trademarks
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Apple may have registered more 'Reality' trademarks for its upcoming AR headset
Apple may again be looking to nail down "Reality" trademarks ahead of the launch of its much-anticipated AR/VR headset.
Blizzard's Overwatch bumps into trademark issues
Remember when no one knew what Overwatch was and we were all speculating it was some sort of expansion based on the fact that the trademark had been filed? Oh, it was a more innocent time. Unfortunately for that trademark, it might be having a little bit of a problem after all, as it has come to light that another company filed an earlier claim for the trademark that would supersede Blizzard's use of the name due to likelihood of confusion. The trademark that has already been filed is for an app that can be used to provide enhanced functionality for paintball matches, laser tag matches, and the like. Both trademark applications are currently suspended pending investigations, so it remains to be seen whether Blizzard will be pushing forward or will change the name of the game to something legally different. Like Oversupervise, for instance.
Artist sues pet toy company over Angry Birds licensing profits
Seattle artist Juli Adams has filed suit against pet product manufacturer Hartz, alleging that the company denied her profits when it ditched her trademarked "Angry Birds" toy line in favor of licensed products based on Rovio's mobile hit Angry Birds. Adams' own "Angry Birds" lineup of catnip-filled toys predates Rovio's franchise, originally launching in partnership with Hartz in November 2006. As part of the agreement, Hartz received limited licensing rights, allowing it to sell the toys in pet stores while forbidding the licensing of Adams' intellectual property to third parties. Adams retained full intellectual property rights in the partnership. After the Angry Birds mobile game debuted in 2009, Hartz began distributing Rovio-licensed toys while its partnership with Adams was still in effect. Adams' representing attorney Anthony Shapiro claims that Hartz subsequently earned "tens, if not hundreds of millions of dollars from sales of the Angry Birds pet toys," without legal property rights to the trademark. The suit alleges that Hartz later informed Adams that she could no longer use the "Angry Birds" name due to a licensing conflict. While Rovio had trademarked the Angry Birds name for licensed children's toys, clothing and other products, it specifically excluded pet toys from its attempted trademarks, deferring to Hartz' trademark that it established in partnership with Adams. Hartz is the sole named defendant in Adams' case; Rovio is not targeted in the suit. Adams' complaint seeks "disgorgement of all of Hartz's ill-gotten gains, a reasonable royalty as owed to her under the Agreement, and an accounting, as well as a return of her Intellectual Property, including all associated trademarks and copyright registrations for 'Angry Birds' pet toys." [Image: Hartz / Adams / Rovio]
Possible trademark filed by Blizzard for Heroes of the Storm
We've seen the (presumed) big ending to the last World of Warcraft expansion... so what's the next one? That's the source of much speculation, and it's been fueled by the fact that Blizzard has possibly filed a new trademark for Heroes of the Storm. What does this mean? Possibly nothing. It could be a hoax, it could be an unrelated property, it could be almost anything. There's certainly some possibility that it could be a new expansion to World of Warcraft, with plenty of possible meanings for what it might contain. So is it a hoax, the next expansion, or something else altogether? That's up to the individual to guess. What we can say with certainty is that if these heroes don't get to ride on the storm, the game will have missed a golden opportunity for a pop culture reference, and that's just not likely to happen.
'Tales of' trademark registration by Namco Bandai
Namco Bandai must be having a giggle by this point, as the publisher has registered several more trademarks for "Tales of" games that make us question the very fabric of reality. Siliconera has translated a report by Hachima Kiko, which found trademarks for Tales of Memories, Tales of Favorite and... Tales of Bibliotheca (stop it!). This follows other recent Tales of Trademarks, which include (deep breath): Tales of Zestoria, Tales of Creales, Tales of Catastora, Tales of Link (good luck getting that past Nintendo's lawyers), Tales of Jin and Tales of Ansis. As Siliconera points out, not all these trademarks will turn into games, but it is fun telling these tales of Tales of Trademark Registration.
Blizzard trademarks "Cute But Deadly"
News of Blizzard trademarks always spells a flurry of speculation on video game websites such as this one, especially when they begin to roll in toward the end of an expansion cycle, like now. Yet somehow I doubt that "Cute But Deadly" is the title that will follow Mists of Pandaria as the next World of Warcraft installation. However, if I happen to be wrong about this, hats off to Blizzard's sirs and mesdames for a superb bit of trolling. Of course this begs the question of just what it might be a trademark for. I could see it as potentially having to do with Hearthstone, or maybe, considering that Blizzard has just announced production of a children's book, something along those lines. Maybe it's just a decoy to throw us all off the scent. Or...it could be a new spin-off miniseries featuring Wrathion and all his adorable, angry dragon friends! No? Uh, well then. Who knows? Certainly not me, but guessing games are fun! Edit: Our commentariat has let it be known that this is the name for the new line of super-deformed merchandise that was announced at the Blizzard SDCC panel. The more you know!
