Looks like Amazon has folded to the prevailing geek community by restoring the book back to being purchasable. You can find it
here.
I would like to point out
Harvard Law School's page on Trademark law:
"The standard is "likelihood of confusion." To be more specific, the use
of a trademark in connection with the sale of a good constitutes
infringement if it is likely to cause consumer confusion as to the
source of those goods or as to the sponsorship or approval of such
goods. In deciding whether consumers are likely to be confused, the
courts will typically look to a number of factors, including: (1) the
strength of the mark; (2) the proximity of the goods; (3) the similarity
of the marks; (4) evidence of actual confusion; (5) the similarity of
marketing channels used; (6) the degree of caution exercised by the
typical purchaser; (7) the defendant's intent."
1) Yes, as a geek we know what Space Marine means and looks like. We are not likely to be confused to think Spot is some renegade God-Emperor hating demon.
2) Amazon has both items for Warhammer 40K and this book but not on the same page
3) Can you confuse this with anything GW?
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| Picture linked from Amazon's site. Not mine |
4) Did someone complain that they thought this book was directly related to Space Marines? Now, I do admit, I am sure that this book would be more balanced than anything GW put out, but come on...
5) GW recently discovered the Internet to which they are both now selling on books on.
6) Well you got me there... a typical purchaser of GW stuff would buy anything with the name Space Marine on it.
7) I doubt that the "daughter of two Cuban political exiles" had any intent to try to rip off GW.
There you have it folks. GW believed that this novel was such a threat to their copyright because the name Space Marine appeared on the cover that they fought to have it removed.
By the way, have you seen the stuff that Privateer Press is putting out. I suggest you throw money their way because they make a better game, just announced a new global tournament arena which they are supporting, releasing cheap plastic models, and a year long campaign which you get prizes for participating in honor of their new faction coming out.