[quote who="Elestan" reply="1" id="3712252"] One point of correction: "Toys for Bob" isn't involved in this. Paul and Fred are working as individuals outside their company, presumably because if they didn't, Activision would own the game. [/quote] The UQM project attributes copyright to Toys for Bob, so it is not completely disassociated from the whole mess.
[quote who="Frogboy" reply="644" id="3712144"] But that isn't the same as saying that they could just do it without coordinating together in some fashion to avoid confusion. The Star Control aliens are part of...duh...the Star Control universe. This isn't remotely controversial. If someone else wants to use the aliens associated with Star Control they have to coordinate with us to communicate to the fans how the games relate to one another. You can't u
There is precedence for free distribution via the internet to constitute "transport in commerce, resulting in the creation of trademark rights and priority" : https://caselaw.findlaw.com/us-11th-circuit/1481575.html Being free does not appear to preclude something from using (or infringing upon) a trademark.