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Diesel jeans files opposition to Dieselstormers trademark
Lawyers representing the Diesel fashion brand have filed legal opposition to attempts by Germany's Black Forest Games to trademark "Dieselstormers" as the title of an upcoming run and gun shooter. According to Diesel representatives, the game's title could cause confusion in consumers. Despite Diesel being known almost exclusively for its clothing (and its jeans in particular), the company holds a trademark over the term "Diesel" in numerous miscellaneous fields including video games. While this trademark squabble awaits an official ruling, Black Forest Games remains confident that Diesel has no case. "In all probability an understanding will be reached as Black Forest have no intent to create clothing under the Dieselstormers brand - and the "Diesel" part of Dieselstormers refers to the liquid fuel type of the same name and is not a parody of the fashion brand," reads an official statement from Black Forest. [Image: Black Forest Games]
The TUAW Daily Update Podcast for July 15, 2014
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get some the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the player at the top of the page. Be sure that your podcast software is set up to subscribe to the new feed in the iTunes Store here.
U.S. Patent office refuses to grant Apple's "Touch ID" trademark
The term "Touch ID" is now synonymous with Apple's flagship iPhone, but don't tell that to the United States Patent & Trademark Office. In a letter published on Sunday, the agency ruled that granting Apple the trademark would lead to a "likelihood of confusion" among consumers due to an existing "Touch ID" trademark held by enterprise management company Kronos. Among its other offerings, Kronos manufactures biometric terminals for large companies. These terminals function as time clocks for employees, letting workers sign in with a scan of their finger. The company refers to these as "Touch ID terminals," and it has held the trademark since 2003, long before Apple dreamt up a fingerprint-scanning home button. At this point, Apple has another six months to decide its next course of action. It can either change the feature's name -- unlikely -- or buy the trademark off Kronos for whatever figure the two companies agree on. The latter seems like a no-brainer, given that Apple has already built Touch ID into its own sub-brand thanks to TV ads and plenty of boasting. Oh, and Apple has a lot of money, so the actual "purchasing" part shouldn't be a problem, either.
Sins of a Solar Empire dev discusses 'Rebellion' lawsuit
Following two years of legal battles, Ironclad Studios has been granted the right to use the word "Rebellion" in the title of its latest space exploration epic, a decision it hopes will set a precedent for the increasingly litigious gaming industry. "Rebellion Developments [developer of Alien vs Predator] and its founders (Chris and Jason Kingsley) have aggressively opposed or petitioned to cancel trademarks containing the word 'Rebellion' and have been very successful in preventing third party use of the word 'Rebellion' in conjunction with video-games in the U.S. and Europe," Ironclad stated in a recent blog entry. In court, Rebellion attempted to argue that the title Sins of a Solar Empire: Rebellion was an attempt by Ironclad to trade on Rebellion's success as a developer, but Judge Victoria Roberts saw things differently. "...Defendants' use of REBELLION is expressive speech and is protected under the First Amendment," Roberts stated in her judgement. "Plaintiffs cannot satisfy the Rogers test; they cannot establish that REBELLION has no artistic relevance to Defendants' computer game, or that it is explicitly misleading as to source or content. Defendants' Motion to Dismiss is GRANTED." Though this is good news, Ironclad isn't out of the woods just yet. The studio recently learned that Rebellion has filed to oppose Ironclad's trademark in Canada, and there have been "unconfirmed reports that [Rebellion] issued a cease and desist order to our partner in the United Kingdom." [Image: Stardock]
EU ruling allows Apple to trademark its store layouts
Love or hate them, it's hard to argue that Apple's retail stores aren't highly distinctive. That's what the EU's highest court thought when it overruled a German verdict and said that Apple's store design could be registered as a trademark in Europe. Though Apple holds a store trademark granted last year by the USPTO, Germany's patent office rejected it, despite admitting that the retail layout was "an essential aspect of (its) business." The Court of Justice of the EU disagreed, saying that "an integral collection of lines, curves and shapes" (in Apple's stores) fulfill all the criteria for a trademark. It noted that any store design like Apple's which "departs significantly" from others in the same sector also merits trademark protection. Meanwhile, Apple may be planning changes to its stores anyway, having just hired ex-Burberry CEO Angela Ahrendts as head of retail. For now, though, you're less likely to walk into a store like this in Europe.
