trademark

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  • Debunk: Sega protects the Dreamcast trademark, not doing another console

    We know tons of aging Dreamcast fans' hearts skipped a beat today -- us included -- when Sega made a rustle with the brand name at the USPTO. But as it turns out, the recently filed trademark application is just a renewal on brand, and doesn't express any intentions to do another Dreamcast console. In fact, Sega further explained to GameDaily, rather flatly we might add, that they have "no plans to get back into the console business." We know, we're already reaching for the Zoloft, too, but did anyone really think Sega wanted to make one last go of game consoles when even mega-players like Sony can't keep it together?[Thanks to everyone who sent this in]

    Ryan Block
    12.06.2007
  • Motorola's DEXT, next?

    Rumors are circulating that Motorola is prepped to launch a series of multimedia handsets under the ZiNE brand. Meanwhile, Moto was just spotted (November 26th, to be exact) begging the USPTO for a trademark on "DEXT." That's the rather serious looking mark pictured to the right which sounds like a mashup of DECT and NEXT. The request covers "mobile telephones, pagers, radio transceivers, electronic personal organizers, headsets, microphones, speakers" and the related software for such things as the transmission of audio and video. We'll just have to wait and see whether this has anything to do with their accidentally on purposely "leaked" 2008 lineup.[Via Trademork]

    Thomas Ricker
    11.30.2007
  • Super Mario Sisters was almost a reality

    In some deeply weird alternative universe, perhaps one in which Japanese people actually bought Microsoft consoles and England's footballers weren't quite so irredeemably rubbish, we might never have experienced Super Mario Bros. as we know it. Instead, we could have been playing Super Mario Sisters.Alas, Nintendo of America never did follow through on a trademark application it filed in February, 1990 for a game called "SUPER MARIO SISTERS." The application was abandoned almost two years later, depriving us all of an estrogen-fuelled version of the world's favorite platformer.Go past the break for a grab of the application.

  • Know Your Rights: Does T-Mobile really own magenta?

    Know Your Rights is Engadget's new technology law series, written by our own totally punk copyright attorney Nilay Patel. In it we'll try to answer some fundamental tech-law questions to help you stay out of trouble in this brave new world. Disclaimer: Although this post was written by an attorney, it is not meant as legal advice or analysis and should not be taken as such.UPDATE: This story has gotten way, way funnier -- T-Mobile's parent company, Deutche Telekom, asked Engadget Mobile to stop using magenta. No, seriously. Full details here.Hey, does T-Mobile really own magenta? I was just about to redesign my blog, and that was going to be the main color.Really? Maybe T-Mo should sue you.Come on, I've been hearing this everywhere. 1265 Diggs can't be wrong.Well, they're not wrong, they're just less than right. T-Mobile's disclaimers certainly do say that "the magenta color" is a T-Mobile trademark.So there you go! That's so stupid! The system is broken! Everyone is corrupt! How can a corporation own a color?! I've already skipped down and begun flaming!Chill out, Sparky. T-Mobile doesn't "own" anything here, least of all a color. That's the part everyone seems to have missed. T-Mobile has what appears to be a German trademark on that specific magenta color (RAL 4010, specifically) as it relates to their branding, but that doesn't really affect the average consumer.Besides, this isn't some radical new development. Lot of other companies have registered color trademarks -- Owens-Corning has a trademark on the use of pink for insulation, Tiffany & Co. has a trademark on that certain blue color it uses for jewelry boxes, and UPS has a trademark on brown. Interesting you haven't seen UPS suing Microsoft over that itty-bitty Zune thing, no?

    Nilay Patel
    11.09.2007
  • Blasto returns ... in trademark form

    A long-forgotten PS1-era "franchise" may be making a return to the PS3. Blasto has been spotted in the US Patents & Trademarks Office database. The filing comes from Sony Computer Entertainment America and was filed just six days ago, October 23rd. Interestingly, there appears to be some kind of online element to the game, as described by the listing: "OPERATING A REAL-TIME GAME FOR OTHERS OVER GLOBAL AND LOCAL AREA COMPUTER NETWORKS."What will this Blasto trademark lead to? A brand new online game? Or just a re-release of the PS1 classic? It's hard to tell right now, but considering how poorly received the original game was, we'd much prefer a new game.[Thanks, Joe!]

