Zynga Becoming A Trademark Bully: Threatens Blingville For Daring To Use 'ville'

from the get-over-it dept

Wed, Jan 19th 2011 6:12am — Mike Masnick

Zynga is really building up quite a reputation as a trademark bully lately. The company, which also has a reputation for copying everyone else, got into a legal fight last year after it copied the name of its game Mafia Wars, from another company who had that. The two companies had come to an agreement earlier, which Zynga simply decided to ignore. And now it's stretching its trademark bullying in more ridiculous ways, claiming that no one else can append "ville" to any social media game. It sent a cease & desist to the company that runs Blingville (which has had the domain for many years). Eric Goldman alerts us to the news that the company behind Blingville, has hit back by filing a lawsuit against Zynga (full filing embedded below) asking the court to declare that Blingville doesn't infringe on any Zynga trademark. What I really don't understand is why Zynga is acting this way. It has no reason to be a trademark bully, and doing so only makes the company look petty.

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Filed Under: blingville, bully, trademark, ville
Companies: blingville, zynga

40 Comments

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Anonymous Coward, 19 Jan 2011 @ 6:30am

While you may not like the implications, Zynga does has a pretty solid standing here. Their products are well known as "'ville" products on facebook and on their sites. Someone putting up a competing product as a Facebook app called "something ville" would likely create confusion in the market place, at least in the short term.

It doesn't pass the old "moron in a hurry" test, as plenty of morons would think that blingville is a new game from those farmville guys.
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Anonymous Coward, 19 Jan 2011 @ 6:33am

If they succed then Lycos Gamesville should sue the pants off Zynga.
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Randy (profile), 19 Jan 2011 @ 6:40am

So the fact that Blingville has been around since 2004 doesn't pass the test? While the "moron in a hurry" might assume that blingville is right up there with farmville, the fact that they've been around prior to the 'villes would win in my book. Sorry Zynga doesn't have much of a case here.
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Anonymous Coward, 19 Jan 2011 @ 6:47am

Re:
blingville has been on Facebook since 2004? Do tell!
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:Lobo Santo (profile), 19 Jan 2011 @ 6:50am

So...
Company who copies other games and adds social elements gets upset at somebody who makes similar game?

Hypocrite, much?
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Anonymous Coward, 19 Jan 2011 @ 7:05am

There newest game; Scumbagville. You get to be a complete douchebag to everyone else. I suspect the game will do well...
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Jeff, 19 Jan 2011 @ 7:07am

Hey Zynga!
Hey! Sue BurgerVille while you are at it too!

Then! File bankruptcy!
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Pixelation, 19 Jan 2011 @ 7:26am

Bazynga
I guess Zynga should sue CBS too because on "The Big Bang Theory" they say Bazynga.
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Qritiqal (profile), 19 Jan 2011 @ 7:41am

Re:
So, the fact that another company has been using "xxxville" for years doesn't matter to you?
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Yeebok (profile), 19 Jan 2011 @ 7:44am

Re: Re:
You read the article carefully, didn't you ? Nobody suggested that Blingville had anything to do with facebook. In fact, if it doesn't, that's a positive.
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Anonymous Coward, 19 Jan 2011 @ 7:47am

Re: Re: Re:
Except when I go to their site (existing since 2004!), all I see is a logo and "New Facebook Game Coming Soon!" With links to join up the beta (maybe even alpha) testing.

It sort of suggests that they have something to do with facebook.
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Anonymous Coward, 19 Jan 2011 @ 7:48am

Re: Re:
Have they been using xxxville (whatever it is) for years as a facebook social game?
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Chronno S. Trigger (profile), 19 Jan 2011 @ 8:39am

Re: Re: Re:
Can you separate trademark markets into something as small as facebook social gaming market? I always figured separation of trademark was more broad then that, like cars and games.
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wnyght (profile), 19 Jan 2011 @ 8:42am

From a company stand point of comparing apples to oranges... who cares if some other company has an orange that they painted red and happens to look like your apple?

