Cody Driskill

KING GAMES AND THE TRADEMARK CONTROVERSY

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

KING DIGITAL ENTERTAINMENT

• Creator of “casual games”

• Releases new games every month

• Making $2 billion a year

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!!)

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.”

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

“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

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

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.