    Andrew Yoon
    10.29.2007
  • NuVision sues Panasonic for trademark infringement

    Although the casual HDTV fan may not be entirely familiar with NuVision's "High Definition Living" trademark, a recently filed lawsuit is likely to bring you up to speed. The Arizona-based display maker purports that its slogan has been in use since the company's inception in 2005, and now that it has finally received registration of the mark this month, it's targeting Panasonic for infringement. If you'll recall, Panny launched its "Living in High Definition" program earlier this year, which NuVision has taken serious issue with. According to its CEO, Panasonic has "knowingly and willfully infringed upon its mark," and another company exec even stated that the alleged culprit "believes that it is so large that the law does not apply to it and that it can copy [NuVision's] trademark with impunity." And considering that the aforementioned program is slated to run until March of next year, we highly doubt Panasonic is anxious to just ditch the slogan and move on.

    Darren Murph
    10.23.2007
  • Canadian iPhone delayed by trademark dispute?

    Mirroring the premature trademark dispute surrounding the launch of the Cisco iPhone in the US, Apple's Canadian launch of its respective iPhone could be delayed due to a trademark dispute with a product that shares the same name as Apple's gadget. Comwave Telecom in Toronto owns the trademark rights to the name "iPhone" in Canada for use on its VoIP products and services, and has filed a complaint with the Canadian Intellectual Property Office over Apple's application for the trademark rights of the name for its future Canadian version of the iPhone. Sounds like a case of how much Apple is willing to pay, or how long they're willing to delay.

  • Is Google trademarking Google PC?

    For all you conspiracy buffs out there, you can now add a new chapter to your massive clip-book of JFK magic-bullet theories, alien abduction reports, and shape-shifting reptilian overlord photos. According to Trademork, a gentleman named David Liu -- who is apparently legal counsel for Google, Inc. -- has filed to protect the trademark "Google PC." The plot thickens when you learn that the address listed in the filing is 6363 Wilshire Blvd., which incidentally happens to be a five-story building in California with the word "Google" visible in the bottom floor window (which looks like a watermark to us, but you know how sneaky the Illuminati can be, denials notwithstanding). Collect the clues and crack the code... if you dare.

    Joshua Topolsky
    10.08.2007
  • iPod touch vs. HTC Touch: Apple trademark dispute, round 2?

    Remember that ridiculously public to-and-fro'ing between Apple and Cisco over the "iPhone" trademark? Ding, ding, ding... welcome to round two ladies and gentlemen. In this corner, we have a feisty Taiwan-national with Microsoft in its pocket: HTC, and their HTC Touch. In the other, a venerable California hippie on the comeback trail: Apple, and their iPod touch. Fight! Peter Chou, CEO and president of HTC, was just reminding the press that HTC has registered "Touch" as a worldwide trademark and is "proud to share the same vision as Apple over touch screen functions." While he would not comment on whether HTC would take legal action against Apple, HTC's Marketing Manager Ching-hung Wang was happy to talk around the issue by noting Apple's and Cisco's ability to "reach a mutually satisfactory agreement" before, while footnoting the need for "further observation" around the "Touch" trademark rights question. Translated: Hey Apple, we think HTC is waiting for your call. Maybe you should make it a party line too so that Creative can bring their Zen Touch?

    Thomas Ricker
    09.07.2007
  • Nintendo registers new trademarks in Japan

    Nintendo of Japan seems to have registered a few new trademarks, which makes for some interesting speculation for fans everywhere. Some are just plain strange (like Soma Bringer), while others seem pretty easy to figure out. Could the "Wii Body Controller" be the official name for the Wii Fit balance board? Mii Contest Channel is about as clear as Pikmin ... except we really want the latter and think the former is interesting, but not froth-worthy.Here's the full list: Mii Contest Channel Nintendo Magic Wii Body Controller Mii Audition Wii Handle Pikmin (trademark protection renewed) Soma Bringer We can only assume that Nintendo Magic is the game of the same title that was announced for English-speaking gamers at E3, though that game was known as Magic Taizen in Japan. Does Nintendo make it a practice to trademark all title variations in all regions?[Via NeoGAF]

