

Bedrock Games Releases new Counter Terrorism Mission for Terror Network: Operation Hydra
Den
The dust has settled in Dallas, and the Al Mahara terrorist cell has left its mark upon American
soil. Retaliation is at hand, and you’re leading the charge.
Operation Hydra Den takes players to the sun scorched deserts of Saudi Arabia, where Al
Mahara agents have uncovered a source of uranium in a mountain range nestled between two
towns, each crawling with terrorists. Players must obtain evidence to launch an investigation against
Al Mahara and their nefarious leader, Muhammad Abaza, and take out as many terrorists as they
can along the way.
Operation Hydra Den can be played as a stand-alone mission, or part of a series of modules in
the Al Mahara campaign. This undercover operation will require skill, quick thinking, and a lot of
bullets to pull off, but missions like these aren’t given to just anyone.
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D&D 4e Dungeon Master’s Token Set – Now in Stock
We have just received the all new Dungeon Master’s
Token Set, lovingly crafted by Gale Force Nine –
and it is a gorgeous set!
You can see some pictures of it at; http://
www.mongoosepublishing.com/rpg/detail.
php?qsID=1835 ™
Gale Force Nine’s Dungeon Master’s Token Set
is the first of many accessories for DUNGEONS &
DRAGONS 4th edition. Created in co-operation
with Wizards of the Coast, this set contains
everything a DM needs to manage combats and
track the status of a dungeon’s denizens as they
battle intrepid adventurers.
After unwrapping this treasure trove of tokens,
the DM will find that these accessories are contained
in a handsome wooden box. Inside, the box is
divided into compartments to sort and store your
tokens and any other items the Dungeon Master
will be using; dice, pencils, miniatures or whatever!
The lid of the box is lined with felt, turning it into
the perfect dice tray to keep wild rolls under control.
Each full-color token is made from thin but
durable acrylic and the back is covered with a layer
of felt to protect your tabletop, map and miniatures.
The 22 dragonscale-shaped tokens are designed
to nest against the base of your DUNGEONS &
DRAGONS miniatures and indicate which game
effects they might be under. The 18 scroll tokens act
as handy reminders for status and ongoing damage
effects. These tokens are designed so the DM may
mark them with a wet erase marker (available
from any office supply or stationary store). The set
also includes 5 drop-shaped Bloodied tokens and
5 corpse markers.
The Dungeon Master’s Token Set serves as the
flagship release in a new line of official products for
use with DUNGEONS & DRAGONS. In the months
following its release, GF9 will introduce Player Character Token packs and a line of full-color vinyl encounter maps.
Matthew Sprange
Mongoose Publishing
Tel: +44 (0)1793 434488 Fax:+44 (0)1793 497999 Mob: +44 (0)7891 624298
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Publishing Industry Info and Tips from
The BookMasters Group
BEA Recap
The BookMasters Group experienced tremendous attendance in our booth at

™
the 2010 BookExpo America show in New York City. Our uniquely diverse range of
services for publishers of all sizes continues to attract national and international
attention.
Universal eBook conversion for all handheld devices with the largest eBook
distribution chain made BookMasters “the” place to tap into the fastest growing
segment of the publishing industry. At this year’s show BookMasters unveiled its
Auturo and Converso eBook services for creation and distribution of e-content
into the electronic marketplace. Along with traditional book manufacturing,
both offset and digital, full color and B&W, BookMasters Content Division has
expanded its already successful eBook conversion/distribution model by creating
unique package offerings tailored to both self-published authors as well as more
established publishing houses. These new models allow publishers to enter the
digital book arena with very competitive commission structures. Along with
making content available through resellers like Amazon, B&N.com, and others,
BookMasters has recently inked a deal to make their content available through Apple’s new iBookstore for purchase on the
iPad and iPhone 4.
Our booth was graced with entertainers-turned-authors Neil Sedaka, Peter Yarrow and Paul Stookey of Peter, Paul and
Mary, and others—from book signings to cooking demonstrations by Chad Carns, author of The Gourmet Bachelor. We also
hosted Sid Phillips, author of You’ll Be Sor-ree! and decorated Marine Corps vet who served in the Pacific in WWII and whose
story was featured in the HBO mini-series The Pacific.
Traffic through the booth was heavy both days and we look forward to returning to a three day schedule next year. Many
of our international customers who were unable to meet with us at the London Book Fair took the opportunity to connect in
New York.
All in all, a very exciting and successful show!
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Preview of Traveller Compendium 1
We have just posted a preview PDF of Traveller Compendium 1, a compilation of all your
favorite articles from Signs & Portents. Traveller Compendium 1 will be appearing in your local
stores towards the end of July.
You can find the preview and more details at; http://www.mongoosepublishing.com/home/
detail.php?qsID=1811
™
Matthew Sprange
Mongoose Publishing
Tel: +44 (0)1793 434488 Fax:+44 (0)1793 497999 Mob: +44 (0)7891 624298
Important Information About Necronomicon Game Day!

