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King Games and the Trademark Controversy

King Games and the Trademark Controversy. Cody Driskill. The confusing art of the trademark. Things people have tried to trademark: Blue Turf APPROVED Harley Engine Sound DENIED “Mc” Prefix DENIED The word “superhero” APPROVED

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King Games and the Trademark Controversy

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  1. King Games and the Trademark Controversy Cody Driskill

  2. The confusing art of the trademark • Things people have tried to trademark: • Blue Turf APPROVED • Harley Engine Sound DENIED • “Mc” Prefix DENIED • The word “superhero” APPROVED • The color orange DENIED • Red shoe soles APPROVED

  3. King digital entertainment • Creator of “casual games” • Releases new games every month • Making $2 billion a year

  4. So what happened? • King filed an application to the USPTO to trademark the words “candy” and “crush” on February 6th, 2013 • This application was then approved on January 15th, 2014 • This incensed a large number of people (THE INTERNET!!)

  5. Public outcry and king response • International Game Developers Association (IGDA)“predatory efforts” and “opposition to values of openness and cooperation” • King’s Response“Like in any prudent company, we need to take all appropriate steps to protect our IP, both now and in the future.”

  6. Steps for trademark certification • File application to the USPTO • Application reviewed by USPTO employees • Application gets approved • Published in the “Official Gazette” • 30 days to dispute claim

  7. “protect our ip” • Reality of trademark law is ruthless • Must “mark your territory” and ensure public awareness • But not too much public awareness! • Must monitor for uses of your trademark and actively defend it • CandySwipe • Candy Casino Slots – Jewel Craze Connect: Big Blast Mania Land

  8. Future of trademark law • Trademark law based largely on a 1973 case • Issues arise as the Internet continues to expand • URLs • Trademark application increase from 18,000 to nearly 300,000 • Domains • 3D Printing

  9. references • Lien, Tracey. "King: We're Not Trying to Stop Banner Saga from Using Its Name." Polygon. Vox Media, 22 Jan. 2014. • Morales, Xavier. "How Long Does It Take to Get a Trademark?" SecureYourTrademark • Karmali, Luke. "The Banner Saga Sequel Blocked by Trademark Claims." IGN. IGN Entertainment. 23 Jan. 2014. • Kosner, Anthony Wing. "Candy Crush Saga Has Trademarked Candy And Apple's App Store Is Helping Enforce It." Forbes. Forbes Magazine, 20 Jan. 2014 • Rhodes, L. "Candy Crush Is Everything That Is Wrong with Trademark Law." The Daily Dot. 24 Jan. 2014. • Mlot, Stephanie. "7 New Internet Domains Go Live, Hundreds More to Come." PCMAG. Ziff Davis Inc. 29 Jan. 2014.

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