Fuck No, I'm Not Giving Our Clan Logo Back

ESA Threatens Kotaku

Last month someone created a genius T-shirt that put a gamer's spin on the age old "yo mamma" bag. The shirt read "Your Mom's Rated E for Everyone." Who wouldn't think that's friggin hilarious. The ESA, that's who.

Earlier this week the Entertainment Software Association sicced their lawyers on us. Demanding that we take down the post about the shirt, calling it an advertisement and saying that the shirt would create consumer confusion and a "substantial likelihood that the ESRB certification marks will face tarnishment and dilution."

OK, so they were confused. So we wrote back to point out that the post was in fact editorial content and not an ad and that we have nothing to do with the shirt. Problem solved.

Nooooo.

The ESA responded demanding that we remove the post, image and links and prove we had done sone within three days.

Our response: Go to hell. Sure, it was much more eloquently stated, but the fact is that the ESA can't control editorial content of a website. As a matter of fact, they probably can't stop the shirt seller either, since the creation is so obviously a parody.

As gaming becomes more and more mainstream I think we're going to see more of this. The ESA and the companies that make it up no longer control what is said about them which is a good thing for us and a bad one for them. Brian Crecente

To Whom It May Concern:

The Entertainment Software Association (ESA) owns both Federal Trademark and Federal Copyright Registrations for all of its ratings in a rectangular box, with a rating tag line. As such, the rating in a box design may only be used in connection with entertainment software that has been rated by the Entertainment Software Rating Board (ESRB) and under no circumstances may the ESRB ratings be modified, or used to sell merchandise.

It has come to our attention that Kotaku is advertising on its website www.kotaku.com, a t-shirt that is using an unauthorized "E" rating in a rectangular box (see attached). The rectangular box design and tag line on the t-shirt is virtually identical to the ESRB's rating in a box design and tag line (hereinafter "rating in a box design"). We believe that this t-shirt ad will result in consumer confusion, and a substantial likelihood that the ESRB certification marks will face tarnishment and dilution.

This matter is of serious concern to the ESA. Therefore, we write to demand that your company immediately remove the t-shirt from your website, and cease from displaying the t-shirt, or any other rating in a box design similar to the ESRB's, whether used in conjunction with promoting, or advertising the sale of merchandise or otherwise.

Please provide us confirmation that the t-shirt has been removed, by responding to this email within five (5) days. If you have any questions, please feel free to contact me at the number below.

Thank you for your immediate cooperation.

Christina L. Boone
Entertainment Software Association
317 Madison Avenue - 22nd Floor
New York, NY 10017