We’re only 31 days out from Necronomicon Game Day!
We currently have 25 games on the schedule, that’s quite a lot
for a single day. What we need now is YOU to come and play!
Pre-registration is currently only $15, and that lets you
play all day long!
We've got lots of great loot from our sponsors. Everyone
who comes will get a raffle ticket for our door prizes, we'll
also have a charity raffle with great stuff to win and more
surprises to come.
Visit our site http://necrogaming.org/gaming2.html to get your membership! Don’t miss out on all the fun.
Be sure to tell all your friends about it!
We hope to see you all there!
Dean & Heather Dryer

Gaming Directors
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Mutants & Masterminds Hero’s Handbook
The World’s Greatest Superhero RPG!
Since 2002, Mutants & Masterminds has earned its title Author: Steve Kenson
as the World’s Greatest Superhero RPG, inspiring countless
Format: 256 pages, full color, softback
game sessions and winning many awards for excellence. The
M&M Hero’s Handbook is the core rulebook of the game’s MSRP: ™
$32.95
third edition and it gives you everything you need to have Product Code: GRR5501
your own superheroic adventures. The detailed character ISBN-10: 1-934547-41-7
creation system lets you create the hero you want to play,
choosing from a wide range of skills, advantages, and power ISBN-13: 978-1-934547-41-0
effects. Customize your hero’s powers with modifiers to create Release Date: November, 2010
an almost endless range of superhuman abilities. Choose the
complications your hero must overcome, earning you the
hero points to achieve victory. You can also choose from one of more than a dozen heroic
archetypes, customize as you like, and be ready to play in just minutes!
The streamlined system of game play requires only a single die
roll and features easy to use rules. Play out an entire heroic
adventure in a few short hours without long, drawn-out
encounters. Plus the hero point system allows players to
influence the flow of the story and pull off superheroic
stunts in the best comic book tradition! Become
a hero of legend with the Mutants & Masterminds
Hero’s Handbook!
Selling Points
• Mutants & Masterminds has been one of the breakout RPG hits of the 21st century and the third edition is the best yet.
• The new DC ADVENTURES RPG is built on the Mutants & Masterminds third edition rules.
• The Hero’s Handbook is affordably priced for a RPG core rulebook.
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Arcana News
Stan Lee Headlines Arcana’s SDCC Plans!
Arcana Comics is proud to announce the legendary

Stan Lee will be signing copies of Arcana’s new pop culture
magazine Zedura at this year’s San Diego Comic Con!
Stan Lee will be on hand to premiere the new documentary ™
from 1821 Pictures, “With Great Power: The Stan Lee Story.”
After the screening, 5 lucky fans will get the opportunity to
meet Stan in a private meet and greet and get a signed copy
of the new Zedura Magazine featuring Stan on the cover, as
well as be invited to the exclusive Zedura Magazine/Stan
Lee party. Also, actress Malese Jow from The Vampire Diaries
will join Koni Waves writer/co-creator, Mark Poulton for a
signing at the Arcana booth (#2415) to promote the upcoming
Koni Konfidential. In addition, WWE Divas, the Bella Twins,
will appear at the booth, as well as all of your favorite Arcana
creators including screenwriter Scott Milam to debut his new
graphic novel, Killing Machine!
Clockwork Girl creators, Sean O’reilly and Kevin Hanna
will be on hand to host a panel and premiere new footage
from their upcoming animated film. Convention exclusives
will include Preview Editions of upcoming Arcana graphic
novels, A Cat Named Haiku tote bags, Koni Konfidential
skateboards, and a line of new Arcana t-shirts!
The San Diego Comic Con runs from July 22nd to the 25th. For more information, please visit: http://www.arcana.com
Arcana Studio Presents 2010
This year’s Arcana Studio Presents is

