trademark
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Fallout trademark covers a TV show in an apocalyptic paradise
Bethesda may be looking toward the future of its franchises, trademarking the Fallout brand for the purposes of using it in "entertainment services in the nature of an on-going television program set in a post-nuclear apocalyptic world," according to a USPTO listing. We thought Desperate Housewives had the "reality we would never want to live in" genre covered, but the more, the merrier.Fallout forum member Conor Murton posted about the trademark today and Bethesda has yet to comment on the listing. Bethesda could simply be protecting its franchise, or it could have more active plans.
Apple, Amazon ordered to settle 'app store' suit
Since March 2011, Apple has been battling Amazon in court over the use of the name App Store. In an order handed down yesterday, Judge Elizabeth LaPorte told the two companies that she wants them to sit down and negotiate a settlement. The pair are scheduled to meet on March 21st, says a report in iPodNN. Apple filed its App Store trademark infringement lawsuit against Amazon shortly after the retail giant launched its app store for Android devices. Apple claimed Amazon's "Appstore" would confuse customers and make them think it was an Apple sanctioned store. Apple owns a trademark on "App Store" and "Appstore" in the UK, while a US application for the term is currently pending approval at the USPTO.
Russian Railways levies trademark infringement against Apple
At this point, we practically expect to see a new legal charge brought against Apple every day of the week, and oftentimes that is indeed the case, but this one is particularly interesting: TechCrunch reports that Russian Railways is charging Apple with trademark infringement, seeking 2 million roubles (roughly US$65,000) in damages. The suit itself is rather vague and avoids citing exactly where Apple is allegedly in the wrong. The statement notes that Apple has infringed on Russian Railways' RZD trademark and used it in pictures on one of its digital marketplaces. TechCrunch points out that this could be due to the use of RZD images on third party apps available for iOS, though it hardly seems appropriate to attack Apple rather than the apps creator. At this time, Apple hasn't issued an official statement on the case.
Ubisoft re-files Killing Day trademark
Ubisoft submitted a new trademark earlier this year for the seemingly abandoned Killing Day, a first-person shooter which first surfaced at E3 2005 as a demonstration trailer for the then upcoming PlayStation 3.The demo, only half a minute long, showcased a FPS with dual-wield pistols and a heavy emphasis on destructible environments, with statues shattering into pieces and enemies falling through broken glass. After confirming it for PlayStation 3 and Xbox 360, Ubisoft cancelled Killing Day in 2006.This isn't the first time Ubisoft filed a Killing Day trademark post-cancellation. Ubisoft did the same back in 2009, then abandoned the trademark in 2012. Outside of that, there's not been a peep about the game since its cancellation some six years ago.All of which makes it curious to see Ubisoft retain the trademark now. When approached about the trademark, an Ubisoft rep told us, "No comment for now."
'Chubby Kings' trademark filed by Ubisoft
Ubisoft has filed trademarks in both Europe and the U.S. for something called Chubby Kings, which we can safely infer from both filings' category designations is definitely a video game of some kind, though whether it's planned for console, mobile and/or handheld is indeterminate as this juncture.The Chubby Kings trademark registers the game as potential media for everything from CD-ROMs and PDAs through technologies that aren't completely obsolete, so who knows. What we're most interested in, however, is exactly what purpose the adjective "chubby" serves in this sense. Are these regular kings that are also chubby? Perhaps the kings themselves are of average build, but rule over a kingdom of chubby denizens? These are important distinctions.
Amazon gets Apple's false advertising claim dismissed from trademark infringement lawsuit
It's been awhile since we last had news from Apple's App Store-based trademark infringement lawsuit against Amazon. Today, Amazon got Apple's claim for false advertising dismissed from that very same case after filing for partial summary judgement. In finding for Amazon, the judge held that Apple failed to identify a single false statement (expressly stated or implied) that Amazon made about the nature, characteristics, or quality of the Amazon Appstore that would deceive customers into thinking it was the same as the Apple App Store -- a legal requirement to establish false advertising under federal law. Not a bad way for Bezos to ring in the new year, eh?