  • WotLK trademarked by Blizzard

    And it looks like the final nail has been hammered in to support the "Wrath of the Lich King" speculation-- as MMO Champion points out, Blizzard Entertainment has registered "Wrath of the Lich King" as a trademark (you've got to do a search for it on the USPTO's website, as they don't allow links to searches), all but confirming that the next expansion will take us to Arthas' domain in Northrend.Now, just to play devil's advocate, there is still a chance that Blizzard did this as a smokescreen, and that the expansion has nothing to do with the Lich King. But the trademark was filed on July 28th, which by my estimation puts it a few days ahead of the speculation-- that's a pretty strong indication that while Blizzard waited until the last minute to do it (knowing BlizzCon was only a week or so away), they didn't wait long enough to keep us from leaking it out.The other note is that the patent trademark (note to self: don't piss off the lawyers!) covers not only computer games, but also "comic books," "trading cards," "coloring books," and "greeting cards," among a number of other types of items. I don't know if I ever saw any Burning Crusade greeting cards, but maybe Blizzard expects their little WoW empire to get even bigger in the future.So: Friday. BlizzCon. Wrath of the Lich King. Be there!Thanks to everyone who sent this in!

    Mike Schramm
    08.02.2007
  • Self-Service Shredder kiosk enables pay-per-use shredding

    Hey, we can't fault anyone for taking advantage of mass paranoia, and it seems that Colorado Springs-based JRP Enterprises, Inc. is about to cash in on the growing threat of identity theft. The Self-Service Shredder will be built, distributed, and marketed by RealTime Shredding, and thanks to a recent patent grant, it looks like it'll have exclusive rights to do so. The kiosk sports a 2.5-horsepower motor, LCD display, and has the ability to chew through paper (200 pages per minute, no less), cardboard, credit cards, paper clips, staples, CDs, DVDs, and floppy disks. Current installations include banks, offices, malls, military bases, and schools, and while we're not quite sure how much it'll take to get one in your place of work, those $1 per two minute shredding sessions could really add up.

    Darren Murph
    05.30.2007
  • Objection! Capcom registers 'Apollo Justice'

    According to the NeoGAF forums, Capcom has just registered an unusual trademark: Apollo Justice. If we follow the strands of speculation like so many dots, the trail leads to Phoenix Wright and the western name for Housuke Odoroki, the new hero of Ace Attorney 4. It fits the lawyerly theme of the series, and Housuke is written with the kanji character for "law", so unless Capcom is planning a new IP (or a gigantic moon-mounted laser), it looks like we have a winner.

    John Bardinelli
    05.29.2007
  • AT&T gets green flag to rebrand Burton's NASCAR ride

    We know that there's another grueling week to survive between now and the Coca-Cola 600, but here's a NASCAR tidbit that will hopefully satisfy your Sunday desire for a little roundtrack action. AT&T has been given the green flag to rebrand Jeff Burton's (very orange) #31 race car after Judge Marvin H. Shoob of the US District Court, Northern District of Georgia, "granted AT&T's motion for preliminary injunction in its suit against NASCAR." It was noted that the decision gives AT&T "the immediate right to put its logos and brand marks" on the vehicle, and while we're not certain if we'll see a slightly new look come May 27th, we're sure it won't be long before the blue sphere makes its official debut.[Via RCRNews]

    Darren Murph
    05.20.2007
  • Linus Torvalds to Microsoft: put up or shut up

    Aw snap. Just when you thought the Microsoft / open-source relationship was getting bad, it's now getting even worse, as yet another turn has been taken in the on-again, off-again love affair between the two. Soon after Microsoft's General Counsel claimed that free and open-source software (FOSS) -- a bundle of which related to Linux -- violated precisely 235 of its patents, Linus Torvalds decided to fire back on behalf of the little guy. In an interview with InformationWeek, Mr. Torvalds retorted by suggesting that it is actually "a lot more likely that Microsoft violates patents than Linux does," and even noted that if "the source code for Windows could be subjected to the same critical review that Linux has been, Microsoft would find itself in violation of patents held by other companies." Of course, he backed his statements by stating that the "fundamental stuff was done about half a century ago and has long, long since lost any patent protection," and closed things up by insinuating that Redmond should put its cards on the table so that Linux users prove 'em wrong, or better yet, "code around whatever silly things they claim." As if you couldn't tell, them's fightin' words, folks.[Via IDM, image courtesy of TACTechnology]

    Darren Murph
    05.18.2007
  • 1GB Nike shoe USB flash drive disregards trademark

    While we've seen the swoosh used on questionably licensed apparel before, we're fairly certain that a one-off Japanese e-tailer isn't selling a svelte Nike USB flash drive before the company itself with due permissions in place. Nevertheless, users can (well, for the time being, at least) pick the 1GB training shoe USB drive for their Mac or PC, and while it doubles as a keychain or hangs on tight to your Kensington lock port, the real utility is stored beneath the toe. Admittedly, it doesn't look half bad (click through for more proof), but we'd recommend plopping down your ¥2,480 ($20) real quick like before the legal teams return on Monday.[Via EverythingUSB]