the homecoming for Mario Gully’s Ant.
Witness a preview of this new series, as
well as previews of the next installment
of Kade, Red Sun, and the all-new graphic
novel, Hope’s Virus all in this specially
priced 50 cent issue! Kade: Red Sun and
Hope’s Virus artist, Owen Gieni provides a
stunning cover!
Buy the book now: http://www.
arcana.com/store/
In Previews
This month in Previews, for items

shipping in August, Arcana will be
publishing Abiding Perdition GN (JUN10
0740), Koni Waves: The Perfect Wave GN
(JUN10 0741), Loosely Based GN (JUN10
0742), Philosopher Rex GN (JUN10 0743),
And Ripped GN (JUN10 0744) .
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Shipping This Month
This June beat the Summer heat with these Arcana new
releases: El Arsenal TP Vol. 1 (APR10 0725), Ezra: Evoked
Emotions TP (APR10 0726), Ezra: Egyptian Exchange TP
(APR10 0727), Kade: Red Sun TP APR10 0728), and Kade:
Rising Sun TP (APR10 0729).
Interview with Steven Prouse

™
This month, Arcana will preview an interview conducted
by Zedura Magazine EIC, Erik Hendrix with Coin Operated
Boy creator, Steven Prouse. For the full interview, be on the
lookout for the first issue of Zedura!
EH: Let’s start at the beginning… What was the first comic
you ever read and how did it influence you?
SP: I was actually introduced to comics characters at a very

young age through my childhood babysitter – the television.
However, I really became a comics reader with Batman #455.
That was the beginning of the story arc where Batman fought
Scarecrow ending with Tim Drake officially the new Robin.
Having known of the characters for years in their television
format, this story arc really showed me how very much alive
and dynamic these characters still were and it really made me
want to explore comics more.
EH: When did you get into creating comics? What was the
catalyst?
SP: I was 9 when I created my first comic. Notebook paper