China to crackdown on trademarks following "iPad" issue
Trademarks in China are a notoriously shady business, but according to Reuters, that's something the country is trying to change. Chinese authorities will begin reviewing trademark laws in hopes to prevent so-called "malicious" registrations, or attempts to glean money from established brands. Apple recently had to deal with a similar issue in the country relating to the iPad name and eventually paid a whopping $60 million to Proview. Cupertino levied a lawsuit against the company for rights to the name, but a Chinese court rejected the claim based on the fact that Proview had owned the iPad name in China since 2000. After Apple's legal attack fell short, Proview went on the offensive and eventually scored the $60 million judgement which allowed Apple to openly sell the iPad in the country. Apple's iPad issues don't exactly fall under the umbrella of "malicious" registrations, given that Proview owned the name well in advance of Apple's tablet hitting the market, but it's a plus that China will begin keeping a closer eye on the trademark scene as a whole.
New 'iphone' launches in Brazil, lawyers cancel Christmas break
No sooner has one legal tussle ended, than another potential courtroom brawl rears its 3.7-inch screen. The new iphone has launched in Brazil, but no, we're not talking about Apple's flagship -- we mean the bravely titled Gradiente iphone Neo One. It's pretty heavy on specs compared to the iPhone we all know, and for just 599 Brazilian Real (around $285), you'll get a dual-SIM handset running the now antiquated Android 2.3.4 Gingerbread. It's got a 3.7-inch, 320 x 480 display (who needs Retina), a 700MHz CPU, 2GB of expandable storage, Bluetooth, 3G, WiFi and 5 / 0.3-megapixel shooters in the arrangement you'd expect them. Sold! Where the Goophone had a modicum of branding tact, Gradiente's waving paperwork. "IPHONE" was filed for trademark registration in Brazil in 2000, and although Apple started offering its handset in the country in 2007, Gradiente scored exclusive rights to the name in 2008. We haven't heard of the company trying to enforce its trademark, but the iphone Neo One certainly looks like bait for a big fish. We can't imagine many people will be duped by the new, new iphone, but one thing we know for sure is that Apple ain't scared'a no trademark battle. Cue litigation / settlement deal... yesterday.
Livescribe stops selling Sky smartpen in UK after being sued by BSkyB
Well, this isn't great. No sooner did we review the Livescribe Sky WiFi smartpen and then it suddenly ceases to exist -- at least in the British Isles. Livescribe has withdrawn the product from its UK store following an allegation that it is "infringing the trademark rights of British Sky Broadcasting." Other retailers have briskly followed suit, not least because they too have been threatened with legal action. It seems the risk of someone shopping for a premium TV service and then accidentally buying a cloud-connected note-taking device were just too great for the broadcaster to bear.
Square Enix registers domains and trademarks for 'All the Bravest'
Square Enix registered trademarks and domain names named "All the Bravest" Thursday. According to WhoIs records, allthebravest.com and allthebravest.net belong to the game publisher now, while the trademark (number 011386349) was filed in Europe.A search for "All the Bravest" in the US patent and trademark records turns up nothing, and both registered URLs are empty. Our first thought is that this could infer a possible localization of Japanese 3DS RPG Bravely Default: Flying Fairy, but the only thing we can gather from this with any certainty is that Square Enix isn't interested in only "some of the bravest."
Apple snagged partial rights for 'Lightning' trademark from Harley Davidson
Who says big companies can't be bros when it comes to trademarks? Since Apple had no need for its Lightning connector to appear on "motorcycle parts, slot machines or tachometers," it buddied up with Harley Davidson to secure partial use of the cycle maker's IP for its new iDevice interface, according to recent info from the European trademark office. That allowed it to use a name that's sympatico with its Thunderbolt moniker, while presumably letting Harley retain the rights for its heavier metal accessories. Also, should Cook & co. run up against a mid-life crisis, at least they'll have quick relief on speed-dial.