SOE trademarks The Darkened Sea and Altar of Malice
Two names sit on an onyx altar. You tip-toe up to them and gaze upon their majesty. There is no explanation, no revelation, just words sitting in a void. This is both tantalizing in the possibilities and maddening in the silence, causing you to clutch your fists and whisper, "What do they mean?" These words are "The Darkened Sea" and "Altar of Malice," and they are names trademarked by SOE this past week. Past the titles themselves and a description as "downloadable RPGs," we know nothing else, although they sound very much like expansion names for MMOs in SOE's library. The names were trademarked on July 2nd in California.
Court ruling could force YouView to change its name
YouView could soon be forced into a rebrand after it suffered another loss in the courts. After almost two years of legal battles, telecoms company Total successfully argued that YouView had infringed on its "Your View" trademark. Judges agreed that the brand would was "confusingly similar" to Your View, allowing Total to push ahead not only for damages but also seek an injunction on "any further use of the name." YouView maintains that there's "no confusion" between its consumer TV service and Total's business-to-business mobile top-up platform, but today marks the third (and most likely final) time it has come off second best in the courts. Last year, Livescribe was on the wrong end of a UK trademark dispute and was forced to rebrand its Sky Wi-Fi pen having lost to BSkyB. If YouView suffers the same fate, its backers, which include the BBC, ITV, Channel 4, Five, BT and TalkTalk, will have the fun job of figuring out what to call their TV offering moving forward.
Report: Nordic to publish games under THQ trademark
Nordic Games has acquired the THQ trademark from the now-defunct company, Polygon reported. The mark was purchased in an agreement made outside of the April 2013 property auction following THQ's demise. Nordic will now have the ability to publish games under the THQ brand. It may do so with the MX vs. ATV series, as Nordic seemingly posted to THQ's official Facebook page following the trademark purchase to remind fans of the return of the racing brand. Nordic Games purchased MX vs. ATV, along with the Darksiders series from THQ. It announced plans in December to publish MX vs. ATV Supercross in the first half of this year. [Image: THQ, or wait, Nordic Games]
Microsoft files for 'Screamride' trademark
Pay a visit to the United States Patent and Trademark Office website and you'll find an application recently filed by Microsoft for something called "Screamride," though what that title might refer to remains a mystery. While the application states that the mark is to be used for an "on-line computer game," it's unclear whether that means a PC game, a game destined for one of the Xbox consoles or something else. Gamespot contacted Microsoft for further information, and were met with a boilerplate "no comment." "Microsoft often acquires various trademarks as part of its ongoing business strategy, but beyond that we have no comment," stated the company's representatives. Much as we'd like to blow open Microsoft's cover story with vital insight, there just isn't enough information currently available to deduce what exactly "Screamride" might be. We'll keep you updated as new information comes to light. [Image: Wikimedia Commons]
King crushes trademark dispute with Banner Saga, CandySwipe devs
Candy Crush Saga developer King settled trademark disputes with The Banner Saga developer Stoic Studio and CandySwipe developer Runsome Apps, according to updates from both studios. "Stoic is pleased to have come to an agreement with King regarding Stoic's The Banner Saga trademark, which enables both parties to protect their respective trademarks now and in the future," Stoic Studio wrote, referring to the ongoing tension between the two developers over the term "saga." King said in January that it wasn't against The Banner Saga's name, though its legal opposition to Stoic's own trademark filing remained. At the time, Stoic said it would make another "saga" game regardless of King's trademark. Runsome Apps wrote that it is withdrawing its opposition to King's trademark for "candy," and the Candy Crush Saga developer is pulling its counterclaim against Runsome Apps. "I have learned that they picked the Candy Crush name before I released my game and that they were never trying to take my game away," the developer wrote. "Both our games can continue to coexist without confusing players." King withdrew its application to trademark "candy" in the U.S. in February, and saw opposition to its European trademark for the word in March from Cut the Rope developer ZeptoLab.
Candy Crush developer admits it can't really own the word 'Candy'
Although King's $7 billion empire is built on the slim foundation of its lone blockbuster, Candy Crush Saga, many thought its efforts to trademark "Saga" and "Candy" were a bit over-the-top. It now turns out the company isn't trying to crush every game maker that uses these words, and instead is taking each dispute on a case-by-case basis. To that end, it has cemented an out-of-court agreement to let the makers of Banner Saga and CandySwipe keep those monikers ("Candy" is only trademarked in Europe). Those two actually had legit challenges to the mark, but we imagine that other developers who deliberately used the terms to make a point (or for shits and giggles) may not get off so easily.