Now Apple files for iWatch trademark in Mexico, Taiwan, and Turkey
Just yesterday word spread through the technology sphere that Apple had filed for an iWatch trademark in Japan. The news seemed to give some limited credence to earlier rumors that Apple had filed for the same iWatch trademark in Russia. Now, less than 24 hours after that Japan trademark surfaced, trademark registrations for iWatch have appeared in Mexico, Taiwan and Turkey, according to MacRumors. As I wrote yesterday, a trademark registration does not mean the imminent arrival of Apple's fabled smartwatch. However, the fact that Apple is registering iWatch in countries across the globe does now seem to strongly suggest that work on the device is well underway and we may see it early next year. But only time will tell.
Level-5 registers three new, mysterious trademarks
Level 5 has registered trademarks for three heretofore unannounced projects, Siliconera reports. Rare Drop Adventurer Note, Earth Devastating B-rank Girlfriend and Wonderflick were all trademarked by the developer around the same time, which may indicate that these titles collectively represent a third entry in Level 5's Guild series. Beyond the fact that these trademarks were filed, however, nothing else is known about what these games might be, if they end up being games at all. Who knows, maybe Earth Devastating B-rank Girlfriend is a new magical girl anime from Level 5 and Studio Ghibli? Well, okay, probably not, but one can dream.
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."
Daily Update for December 24, 2012
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get all 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 inline player (requires Flash) or the non-Flash link below. To subscribe to the podcast for daily listening through iTunes, click here. No Flash? Click here to listen. Subscribe via RSS
Killer Instinct trademark renewal rejected, what it means
Microsoft's trademark renewal of Killer Instinct has been rejected by the United States Patent and Trademark Office (USPTO) for "likelihood of confusion." As NeoGAF points out, this bit of confusion has to do with the short-lived FOX show Killer Instinct from 1995. Microsoft announced in mid-September it was in the process of renewing the long-languishing intellectual property, but did not specify the purpose.So, what does the rejection mean? We checked with attorney Mark Methenitis who pens Law of the Game."In short, this means ... more or less nothing," Methenitis told us when asked if there was more to the rejection. "It's just an office action; they happen on lots of trademark applications, and is not by any means the final say on the application. It just means that Microsoft has to provide more evidence to overcome their objection to move forward with the application."He continued, "All things considered, I would imagine that Microsoft has a pretty strong position reverting back to the previous Killer Instinct games, which far predate the Fox filing, and moreover, there's no evidence of actual confusion between that show and the game."According to Methenitis, Microsoft has six months to respond. He equated this action to fighting games, saying it's like taking some hits in the first round, but you haven't even come close to losing the bout.
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.
Samsung trademarks Ativ Tab and Ativ S names, may give a peek into its Windows (Phone) 8 world
Everyone knows that Samsung is making a big Windows 8 push at IFA, but there's new signs emerging that it might shake up its naming scheme in the process. We now know through SamMobile that Samsung has quietly snapped up a pair of trademarks with the Ativ badge that would let its branding venture beyond the Galaxy. Ativ Tab is the most conspicuous: unless Samsung is planning a shakeup of its Android slates, there's a distinct chance we're looking at the future name for one or more Windows 8 tablets. Ativ S is slightly more nebulous, although that very familiar oversized S raises the possibility of a high-end Windows Phone 8 smartphone like the Odyssey. Whether or not Samsung wields these trademarks later this week, or at all in the near future, is still up in the air -- it may be holding on to names as a precaution rather than previewing a course of action. If the Ativ label makes its way into stores, though, it may give Samsung a much catchier (if not entirely intuitive) name for its Windows devices than Series 5 Hybrid PC.
Microsoft bans use of Metro name in Windows Store apps (Update: May not be banned after all)
If Microsoft can't use the Metro name, no one else can. Not in its company-owned Windows Store, at least. An update to the Windows 8 app criteria guide explicitly tells developers that any submitted Windows Store app with Metro in the title will "fail certification" -- effectively, it's banned. There's a certain irony to the aggressive stance on naming when Microsoft itself still mentions Metro prominently across many of its pages, but the restriction isn't a laughing matter for developers already trying to support an OS that doesn't ship for another two months. One of the most popular apps in the pre-release Windows Store, MetroTwit, likely faces imminent exile without a name change; there's also worries that mass transit apps might get the boot for entirely innocuous uses of the word. We've reached out to Microsoft for comment on its legal rights in the area. In the meantime, it's safe to say that "metro" is only to be spoken in hushed tones anywhere near Microsoft's official content portals. Update: Word from WPCentral is that the language restricting developers from using the Metro name wasn't a new addition to the Windows 8 app criteria guide. Turns out, it was an older error that has since been removed. Rejoice, developers! It appears that the word is not off limits. We've reached out to Microsoft for confirmation and will update when we hear back.