    Darren Murph
    05.18.2007
  • Gaymer.org looks to trademark 'Gaymer'

    Can a man own the term "gaymer"? Chris Vizzini, owner of community site Gaymer.org, is looking to find out as he's applied to trademark the term. Now, before we lose people in a hail of righteous fury and legalese, it should be noted that Vizzini is only looking to trademark the word from online groups trying to use the term in another context. It's also worth noting that the controversial term "gaymer" had been used to describe the gay gaming community before Gaymer.org showed up on the scene. Also, as can be clearly seen in the photo, Gaymers original cider has been enjoyed since 1770 by the island of Britain.There is currently some heated debate about the issue on the Gaymer.org forums and the other large gay gamer community site Gamers.Experimentations.org. Although many don't identify with the term "gaymer," it's still interesting that the term has gotten to the point of needing trademark protection.GayGamer.net's site owner, who goes by the handle Fruit Brute, says, "I know there are many people that frequent our site who are members of both Gaymer.org and GamersExperimentations and I am all for that. I wish there was someway we could combine them all together in one big, happy, rainbow filled, pink glitter sprinkled family, but situations like this really seem to cause people to draw their lines in the sand."To bring the issue into wider focus, what if someone tried to trademark terms like noob, pwn and other commonly used words part of gamer speak? Should one man control a word's destiny online when it's tied to a group in our gamer community?

  • DTR's PDR DVD writer heaps on DRM when burning

    Sure, there's been more than a few attempts to offer up DRM-laced burns, and while the overall success level is certainly debatable, DTR is giving the whole secure writing thing a go anyway. The company, which specializes in making sure that content guardians rest easy, has announced a two-faced DVD burner that can write both normal, non-protected discs or "burn secure downloaded content." Apparently, the Protected Disk Recorder (PDR) will arrive in an external flavor that can connect to "PCs, game consoles, and more" via USB, and while it can reportedly add-in whatever flavor of protection the manufacturer wants, DTR also states that its new device can "provide additional access control functions which further enhance the security of downloaded media." Currently, we've seen no details in regard to price or the actual target market, but if history continues to repeat itself, this is just another layer of DRM waiting to be cracked. [Warning: PDF read link]

    Darren Murph
    05.07.2007
  • Digital FAIR USE bill introduced to amend DMCA

    Ah, the day we've all been waiting for has finally arrived -- well, sort of. Yeah, it is still a bill, but it's a refreshing start on a long overdue amendment. While content guardians (we're looking your way, MPAA / RIAA) have done their fair share of beating around the issue and insisting that DRM-laced content was the only way to go, consumers haven't exactly been thrilled about such limitations since day one. In yet another glorious case of red and blue coming together for the good of mankind, Rich Boucher (D-Va.) and John Dolittle (R-Calif.) introduced a breath of fresh air they call FAIR USE, or Freedom and Innovation Revitalizing U.S. Entrepreneurship. The idea, of course, is to simply "make it easier for digital media consumers to use the content they buy" by amending the Digital Millennium Copyright Act; according to the duo, the DMCA simply "goes too far by dramatically tilting the copyright balance toward complete copyright protection at the expense of the public's right to fair use." Boucher further substantiates his case for the most down-to-earth politician of all time by suggesting that if the DMCA remains unadulterated, "individuals will be less willing to purchase digital media" due to the unacceptable restrictions that come along with it. We'd ask for an amen, but we don't want to set off any minor earthquakes.[Thanks, Kevin M.]

    Darren Murph
    02.28.2007
  • Cisco delays Apple iPhone lawsuit, again

    For those of you eagerly awaiting the result of the the iPhone trademark dispute today... well, you'll have to keep waiting. Cisco extended the time for Apple's response to its iPhone lawsuit until Wednesday, February 21st. In a statement released this morning, Cisco states that they are "fully committed to using the extra time to reach a mutually beneficial resolution." With these favored children of Silicon Valley separated by just a few miles drive, you'd think they could have hammered out an agreement over a few beers by now. But with the discussion dealing not only with trademark rights, but also with "interoperability," the settlement is likely to include more than just a one-off cash settlement.

    Thomas Ricker
    02.16.2007