Zenimax Media files trademark for 'Nuka Cola'
Bethesda Softworks parent company Zenimax Media recently filed three separate trademark applications with the United States Patent and Trademark Office for the term "Nuka Cola," a phrase that should be very familiar to Fallout fans. Not just the favorite carbonated beverage of the post-apocalypse, Nuka Cola is also a handy energy source, and wily vault dwellers have even been known to craft the sugary goop into a deadly weapon. While it's currently unclear what Zenimax plans to do in the event the trademark is granted, it is notable that the applications were filed "based on intent to use," as opposed to "based on use in commerce," despite the fact that Nuka Cola appears frequently in both Fallout 3 and Fallout: New Vegas. This suggests that instead of attempting to protect an existing product, Zenimax has new plans for the Nuka Cola name. When contacted, Zenimax offered no further information, but we can be reasonably sure the media company is not planning to launch a line of Fallout-themed soft drinks. Two of the trademark applications apply specifically to computer games and related electronic services, while the third applies to branded clothing items. About a year ago, Zenimax renewed its trademark on the Fallout name, however, so it's possible this Nuka Cola trademark may tie in to any upcoming sequels Bethesda has planned for the roleplaying franchise. [Image: Zenimax Media]
Indie dev Radiangames faces multiplatform delisting over trademark dispute
Indie developer Radiangames (Powerpuff Girls: Defenders of Townsville) has been forced to remove one of its games from multiple online storefronts in the wake of a recent trademark dispute from an online games publisher. The disputed title is Crossfire, a retro-styled shoot-'em-up originally released for the Xbox Live Indie Games (XBLIG) service in 2010. Following the release of an XBLIG sequel, the series later made its way to PC and iOS devices under the name Super Crossfire. Developer Luke Schneider researched the title before releasing his game, but didn't notice that online games publisher G4Box launched the similarly-titled free-to-play military FPS Cross Fire for PC platforms in 2009. After recently announcing Cross Fire 2, G4Box filed a trademark dispute against Schneider's game, resulting in its upcoming removal from all available platforms. "[Super Crossfire] barely makes any money these days, and I'm not spending thousands of dollars to try to fight the issue when I just want to make games," Schneider explains. "I can't say too many bad things about someone who's enforcing the trademark according to the law, though I do think it's completely obvious Super Crossfire is not an attempt in any way to infringe on their trademark, and I also don't think there's any confusion over the two games (arcade shooter vs. online F2P FPS)." Schneider's game has already been removed from iTunes, and will be delisted from Desura, GamersGate, and XBLIG this Friday. Schneider has considered renaming the game for a future PC re-release, and is currently polling fans for suggestions. [Image: Radiangames]
Cut the Rope studio challenges King's 'candy' trademark in EU
Cut the Rope studio ZeptoLab submitted an official claim against King's trademark on "candy" in the European Union, in an attempt to cancel the registration entirely. ZeptoLab submitted its claim on March 20 in London. "Candy is an integral part of the Cut the Rope franchise, and we do not support King.com trademarking and preventing others from using it," ZeptoLab CEO Misha Lyalin said in a press release. King is the company behind Candy Crush Saga, and it attempted to trademark the term "candy" in the US earlier this year. The US trademark was approved for publication in January, but following backlash from the public and the IGDA, King withdrew its application in February. At the time, King said, "This does not affect our EU trademark for Candy and we continue to take all appropriate steps to protect our IP." King's US trademark registration on the word "saga" was suspended in December.
The company behind Candy Crush withdraws US trademark application for 'candy'
A few weeks ago, a group of game developers launched Candy Jam in protest of Candy Crush maker King's attempt to trademark 'candy.' The result? A barrage of rage inspired confectionary-themed titles were submitted to Apple's App Store. Well, it seems those efforts weren't for naught as King has confirmed withdrawing its application to lock down the sugary term in the US. Citing the acquisition of the rights to the Candy Crusher title, the company believes it's the "best option" for locking down IP stateside. However, this doesn't impact the EU trademark that sparked the original protest from devs. Of course, there's that IPO coming up soon, too. We reached out for comment and a spokesperson for the outfit offered the following: King has withdrawn its trademark application for Candy in the U.S., which we applied for in February 2013 before we acquired the early rights to Candy Crusher. Each market that King operates in is different with regard to IP. We feel that having the rights to Candy Crusher is the best option for protecting Candy Crush in the U.S. market. This does not affect our E.U. trademark for Candy and we continue to take all appropriate steps to protect our IP.