and black, blue and red ballpoint pens and I had twin sons of
a dead planet. Superstar (a five pointed star with a red cape)
and Badstar (a five pointed star with blue cape), battling for
the fate of Earth.
I filled a note pad with their adventures. Nothing amazing, but the creation of those
stories really took me to places far away from real life – which is exactly what I needed at
the time.
In high school I found a muse of a friend who also loved creating comics. We bounced
ideas off one another and developed great worlds of fantasy and shared them with others.
While those worlds are forever filed in the back of my head, they really helped me develop
my love for telling stories.
To read the rest of the interview, be on the lookout for the first issue of Zedura Magazine
coming soon from Arcana!
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MFG4521 Automobile by Martin Wallace
Mid-Late Third quarter release, 2010
Automobile™ carries you back to the birth of America’s
car industry, when inventors, craftsmen, and entrepreneurs
created a wild array of marvels and misfortunes. You step
into this rough, romantic trade hoping to create a fortune ™
by building and selling cars. Tapping the talents of men like
Ford, Sloan, Kettering, Howard, Durant, and Chrysler, you
balance quality versus quantity, mass production versus
premium branding, and innovation versus distribution and
aggressive sales. Lose your balance and you go bust. Strike
the best balance, shift the right gears to best your rivals, and
you’ll be rich.
You might even win. So, pull up your sleeves and start
making cars!
Rich and brilliantly balanced, Automobile offers 3-5
players aged 13 and older – 2 hours of great flavor and fun.
“Any color you like… as long as it’s black!”
Automobile contains:
• A full-color game board
• 140 automobile tiles Automobile™ was created and designed by Martin
• 40 salesman tiles Wallace. Fine artwork by Frank Czarne. Produced in
• 48 factory tiles cooperation with 999 Games b.v. and Treefrog Games, Ltd.
• 16 demand tiles Copyright © 2009, 2010 Mayfair Games, Inc. and Martin Wallace. “Automobile” and the “Automobile
Plate” mark are trademark properties of Mayfair Games, Inc. All rights reserved.
• 6 character tiles
• 40 wood innovation cubes
• 50 wood loss cubes Bob Carty
• 9 wood special markers
• 10 wood player tokens VP Sales and Marketing
• Colorful paper money Mayfair Games, Inc.
• Simple, full color rules (813) 707-6659v
(813) 707-8791f
MFG4521 Automobile™ $50.00 bobcarty@mayfairgames.com
Ages 13+
For 3-5 Players
Playing Time 90-120 minutes
UPC 0-29877-04521-1-05000
ISBN 1-56905-240-9
Case Pack 4
Designer: Martin Wallace
Art: Frank Czarne
Made in U.S.A. & Germany
Dimensions 3.125 x 11.625 x 9.375
93
TGC – The Games Company secures worldwide
distribution rights to Alpha Polaris
The mystery-horror point and click adventure from Finland will
be ready to scare the wits out of gamers in early 2011.
Berlin, 15th of June 2010 Fans of adventures and puzzles are filled with excitement about the worldwide release of Alpha
Polaris in the first quarter of 2011. The Berlin-based Publisher, TGC – The Games Company, is working in partnership with the
Finnish developer, Turmoil Games, to bring this unique game to market.
In early 2011, gamers will be able to step into the shoes of the Norwegian biologist Rune Knudson to solve the mysteries
surrounding the research facility Alpha Polaris, which is located well north of the Arctic Circle. It is here in Greenland, miles
from any form of civilization, where Rune will be confronted with his biggest fears in a deadly race against time. Will Rune
and his team of researchers make it through this adventure alive?
It’s not just the setting that makes Alpha Polaris a great game; the outstanding and unique graphical style with a realistic
day and night cycle also really add to the atmosphere. Anyone who enjoys their adventures will be able to really indulge
in the classic puzzle elements and frights and thrills this game has to offer. The immersive storyline and extremely detailed
characters will also really blow you away.
More information about Alpha Polaris will be released shortly.
About TGC – The Games Company Worldwide extensive experience, high level of professionalism Ingo Horn
GmbH
and a strong global network of partners in this
International PR Manager
TGC – The Games Company is an innovative field handles publications related to next-gen tel.: +49 30 526853 300
content provider for all forms of interactive fax: +49 30 526853 004
consoles and PC with the same dedication it cel.:+49 178 5330238
entertainment. It was set up at the start of 2006 in
Berlin as an international publisher of computer lends to online, browser, mobile and social ingo.horn@the-games-company.com
and video games and as a developer of many
excellent and high-class in house productions. games. For more information on TGC and the TGC – The Games Company Worldwide GmbH
TGC is involved in conventional trade at home Ehrenbergstraße 19
unique innovative corporate concept, please visit
and abroad and all digital sales markets as well. Its 10245 Berlin
committed team, which stands out because of its www.the-games-company.com Germany http://www.the-games-company.com/
94
In-game screenshots and video for CMSF NATO
CMSF NATO, A first set of in-game (beta) screenshots and video for the upcoming
CMSF NATO module has been released today, showing mechanized Dutch forces in the
attack against Syrian defenders. The Netherlands is one of three (!!!) nations included
in the module, complete with new vehicles and equipment, TO&Es, and missions and
campaigns.
Click here to jump directly to the NATO media files page
95
Tech News from ZDnet
Microsoft starts sharing Windows 8 plans with PC partners
Microsoft’s next version of Windows client is far enough