'Fighters of Capcom' trademarked
Whoa, hey, listen -- put that knife down. Look, we know you just had a terrifying Capcom Fighting Jam flashback, but everything is going to be okay. We've got no idea whether Capcom's newly registered trademark for "Fighters of Capcom" has anything to do with a fighting game. It could just as easily be the western name for some GREE card battling thing for cell phones, specifically Capcom All Stars with Everyone, which launched in Japan late last month.It is video game related, we do know that much. The trademark's designation covers several variations on "Computer game software," as well as a few forms of "Electronic game programs for mobile phones and smart phones" and a mountain of other distinctions. We've reached out to Capcom for more information, so let's just both take a deep breath and drink this calming chamomile tea before someone gets knife murdered.
The Apple, Amazon battle over "app store" continues
Amazon and Apple are facing off in an Oakland courtroom in a case that could decide whether Apple has the exclusive rights to the term "App Store." According to a report in Electronista, Amazon argues that the term is generic, while Apple claims it was "the first successful brand" in this market and that people associate the term with the company's iOS devices. Apple popularized the term "App Store" when it launched its iTunes App Store in 2008. The iOS App Store took off and other platforms adopted a similar model of selling mobile apps. Google created the Amazon Market for its Android apps and changed the name of its app store to the Google Play Store earlier this year. Amazon launched its Appstore for Android in early 2011 and was quickly sued by Apple over this choice of a name.
Apple agrees to license for Swiss railway clock in iOS 6, knows what time it is
When Swiss federal railway organization SBB and the Mondaine Group pointed out that the iOS 6 clock face looked remarkably like theirs, they weren't so much upset as clearing their throat politely -- it would be nice to get credit, if you don't mind. That kindness has been met with some reciprocity, as SBB has confirmed a licensing deal with Apple that gives the iPad builder rights to use the iconic timepiece in its mobile OS. Exact terms aren't forthcoming, although it's likely not a princely sum when SBB is better known for punctuality than wheeling and dealing. All we know is that Apple can at last live with a good conscience when it checks the time in Geneva.
Amazon rejects Apple's false advertising claim in App Store suit
Amazon.com has filed a statement in Apple's ongoing claim against the online retail giant, saying that the generic use of the term "app store" is not a violation of Apple's "App Store" trademark. Amazon also asked for judgment regarding the suggestion that its use of "Appstore" to describe its own Android marketplace would be considered false advertising, in an attempt to somehow convince customers that the marketplace was related to Apple's own iOS App Store. Amazon also cites Steve Jobs and other Apple executives as calling competitors' markets "app stores" as well. Apple has trademarked the phrase "App Store," in reference to its own very popular iOS apps marketplace. But Amazon says this isn't even a question of trademark just yet -- it's simply trying to get a judge to agree that using the phrase "appstore" isn't false advertising. We should hear a decision on this filing coming up sometime soon.
MySpace keeps Apple from Music app icon trademark
Apple's trying to file paperwork to nail down a trademark on its Music app icon, but the trademark is being blocked by a pretty unlikely source: MySpace. And it's not even related to the recent reinvention of the second-place social network, either. Back in 2008, a music service called iLike registered the mark above on the right, and the trademark office is saying that mark conflicts with the mark Apple is trying to reserve, presumably because they both use orange and two eighth notes. iLike was eventually acquired by MySpace, which means that company now owns the trademark that Apple is trying to pick up. This shouldn't be too much of a roadblock for Apple, however. It can appeal this decision, and perhaps argue that the two marks are different in some significant way. Or, it can probably license the mark from MySpace, hopefully for a nominal fee. Or, if the mark doesn't hold up at all, Apple could just redesign the icon and release a new one. Either way, this shouldn't be too much of a worry. We'll probably see a resolution in Apple's favor soon. [via Gizmodo]
Namco trademark points to US release for JoJo's Bizarre Adventure: All Star Battle
CyberConnect2's upcoming manga adaptation/fighting game JoJo's Bizarre Adventure: All Star Battle (not to be confused with Capcom's recently released JoJo's Bizarre Adventure HD on XBLA and PSN) may see the light of day on North American shores, should a recently filed trademark serve as any indication. The trademark itself (Serial No. 85723902) was submitted by Namco Bandai and only covers the words "All Star Battle," which is interesting considering that the trademark for "JoJo's Bizarre Adventure" has been abandoned since 2010. At any rate, the trademark covers usage of the phrase in relation to computer games, arcade machines and other "amusement arcade services."We're not willing to interpret those definitions as meaning that an arcade version of All Star Battle is in the works, but this trademark's existence does support the notion of a North American release. We've reached out to Namco Bandai for comment by freezing time and dropping a road roller in front of their offices.