This reminds me of that whole IHOP thing when the restaurant chain was pissed at the "international house of prayer."

I mean really, who cares? I really don't see what difference it makes.
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Anonymous Coward, 19 Jan 2011 @ 8:49am

Re: Re: Re: Re:
Well, it depends on how you slice it. A trademark applies to what it applies to. In this case, Farmville and it's ilk are basically "online social gaming". They aren't comedy websites (say comedyville as name, not real) and they aren't aren't a town (so no problems with Fayetteville, example).

However, in the narrow market of facebook related social games, "ville" games are known to be Zynga games. Someone coming along and opening another "somethingville" social game on facebook is standing very, very close to an existing trademark (and in fact, an existing series of trademarks). It is pretty easy to make the argument that the new company is attempting to play off of the goodwill created by Zynga with their various "ville" games, and thus while they don't have specifically that name trademarked, there is a clear case for confusion in the marketplace.

That's why there is a Mr Clean,and no Mrs Clean, because the confusion in the market place would be easy to spot.
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Pete Austin, 19 Jan 2011 @ 9:31am

Site is just an advert for a Facebook game
Re: when I go to their site (existing since 2004!), all I see is a logo and "New Facebook Game Coming Soon!"

I see the same, and the only links are to Facebook. Also it seems the page previously said "Blingville, Coming 2010", since last April.
http://webboar.com/www/blingville.com

Is there any evidence this was ever a real, functioning site?
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weneedhelp (profile), 19 Jan 2011 @ 10:15am

Re:
You get to be a complete douchebag to everyone else."

I thought that was called the internet.
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Anonymous Coward, 19 Jan 2011 @ 10:21am

Regardless of who had what for how long and what is commonly known as part of whatever company "ville" is a suffix known throughout many languages. With that said there should be no trademarks upheld upon it IMHO.
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Anonymous Coward, 19 Jan 2011 @ 10:26am

Bring it on down to homelessville!
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Chronno S. Trigger (profile), 19 Jan 2011 @ 10:38am

Re: Re: Re: Re: Re:
That's what I'm saying, your slicing the markets too small. You're trying to say that Blingville flash based web game is in a different market from Farmville flash based facebook social game. They're not, they're both just games.

I guess before I continue with this argument I should probably ask this: What was Blingville in 2004? Was it a web game or was it just a squatters page? There's no information about what was before. If they were a flash based game that decided to move to Facebook, then there's no trademark issue here. If they were a website that sold car parts then recently decided to make a game, then it may be a problem (facebook relationship not required), if we assume that you can trademark *ville.
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Mr. Oizo, 19 Jan 2011 @ 1:33pm

Dogville ?
How about the movie dogville ?
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Anonymous Coward, 19 Jan 2011 @ 1:42pm

Zinga really is.. the ville-ain
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Cougrrr, 19 Jan 2011 @ 2:09pm

Re: Re: Re: Re: Re: Re:
You say that like Zynga invented "ville" as a suffix, though. How can they honestly try to hold claim to exclusivity on a TM that is a suffix used in many parts of the world?

FarmVille (CityVille, etc.) REPRESENT groups of users acting together to create a "village" atmosphere, hence the ville. As such, they're trying to trademark what... a village?

You wouldn't say that Nashville, Knoxville, Louisville, and so on have the rights to sue Zynga for digital representations of cities even though they used the names WELL BEFORE 2004. What about papers that wrote about Hoovervilles in the great depression? You wouldn't say that they should be able to sue Zynga.