Apple pays $60 million in iPad trademark dispute, makes peace with Proview
Earlier this year, iPads were flying off the shelves in China -- but not for the expected reasons. The slates were being removed from stores following an injunction granted to Shenzhen Proview Technology, a local firm that had laid claim to the iPad trademark. The injunction would later be rebuffed by a Shanghai court, resuming tablet sales while the dispute raged on. Today, Apple and Proview have come to a resolution, putting $60 million in Proview's coffers and the matter to rest. Feeling lost? Let us catch you up. Way back at the turn of the century, Proview's Taiwan branch registered the "iPad" trademark for its Internet Personal Access Device -- an all-in-one PC that wasn't unlike Apple's own iMac. Later on, Apple would purchase the worldwide rights to the name from the Taiwan branch, which presumably included Shenzhen Proview Technology's claim -- though the Chinese vice minister for the State Administration for Industry and Commerce (SAIC) would later declare Proview the trademark's rightful owner. Fast forward to today, and the two firms are finally settling. According to The New York Times, Proview had originally sought as much as $400 million, but has agreed to settle for a lesser amount to help it pay its debts. Either way, Apple seems to have already transferred the sum, according to the Guangdong High People's Court, apparently eager to put the dispute behind them.
Chinese official says Proview owns iPad trademark in China, court battle continues
Who knew some funky capitalization could cause so much trouble? Proview -- the purveyor of that 90s-era all-in-one called the iPAD -- hasn't let up in its fight to wrestle the rights to the iPad name from iPad maker Apple. The legal antics started in China, where Proview temporarily managed to get Apple's tablet booted off store shelves before being rebuffed by a Shanghai court -- after which the company promptly brought the case stateside. It's been all quiet on the iPad trademark front for a solid month now, but a report from All Things D indicates that the squabble is still going strong. Today the Chinese vice minister for the State Administration for Industry and Commerce (SAIC) declared that Proview is, in fact, the rightful owner of the iPad trademark. The SAIC has so far kept mum about the iPad trademark spat, so its decision to break that silence is sure to carry some weight when it comes time for the Chinese higher court to hand down its verdict.
Apple trademarks 'Configurator' app name
Apple has posted a trademark to cover the "Configurator" app that arrived in Software Update last week. The app allows users to configure (surprise) various iOS devices all connected to one computer or network, easily updating apps and the operating system, and even installing wallpapers or other information to a device's lock screen. The trademark covers the app, which Apple calls "Computer software used to configure multiple digital electronic devices." This is basically business as usual for Apple's legal department, though filing for a trademark now (a week or so after the app is actually available to the public) seems a bit late for the company. The trademark itself was filed back on March 7, right as the app dropped, so this is likely the legal team catching up to Apple's developers and covering the company's bases post-release.
HTC files trademarks for Enamor and Rhyme, keeps on hustlin'
We've seen a few leaks from HTC lately, and now we've got the scoop on two more. And get this: one is being developed just for aspiring hip-hop moguls! Okay, not really... but a couple of new names were filed with the USPTO last week, as it keeps spittin' game in the mobile marketplace. Four total trademark applications were filed for the HTC Enamor and HTC Rhyme -- covering smartphones and tablets along with their hardware and software cohorts. No specs have been revealed (or much else) as of yet, but if you'd like to scope out the particulars for yourself, hit the source links below.
CloseConnect brings HTC somewhat closer to NFC nirvana
HTC is progressing in its quest toward adding NFC support, most recently trademarking CloseConnect, which seems to be an all-encompassing solution for wireless communication. The description characterizes CloseConnect as a combination of hardware and software that links mobile devices, configures wireless networks, organizes and shares information, and yes, manages near-field communication activity. Given NFC's emerging status, along with HTC's desire to provide a distinct ecosystem, it should come as no surprise that the company is approaching this technology on its own terms. Whether CloseConnect goes cross-platform with Windows Phone is anybody's guess, although the trademark clearly describes support for smartphones and tablets alike. If you're excited about the possibilities -- and undeterred by legalese -- feel free to peruse the full description after the break.
HP messes with our brains, files six new TouchPad trademarks
HP has filed a bunch of TouchPad-related trademarks all in one go, and they must mean something, right? The USPTO database shows a TouchPad7, TouchPadGo, TouchPadFlex, TouchPadTwin, TouchPadGeo and TouchPadPro; unfortunately though, the descriptions provided with each trademark are so broad as to be useless, so we're not going to indulge HP by speculating as to what each moniker might mean. Who knows? Maybe it's all bluff, designed to spook other tablet manufacturers into taking up trout fishing instead, or maybe Jon actually did convince Leo to approve a webOS tablet for every day of the week. In the world of trademarks, stranger things have happened. [Thanks, Brum]