along that the Windows team seems to have begun sharing
details about its goals with Microsoft’s PC partners.
READ FULL STORY
.XXX domain: A bit like Amsterdam… only different
Does the .xxx top-level domain actually mean anything

for us? Not really. Playboy.com isn’t going anywhere.
READ FULL STORY
How to pick the right SD memory card
NASA wants citizen scientists Need help deciphering SD card specs? The SD Association
has just announced two new symbols to help consumers
The space agency will call on all of us to help analyze choose the best SD memory cards for their specific needs and
data collected by NASA robots. devices.
READ FULL STORY READ FULL STORY
An iPhone wish list looks more like an Android feature list Keeping PCs and Macs in perspective
A survey revealed the features that are most wanted on Frank Shaw, Microsoft’s Corporate Vice President of
the iPhone. Interestingly enough, most of the items on that Communications, took the unusual step of sharing a bunch
list are already available on some of Google’s Android devices. of data on Microsoft and its competition.
READ FULL STORY READ FULL STORY
Apple sold 1.7 million iPhone 4s through Saturday, June 26 Motion-sensing technology behind Microsoft Kinect
controller coming to home theater PCs, cable boxes
Within three days of the live launch date, Apple sold a
whopping 1.7 million copies of the iPhone 4. Microsoft has been causing a commotion with its motion-
READ FULL STORY sensing Kinect controller, which it plans to bring to the Xbox
360 later this year.
Should Google worry about Facebook social search? READ FULL STORY
In a word, yes. It’s not quite as dramatic as All Facebook When a degree and experience means nothing on a resume
makes it out to be. They call Facebook’s Social Graph-based
search “a full scale attack on Google on all fronts at this With many levels of decent experience in writing and
point.” photography, along with this degree. What do they mean for
READ FULL STORY the employment agencies? Diddly squat.
READ FULL STORY
96
From DFC Intelligence
Gadgets Galore
We all knew that the 2010 E3 was going