They have the TM to their game names, sure, but the suffix they use is a common Latin derived suffix that has been used the world over. Suing based on that is just plain stupid.
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alternatives(), 20 Jan 2011 @ 8:08am

Cubeville and justiceville for the wins
I so await Cubeville - only playable from your timezones 9-5 (unless you pick janitor or security guard. Weekends the IT staff can play) and Justiceville where you are a judge who clicks on lawsuits about trademark names can get you to the Supreme Court!
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charliebrown (profile), 20 Jan 2011 @ 10:34am

News just at hand, it is revealed that there is a city in Australia called TOWNSVILLE! Now, really, doesn't that just sound like the name of a Zynga game? (And, no, it is not named after the city that the PowerPuff Girls live in)
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PB, 20 Jan 2011 @ 11:16am

Maybe they should sue California... isn't there a "Bonneville"?? Or how about Pontiac?
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Gamer, 20 Jan 2011 @ 11:44am

Unbelievable! Zynga has only 5 games that have ville in it while there are more than 20 additional games on Facebook that have ville in them that aren't owned by Zynga.

How can they think that they own a common word like ville.

That's ridiculous
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Ron, 21 Jan 2011 @ 7:02am

i do believe the hold the rights to the word VILLAN though
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Gamer, 21 Jan 2011 @ 11:28am

Re:
Or they may think that Farmville is a game from the Blingville since they had the ville name first
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Just saying, 22 Jan 2011 @ 8:12am

Re:
Would that same moron think that Louisville (KY) is a game by Zynga too? I'm suprised that Zynga hasn't sent Louisville a cease and desist letter too!
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Zynga is a Bully, 22 Jan 2011 @ 8:23am

Re: Re: Re: Re: Re:
Really?!? There are over 25 ville games on Facebook and Zynga only has 4 or 5. Doesn't sound like Zynga's cornered any market.

And, considering their actions with Farmtown and Mafia Wars, you think they would clean up their own act instead of bothering others.
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Just saying, 22 Jan 2011 @ 8:29am

Re: Re: Re: Re:
Who cares if they have anything to do with Facebook or not. That shouldn't matter. Ville is not a word that can be owned by someone and it is total arrogance on the part of Zynga to think that they can own it.

Its time that Zynga started to operate with integrity, not only Blingville but with Mafia Wars and others too. Why do they think they need to stoop to these underhanded tactics to keep there game going? It just isn't necessary or appreciated by those of us who use their games.
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page howe, 24 Jan 2011 @ 6:57am

zynga had a choice
when they chose ville as their suffux there were already existing sites and games with that address, they had a choice and when they made that choice they had to realize that the ville suffix wasnt going to be their exclusively

myopic right isnt always worldwide right

if their logic holds tru than any other game started before their company actually becomes the bigger fish and can sue them for all that are or acquire
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guest, 26 Jan 2011 @ 5:19am

Read items 14 and 18. You lose Zynga.

Better luck next time.
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person that thinks zynga is out of their minds, 28 Jan 2011 @ 9:41am

zynga doesnt own the right of ville there are many more games with the ending of ville and zynga has done no such thing to them bakra ville has never had any conttac to zynga and its just messed up zynga would do this its just an ending its not like their taking the name farmville and making a new one zynga has to go somewhere
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Meme, 28 Jan 2011 @ 9:54am

Zynga keeps pissing off their customers, it won't matter anyway.
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Jen, 28 Jan 2011 @ 1:53pm

That's really stupid... Zynga copied Farm Town and Restaurant City and brought out their own versions in Farmville and Cafe World. They are just games geeze not to mention they make billions of dollars off of people already!
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Supporter, 28 Jan 2011 @ 5:07pm

Go Blingville!!!!
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theawesomeone, 29 Jan 2011 @ 2:02pm

ok well i was looking at facebook and sence the copmony that supportysblingville is not well know zinga problay will win the case BUT iz blingville wins THEN ZINGA SUCKS
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Guy, 21 Jun 2011 @ 11:33am

Sheesh...
WHAT THE HECK IS ZYNGA DOING???
Sheesh, the irony lies so thick on nit that you can put a spoon in it.
All they ever do is making stuff like Farmville and such, and then copy the game, change the graphics and the name from "ville"to "town"and launch the game.
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