King withdraws 'candy' trademark attempt [Update: King issues statement]
Candy Crush Saga developer King has withdrawn its trademark application for the word "candy," reversing a controversial move and potentially leaving developers free to create candy-themed mobile games without fear of legal action. King requested abandonment of its broad trademark on February 24, following a recent opposition statement from the International Game Developers Association. King's trademark was approved for publication in January. "Our IP is constantly being infringed and we have to enforce our rights and to protect our players from confusion," a King representative stated following the trademark's publication approval. The trademark application's complete history is documented under the "Prosecution History" subheading here at the United States Patent and Trademark Office website. King's related attempt to trademark the word "saga" remains under suspension. [Update: A King spokesperson clarified the company's decision. "King has withdrawn its trademark application for Candy in the U.S., which we applied for in February 2013 before we acquired the early rights to Candy Crusher," the spokesperson said. "Each market that King operates in is different with regard to IP. We feel that having the rights to Candy Crusher is the best option for protecting Candy Crush in the U.S. market. This does not affect our E.U. trademark for Candy and we continue to take all appropriate steps to protect our IP."] [Image: King]
Gearbox suing 3D Realms, Interceptor for 'unauthorized' Duke Nukem use
Gearbox Software filed a lawsuit against 3D Realms (3DR) and Interceptor Entertainment, accusing the studios of unauthorized use of the Duke Nukem property and alleging violation of trademarks held by Gearbox. The lawsuit points to 3D Realms' recent reveal of Duke Nukem: Mass Destruction, which features a teaser site with a timer counting down to February 25. "Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened," the complaint reads. "The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor." Among the documents filed in the suit is a breach statement issued by Gearbox stating that 3D Realms infringed on Gearbox's intellectual property in addition to a statement signed by 3D Realms CEO Scott Miller and Duke Nukem co-creator George Broussard that acknowledged the infringement. In a statement filed to Joystiq, Gearbox Software said, "As the filing shows, 3DR's wrongdoing is both admitted and unfortunate for everyone who cares about Duke Nukem." 3D Realms filed a lawsuit against Gearbox in June 2013 for alleged unpaid royalties for Duke Nukem Forever, and later issued a public apology and withdrawal of the lawsuit in September 2013. Gearbox took over the development of the game in September 2010 in addition to acquiring the rights to the brand from 3D Realms. [Image: Gearbox Software]
Amazon executive gets a taste of his own medicine in heated trademark dispute
Whoever said that revenge was sweet probably wasn't thinking about the smell, but that can be sweet too. UK soap and cosmetics company Lush has decided to get its own back on Christopher North, the head of Amazon's UK division, after some fisticuffs concerning the latter's search practices. Currently, Lush doesn't sell its wares via Amazon, but search for the name and you'll be directed to misleadingly similar products -- a move that even the UK's High Court has frowned upon. Despite the ruling, however, Amazon has refused to change, prompting Lush co-founder Mark Constantine to trademark "Christopher North" for a new line of cosmetics. It's not available on shelves just yet, giving Amazon a chance to back down, but it's possible that we could soon be showering in a product that's wittily described as "rich, thick and full of it."
Court tells AT&T's Aio to put down the magenta in T-Mobile trademark case
Any interior decorator will tell you, there's a fine line between blush and bashful. Unfortunately for Aio Wireless, the same can't be said of plum and magenta -- at least not in a court of law. T-Mobile announced today that a Federal Court in Texas has ordered the AT&T subsidiary to stop using a "plum color as a central part of its trade dress," as it is "confusingly similar" to its own trademark magenta. According to court documents, T-Mobile claims the Plum in question, Pantone 676C, is so similar to its own Pantone Process Magenta that it "dilutes its strength and likely causes confusion among consumers." The court's preliminary injunction will prevent Aio from using large swaths of the offending plum color and "confusingly similar shades" in advertising, marketing and store design. T-Mobile brought the suit against the pre-paid carrier, which is owned by its competitor AT&T, last summer, just months after its initial launch. While the difference between plum and magenta may be evident to most, court documents show that AT&T's branding company raised concerns about the shade during a vetting process that included focuses groups and extensive consideration of other carriers' color schemes.
Watch Dogs trademark reinstated to Ubisoft
The Watch Dogs trademark has been returned to Ubisoft, following an unknown third party's attempt to abandon the mark on behalf of the company. This week, the US Patent and Trademark Office received a request to abandon the Watch Dogs mark from someone claiming to be Ubisoft CEO Yves Guillemot. Guillemot never made the request, and today he submitted a signed statement to the USPTO declaring as much. "Here, the circumstances are extraordinary," the USPTO reinstatement petition reads. "An unknown party who lacked authority executed the purported abandonment of the application. Although the request appears to have been sent by petitioner, petitioner declared that it did not submit the request and has every reason to believe that this filing was fraudulent. The Director finds the application should not have been abandoned."