to be about 3D and motion control. In this
regard we definitely were not disappointed.
Our heads were spinning with all the new
accessories designed to enhance the game
experience. Now the big issue is figuring out
whether consumers will bite. Overall, we
must say we remain a little skeptical about
some of the approaches.
DFC Intelligence just released its latest forecast of the worldwide video game, PC game and online game markets through
2015 where we forecasted a gradual slowdown in sales for the Nintendo Wii and Microsoft Xbox 360, with a pickup in sales
for the Sony PlayStation 3 in 2010 and 2011. Our forecasts vary significantly by country with the Xbox 360 stronger in the U.S.
and U.K., while the PlayStation 3 is stronger in continental Europe and Japan. However, we continue to believe that the Wii
will have the highest overall sales, even as the system faces a year-over-year sales decline.
This year’s E3 presentations did nothing to change DFC’s overall perspective. The strongest showing, ironically, was
Nintendo. The Wii software lineup was solid with a focus on core Nintendo franchises. However, the biggest surprise was
how impressive the portable 3DS looked. DFC has been cautious in forecasting sales for new portable systems, because of the
competition faced with smart phones and other portable devices. While we are still cautious, we think the 3DS looks like it
may be unique enough to stand out from the pack.
In terms of the overall vision for 3D in gaming, DFC remains skeptical. The reliance on glasses in all but the 3DS is
something we see as a possible impediment to widespread consumer adoption. We still think 3D may remain more of a
gimmick than something consumers want to do on a regular basis. Nevertheless, it could work as a selling point for a system
like the PlayStation. Consumers may not actually use any of the 3D features, but just the fact that they are there could
encourage them to buy a PlayStation 3 over a competing system. In other words, 3D could be a great showroom feature. It is
definitely a selling point for someone purchasing a 3D TV, but even if a consumer does not yet plan to buy a 3D TV they may
want the PlayStation 3 “just in case.” As for actual day-to-day practical use, we don’t see it yet.
In our view, much of what Sony is doing is trying to say their system has something for everybody. Of course, the big risk
is consumer confusion. We have to admit we are still coming to grips with all the different gadgets available for the PlayStation
3 and what games require what devices. Explaining that to consumers will be a major challenge for Sony and it will be
interesting to see their approach this fall.
Nevertheless, a key point worth noting is that having a lot of accessories for a system has worked in the past. For Sony,
the PlayStation 2 became the best-selling system ever because of its diverse product line. In Europe, the Eyetoy camera and
Singstar microphone were extremely popular add-ons that helped drive hardware sales. Those gadgets had much less of an
impact in North America. Meanwhile, the Wii has all kinds of add-ons: the Nunchuk, the Zapper, the MotionPlus, the Wii Fit
Balance Board, and the Wii Wheel being some of the official ones from Nintendo. It is clear that far from confusing consumers,
these accessories have helped the system appeal to a larger audience.
Which brings us to Microsoft. The Xbox 360 clearly needs to diversify beyond the core first-person shooter audience. At
E3 it was clear that Kinect is not designed for the hard-core game consumer. Microsoft is putting almost all its eggs into the
Kinect as a way to appeal to the “casual” consumer and expand its user base. Of course, Microsoft has been trying to do this
for some time and in that regards the Kinect can be seen as the latest in a long line of products intended to make Microsoft
a mass market entertainment company. Unfortunately, based on what we have seen, DFC continues to feel that Microsoft is
going to struggle to expand beyond its core audience.
The Kinect technology is cool, but in practical terms we feel it is somewhat limited. There are questions about how the
technology captures non-lateral movement, and there is the lack of complex control options. However, that’s not a deal
breaker for Kinect, as Microsoft is targeting a casual audience with family friendly titles.
97
With Kinect, Microsoft is trying to follow after what has worked for other companies. The Kinect clearly goes after what
Nintendo has done with the Wii and more specifically the Wii Fit Balance Board. However, it also emulates what Konami has
done with Dance, Dance Revolution, so it is arguably an enhancement over the Wii Fit. So at the end of the day, is the Kinect
going to be the latest in expensive workout gadgets designed to attract a fitness audience to the Xbox 360? It not only appeals
to mom for her workouts, but with the Kinectimals product, Microsoft is taking on Webkinz. While mom works out the kids
can use the Xbox 360 to play with stuffed animals. In other words, all these products have proven to be big consumer hits,
so if they are all on Xbox 360 every family in America is going to want an Xbox 360. Or at least that seems to be the theory.
There are numerous problems with this approach, but the biggest problem is Microsoft, at its core, is simply not an
entertainment company. Almost every time Microsoft has tried to emulate successful entertainment products they have failed.
Of course, the biggest exceptions have been some of their work in PC gaming prior to the Xbox and then the Xbox platform
itself. However, in both these cases the appeal was to a fairly high-end niche of dedicated gamers. With MSN and casual
games Microsoft was able to attract a fairly large and diverse audience, but these products were free. We don’t know the price
of the Kinect, but it is definitely not free. An Xbox 360 with a Kinect is likely to cost as much as an annual membership at the
local YMCA.
The true mass market that has driven hardware sales for systems like the DS, PS2 and Wii to the 100 million plus mark
(eventually in the case of the Wii) has eluded Microsoft’s grasp. Clearly it is not from lack of trying. With the Zune, Microsoft
made a major effort to challenge Apple’s iPod dominance. Closer to home, Microsoft has always tried to go after the Nintendo
audience. In 2002, Microsoft acquired the leading U.K. development house Rare. Prior to the acquisition, Rare had been a
leading developer of major hit exclusive titles for Nintendo platforms. The thinking was that Rare would attract Nintendo
fans to Microsoft’s platform. It didn’t happen.
In its business software, Microsoft has been successful in analyzing what works for users of other products and
incrementally incorporating those features into Microsoft products. The problem is developing hit entertainment products
simply does not follow that model. Take for example the Viva Piñata product, developed by Rare and released in November
2006 to compete with the release of the Wii and PlayStation 3. Viva Piñata followed along the lines of Nintendo’s wildly
successful Pokemon franchise, with a little Animal Crossing thrown in. Like Pokemon, Viva Piñata had its own television series
designed to drive kids to the game and vice versa. Microsoft even worked with 4Kids Entertainment to produce the show.
4Kids was the producer behind Pokemon. Viva Piñata was a well reviewed title, but has gone down as an obscure footnote in
the game industry. It clearly did nothing to establish the Xbox 360 with the core Nintendo audience.
Kinect is definitely an interesting product. We think it is more compelling than Microsoft’s Xbox Music Mixer product
released in late 2003 (for those that don’t remember, Music Mixer was a music application with a microphone designed to
turn the Xbox into a karaoke machine). At the end of the day, we see Kinect has having some appeal to a well-heeled fitness
audience. In terms of changing the overall video game hardware platform market share we see it having a negligible impact.
The Xbox 360 has some good years left, but the platform is clearly on the downside of its life cycle.
The longer term issue facing the console manufacturers is that the business model of launching a new hardware system
every five years simply no longer works. It is expensive to develop powerful new hardware, especially when the practice has
been to sell it below cost. Those costs are harder to justify when the prevailing consumer trend has been to less-involved
gaming experiences that do not require high-end graphics.
Profits need to be made by delivering products and services. The challenge in today’s market is it takes years for hardware
manufacturers to sell the products and services needed to make up for the losses of doing the research and development,
marketing and competitive pricing needed to build the installed base of a console system. Products like Kinect and PlayStation
Move are an attempt to get around this dilemma. Unfortunately, we think they are at best a temporary attempt to tackle a
much larger strategic issue.
To sign up to receive a free copy of our monthly client report, the DFC Dossier, go here. For more information about DFC
Intelligence reports please go to our individual reports page. For more information on custom research services and research
packages click here.
98
Empires of Steel Full Game Replay downloads
One of the (many) unique features of Empires of Steel are Full Game
Replays, i.e. the ability to save and review an entire game from start to
finish, and even share it with other players. For the currently running
Empires-of-Steel-A-Thon tournament, we have just posted game replay
files for the first three games of Round 1 for download. You can watch every
player’s move and see all the action unfold turn by turn
Click here to jump directly to the EOS-A-Thon tournament page
Instructions for opening these files: go to “Single Player > View Old
Game” and select the game to view. Ownership of the Empires of Steel game is required to w atch the replays.
News from GameIndustry.com