Owner of 'Gaymer' trademark sends cease and desist to Reddit
In 2007, owner of Gaymer.org Chris Vizzini announced his intent to trademark the term "gaymer," sparking a community controversy: Even though not everyone affiliated with the word itself, it was a commonly used bit of jargon, similar to "pwn" or "noob." Did Vizzini have the right to trademark such a common word?Legally he did. In March 2008, Vizzini's trademark on "gaymer" passed registration and it is live today. The trademark applies to online communities, "hosting and maintaining an online website for others to discuss, receive and disseminate information concerning video games," specifically. In the interest of protecting his mark, Vizzini today sent a cease and desist letter to Reddit community /r/gaymers, which has more than 16,500 members, claiming infringement.Reddit admins don't plan to ban the subreddit, but it will need to rename or find a compromise with Vizzini. This is an "unprecedented" situation for Reddit, but it is a serious problem, admin spladug writes:"I informed the mod team of /r/gaymers that we'd received a cease and desist letter for infringement of the 'gaymer' trademark and that our legal counsel had informed us that the letter presents a real threat that they would sue reddit. I let them know so that they could start planning how to respond (including seeing if there's any way for them to work things out with the owner of the trademark)."Vizzini says he sent the cease and desist because, as a trademark holder, he has to defend his mark or risk losing it. He says he emailed Reddit twice asking for the community to change its name, but got no response. "I started Gaymer.org in 2003 and began to build Gaymer as a brand," Vizzini writes. "Thats why I trademarked and word marked the name. At that time, there was only one other site around dedicated to gay gamers. I have spent countless hours and thousands of dollars on Gaymer.org. I have done so gladly as it's brought happiness to many people."Vizzini isn't pursuing next year's GaymerCon gathering since his trademark applies only to online communities. The /r/gaymers community and other sites, such as GayGamer.net, are discussing the issue and the larger implications of trademarks and online forums. We raised the question of popular phrases being "owned" when Vizzini first announced the trademark, and it's no less relevant now.As of today, Gaymer.org itself is "suspended," though whether this is due to an unintentional DDOS attack or reasons unrelated to the Reddit attention is unclear.
Report: Square Enix trademarks 'Circle of Mana'
Square Enix has registered trademarks for, among other things, "Circle of Mana" in Japan, according to FF-Reunion, suggesting a new game in Square's beloved Mana series. The last Mana game to see release was 2007's Heroes of Mana; before that, the very weird physics-based action RPG Dawn of Mana came out on PS2.The other trademarks reportedly filed include Wizardlings, which was also recently filed in the US by Square Enix, along with Agent 47, which refers to the Hitman character, and "Ultima Box," which likely refers to the gigantic collection announced recently. Whatever these are, it's likely we'll find out at TGS this month.
'Star Wars: First Assault' trademark, domains filed
Lucasfilm has filed trademark applications and obtained domains for "Star Wars: First Assault," the second time this year the company has failed at stealth ops. Fusible lists all the multimedia applications (including "interactive video games") the filing seeks to cover. No specific details are yet available on the project.Eurogamer swings for the fences that it could be related to the third Battlefront game, rumored to be under development at Spark Unlimited. Battlefront 3 has been in some form of vapor state for years, with a rumor percolating back in February that the project was now at Spark Unlimited.Star Wars 1313, a mature take on the the mostly PG universe, was revealed earlier this year through the same sneaky domain and trademark fumbling.
