King Cries Trademark Over The Banner Saga
from the crush-this dept
We already discussed how King.com, makers of the massively popular Candy Crush Saga mobile game, have applied for a trademark on the word "candy" and have begun sending out the threat letters. Well, because one generic turn deserves another, the game developer did likewise with the word "saga", another term that a simple search of the Android market reveals is generic and widespread. But that hasn't stopped King.com from going after all those "saga" pilferers out there, heroically attempting to keep customers from being confused.
Like those that might confuse Candy Crush Saga, a game in which you slap fruit around for no apparent reason, and The Banner Saga, which is a turn-based strategy game with heavy role-playing elements that might as well have been designed with the goal of being as unlike Candy Crush as possible. King.com is filing an opposition to a trademark request by Stoic, LLC, makers of The Banner Saga, who have applied for the actually sensible trademark on the entire name of their game. That opposition alleges, amongst other things, that the word "saga" and the name The Banner Saga are "deceptively similar" and will cause consumers to "believe that Applicant's goods originate from the Opposer, resulting in a likelihood of confusion."
That, my friends, is a special level of bullshit. To take the application of one generic term and claim deception by producers who actually make a game with a unique title would be akin to Major League Baseball seeking to keep little league baseball from using the name of the sport because someone might confuse the two enterprises. It ain't gonna happen.
And guess who knows it isn't going to happen? Why, the folks from King.com, of course.
"We do not have any concerns that Banner Saga is trying build on our brand or our content," a spokesperson for King, the makers of Candy Crush Saga, told Kotaku. "However, like any prudent company, we need to take all appropriate steps to protect our IP, both now and in the future."Ah, the grand old trademark Nuremberg Defense: it's not our fault we're acting this way, trademark law made us do it. Except, of course, that isn't true. There are a myriad of ways in which to wade these waters and come to an agreement that don't involve sending out threat letters to innocent content producers. Those ways probably don't even need to come into play, however, in a case where the trademark on a single generic word never should have been granted and the overlap in the market between the two marks is so thin all the other trademark disputes are worried it might have anorexia.
The folks from Stoic, fortunately, are refusing to back down.
Two years ago, the three of us at Stoic set out to make an epic viking game: The Banner Saga. We did, and people loved it, so we're making another one. We won't make a viking saga without the word Saga, and we don't appreciate anyone telling us we can't. King.com claims they're not attempting to prevent us from using The Banner Saga, and yet their legal opposition to our trademark filing remains. We're humbled by the outpouring of support and honored to have others stand with us for the right to their own Saga. We just want to make great games.That kind of sentiment is going to gain them a great deal of goodwill. King.com, on the other hand, having tried to associate their generic trademarks with a quality and enjoyable product, are instead associating their company name with legal yahoo-ism and attempts to shut down other people's fun. Way to think this through, guys!
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Filed Under: banner saga, candy, candy crush, candy crush saga, saga, trademark
Companies: king.com, stoic
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Ah, how the temporarily mighty will fall…
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Oh, and inb4 ootb blames google.
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If you search for "The Banner Saga" in the Play Store, you get results for Candy Crush Saga, not the other way around.
And even if The Banner Saga were available on a mobile device, every damn app/game on the Play Store lists first the name of the app/game and then the name of the company/person who released it. It's so hard to read the name of the company/person below the title of the app/game. This will definitely cause confusion as to who released the games...
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I'm waiting for King to step into an Apple trap.
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"Saga" is already a generic term, and has been since at least the thirteenth century. The trademark for it will last until someone with sufficient funds decides to challenge it regardless of whether or not King tries enforcing it now.
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Re: Candy Crush Trademark
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Crush them with Candy! Think of the Saga!
Of course, the entire project, culminating in the delivery/crush would be filmed, producing the Candy Crush Saga Saga.
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just like old times
https://www.chillingeffects.org/resource.cgi?ResourceID=31
Apparently Warner felt they owned the word "Casablanca".
Groucho threatened to countersue over the word "Brothers".
Apparently stupidity never changes.
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Let me just search for "saga" games published before then, on ONE games site...
Marshmallow Saga, Space Saga, Black Star Saga, Summoner Saga (chapters 1-3), Robot Saga: Escape, Ion Frenzy 2 - Black Saga, Hoshi Saga 1, 2, and 3, Hoshi Saga Ringo, and more.
Looks like they aren't the first to use "Saga". And it's not even close; some of these games were published in 2008. Looks like they aren't even the first to use "Saga" as part of a SERIES. Honestly, if they want to argue that their trademark conflicts with anything that has "Saga" in it, then it is THEIR trademark which should be denied.
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Ever hear of LEGO Star Wars: The Complete Saga? (didn't need the search for this one)
I found a SNES game (7th Saga) as well as a GBA game (Mario & Luigi: Superstar Saga) w/ Saga in the title.
& I only bothered checking the 1st 4 pages (LEGO Star Wars came up a lot).
Whoever allowed King to Trademark just Saga needs to be fired.
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1997 Saga Frontier https://en.wikipedia.org/wiki/SaGa_Frontier
2002 Unlimited Saga https://en.wikipedia.org/wiki/Unlimited_Saga
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Funny, just a few days ago I was playing the DS remake of SaGa 2. "Ridiculous" is the first word that came to mind to see King doubling down by trying to trademark not just "candy" but also "saga" now. It's not like classical RPGs have been around for three decades...
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Frankly, I think that whoever granted King.com a trademark on the word "saga" should have their head examined.
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What King is doing is good.
Thanks King
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Penny Arcade has weighed in on the subject.
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A little of column A, a little of column B...
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The human race is definitely the most stupid animal on the planet, especially the American and British tribes.
People's lives are so vacuous
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The King's Speech
When you've built yourself on a market where a *lack* of trademark enforcement is the primary facilitator, and you suddenly forget the fact, then I get a bit worried, frankly.
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Shouldn't that be "an agreement that doesn't"?
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Stoic LLC want to secure a registration for the "Banner Saga" as a trademark for use in conjunction with a game.
Importantly, this is an opposition proceeding, a common proceeding associated with parties that seek formal registration of marks by the USPTO. No one is suing anybody, so for people to call King.com a bully or the like suggests to me they are unaware of such proceedings.
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I see their point....
Everyone I know, just calls it 'Saga', as in:
"Can you stop sending me those damn Saga invites!" and
"Why the hell are all these people playing that dumb Saga game" and
"You play Saga? but you look so smart!"
But now I find out that it is called Candy Crush Saga. I wonder if there would be less confusion if they could just get people to simply call it Candy Crush?
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This is confusing me...perhaps if they could get a patent for a computerized method of throwing candy at birds. Then I think I would be more or less as confused as I am now.
I don't know how hey expect people to figure this stuff out!
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Sounds like a bunch of lawyers cheating everyone
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Re: Sounds like a bunch of lawyers cheating everyone
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Governments allowing corporations to trademark every word in the dictionary will take away our freedom to communicate.
The Supreme Court needs to look at this issue whether trademarking common words in the dictionary violates the First Amendment.
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Not quite--both have baseball in common, which are fundamentally the same thing, the same game. It's more like Major League Baseball going after the League of Women Voters.
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"King Cries Trademark Over The Banner Saga"
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word copyright?
King.com is expecting to be paid with someone used the word "candy"... even in an casual conversation?
I think the kids will be very angry or sad that they can't buy candy from a candy store without paying King.com....
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Saga is too widely used
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