Reviews
Dead to Rights: Retribution

Dead to Rights: Retribution totally reboots the series in a good way, adding a great mix of shooting and hand-to-hand
combat, plus stealth missions and a whole lot of blood. Did we mention the blood?
http://www.gameindustry.com/review/item.asp?id=1209
Alpha Protocol: The Espionage RPG

Although flawed in several areas,
Alpha Protocol proves to be a capable
espionage action RPG title, and we all
know there aren’t very many of them to
go around. For fans of spy thrillers, this is
not one to be missed.
http://www.gameindustry.
com/review/item.
asp?id=1213
99
Prince of Persia: The Forgotten Sands
In many ways, Prince of Persia: The Forgotten Sands
video game is worlds better than the Prince’s current
blockbuster movie, and that’s a good thing for gamers
everywhere. The game is far from perfect, but taken as
a whole, makes good use of the great Prince of Persia
franchise.
h t t p : / / w w w. g a m e i n d u s t r y. c o m / r e v i e w / i t e m .
asp?id=1211
Red Dead Redemption

If you thought Rockstar was all about street racing, drugs
and thugs, you should see Red Dead Redemption’s Old West.
A truly open world, it has more in common with Oblivion
than GTA. As the first perfect 5 GiN Gem title released this
year, this one has got to go into your collection.
http://www.gameindustry.com/review/item.asp?id=1210
Podcasts
E3 Wrap Up
The 2010 Electronic Entertainment Expo has come and gone, and what a show it was! Motion controlling and 3D could
change everything. The Gamer Geeks digest (and argue about) all the news among the crazy hype of this year’s E3 show.
http://www.gameindustry.com/podcast/item.asp?id=74
A Game Industry Career?

Lots of universities are now offering game degrees, but at least one executive from EA says they aren’t worth the paper
they’re written on. Instead, he urges degrees in more general fields, so grads can work outside the industry if needed. With
Kelly going back to school, it’s an issue of utmost importance for her.
http://www.gameindustry.com/podcast/item.asp?id=73
Editorials: Are Games Going Clean?
Our industry is changing. We’re becoming more mature, more bound by society’s rules and more demanding of our
developers. We might still ride the back trails once in a while and talk about the good old days of Soldier of Fortune and Hot
Coffee, but it’s not our path anymore. For better or worse?
http://www.gameindustry.com/editorial/item.asp?id=480
GiN Hardcore: Kinect At E3
One of the biggest announcements at E3 is Microsoft’s Natal changing to Kinect. And Todd for one is looking forward to
a new way of playing games. Find out why Kinect may be the only thing Todd preorders this whole year.
http://www.gameindustry.com/editorial/item.asp?id=481
Stock Market: A Pre-E3 Bounce?
The GiNdex continues its long habit of treading water again. This week we’re down 39 points and we can only hope that
next week we'll gain as we get our E3 bounce. Will it happen again?
http://www.gameindustry.com/gindex/default.asp
100
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UNITED STATES DISTRICT COURT

PALLADIUM BOOKS, INC.,

jurisdiction. This matter is now ripe for decision by the Court.

UNITED STATES DISTRICT COURT

PALLADIUM BOOKS, INC.,

jurisdiction. This matter is now ripe for decision by the Court.

Palladium, a corporation based in Westland, Michigan, is a publisher of science fiction and

and-pencil games, card collections, and electronic computer games.

marketing or advertising to the State of Michigan.

play it interactively against others via the hosting company’s server.

At issue here is Trion’s development of a server-based MMORPG called “Rift: Planes of

costs in launching the game and preparing for the show.

It is well-settled that in order to grant an injunction or award of money damages to a party,

The existence of any of the following relationships between a corporation or its

(1) The transaction of any business within the state.

(3) The ownership, use, or possession of any real or tangible personal

sold, or from where the www.riftgame.com website is available. Palladium’s allegations of

long-arm statute, this ruling would be subject to a determination as to whether an assertion of

exercise personal jurisdiction:

totality of the circumstances, as opposed to assessing them in isolation.

either to a deliberate undertaking to do or cause an act or thing to be done in Michigan or conduct

which it describes as an instrument of communication which is passive in nature. The Sixth

In determining whether the operation of a website constitutes a purposeful availment

Here, Trion’s website cannot be fairly characterized as highly interactive, inasmuch as a

by maintaining its website.

As an alternative to the “purposeful availment” standard in the context of trademark

were “expressly aimed” at Michigan.

In its motion, Palladium suggests that by selecting an infringing name, maintaining an

on widely accessible websites is sufficient to establish minimum contacts in a particular forum,

jurisdiction in Michigan courts.

process analysis must be resolved in favor of Trion. ™

Michigan or otherwise distributed to Michigan consumers; (4) marketing plans;(5) shareholders

its discretion in denying jurisdictional discovery.” Carefirst Of Maryland, Inc. v. Carefirst

1970). Moreover, as Palladium acknowledges, it proposes no manageable timetable under which

reasons, Palladium’s request for expedited discovery must be denied.

lack of personal jurisdiction.

Date: June 11, 2010_____ S/Julian Abele Cook, Jr.____________

1 Gary Jay Kaufman, Esq. State Bar No. 92759

17 Attorneys for Defendant/Counter-Plaintiff,

19 denies Plaintiff’s characterization as to the significance of that language.

21 contain the phrase “Palladium Books presents:” preceding the title.

22 17. Paragraph 17 contains purely subjective opinion and characterization which

23 Palladium denies as untrue.

27 20. Palladium denies as untrue the allegations of paragraph 20.

10 24. Palladium denies as untrue the allegations of paragraph 24.

16 high likelihood of confusion going forward.

27 for the website devoted to its game.

Date: June 11, 2010_ S/Julian Abele Cook, Jr.________