CandySwipe Developer Surrenders to King in Rage-Filled Open Letter

Karloff

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CandySwipe Developer Surrenders to King in Rage-Filled Open Letter



"Good for you, you win," says Albert Ransom. "I hope you're happy taking the food out of my family's mouth when CandySwipe clearly existed well before Candy Crush Saga."

CandySwipe was there before King [http://www.escapistmagazine.com/news/view/131701-Kings-Open-Letter-Defends-Its-Trademarks-Apologizes-For-Clone], and registered its trademark before King did its Candy Crush, so when confusion arose over whose candy was what, CandySwipe's Albert Ransom went to battle. Candy Crush, Ransom argued, infringed on CandySwipe's registered trademark and good will. There's a likelihood of confusion said Ransom, an argument King should be very familiar with, since it's the same argument it's been using all this while to crush other companies' candy under its boot.

It's hard to go to war with King, and Ransom has given in. "I have spent over three years working on this game as an independent app developer," says Ransom in an open letter to King. "I learned how to code on my own after my mother passed and CandySwipe was my first and most successful game; it's my livelihood, and you are now attempting to take that away from me."

The end came when King bought rights to a game called Candy Crusher [http://ttabvue.uspto.gov/ttabvue/v?pno=91210162&pty=OPP&eno=9]; rights which it used to argue that CandySwipe's trademark should be taken away, since Crusher's candy predates Swipe.

"Your move to buy a trademark for the sole purpose of getting away with infringing on the CandySwipe trademark and goodwill just sickens me," says Ransom. But there's no fighting it, so CandySwipe's about to be one more victim of the King juggernaut.

It's not even as if Swipe and Crush have much in common. Though they share a visual aesthetic, the match-3 gameplay isn't that similar. Yet since Crush has the benefit of fame, Google searches for Swipe turn up Crush instead. Swipe became the game people sank with low review scores [http://www.candyswipe.com/ccs.pdf], thinking it was a clone even though it predated Crush. That was why Ransom took up the fight. There was actual, documented likelihood of confusion.

Not any more. "I wanted to take this moment to write you this letter so that you know who I am," Ransom concludes. "Because I now know exactly what you are.

"Congratulations on your success!"

Source: Albert Ransom [http://www.candyswipe.com/king.html]


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Someone Depressing

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Jan 16, 2011
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Wow. This sucks.

Honestly, whoever the hell is running King deserves to be sued for copywright infringement. For obvious fucking reasons.

This genuinely sickens me. Someone who actually put effort into their little game, opposed to a juggernaut monopolist who made it in 2 days with about 400 people.
 

Pandaman1911

Fuzzy Cuddle Beast
Jan 3, 2011
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Ahh, can you feel it? Just another day on the internet. Dicks everywhere, not a single shred of decency in sight. Oh, and how could I forget the most important ingredient? Drrraaaammmmaaa~!
 

Alexander Kirby

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Mar 29, 2011
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So they actually BOUGHT the rights to a brand in order to avoid paying up for royalties on something they didn't own? They're literally going to any lengths to come out on top in this sickening game of who can trademark what.
 

Story

Note to self: Prooof reed posts
Sep 4, 2013
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Wow this was pretty depressing.
I just lost what little respect I had for King and it really wasn't much.

I wonder how often this happens in general. One game pre-exists another but the more successful one made by the bigger company buys up the rights. Surely this can't be the only case.

Oh wait...King was being a special kind of dick for buying a properity just to keep the copyright. Damn that's evil.
 

hittite

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Nov 9, 2009
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Welp, so much for ever buying anything they ever make ever again. Good job King!
 

Andy Shandy

Fucked if I know
Jun 7, 2010
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So this is a King's Ransom then? =P

[sub]Actually, it isn't, but the names were too perfect[/sub]

Seriously though, just more evidence that King are absolute arseholes of the highest order, if it wasn't immediately obvious after the "Saga" fiasco.
 

Z of the Na'vi

Born with one kidney.
Apr 27, 2009
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I don't see what his mother passing away has to do with the trademark issue other than simply adding unnecessary drama to the situation.

Sucks for him though, I guess?
 

antidonkey

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Dec 10, 2009
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Well....I think this means I'm going to have to take candy crush off the ipad. I never purchased anything for it and I never planned to. I'm not sure if they're making anything from me from advertising but with this sort of spectacular dickishness, I don't want to support them in any way, shape, or form.
 

Clovus

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Mar 3, 2011
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Er, it sounds like this got started when he decided to go after King.com's title Candy Crush Saga with his trademark for CandySwipe. That might barely be close enough to make it to court, but I don't think he had a chance of winning on that case.

Also, if the trademark for Candy Crusher would somehow invalidate the trademark for CandySwipe, it shouldn't have required King.com to buy it for it to even matter. If King.com really did buy Candy Crusher it wasn't to crush this guy, it was just to make it easier to avoid paying out to him - something they almost certainly shouldn't have to do. Does anyone really believe King.com picked the name because of this guys's app? That's nonsense. Regardless of those possibilities, a trademark on Candy Crusher is not close enough to CandySwipe to begin with.

Also, King.com probably bought Candy Crusher to avoid actually getting sued by whoever made that title since it is actually very close to Candy Crush Saga. I wouldn't be surprised if that's how it went: a cease-and-desist to King.com led to them buying the title. It probably had nothing to do with this guy.

King.com is a terrible company that has done some really terrible things, but this story is probably not one of them. If the roles were reversed, everyone would still be mad a big, bad King.com.

Yeah, what clearly sucks is that this guy ended up having his app get downvotes because of confusion though. But he doesn't own the word "Candy" anymore than King.com does. It is terrible that King.com is trying to trademark the single words "Candy" and "Saga", but I don't think those applications will be successful in the end.
 

Rituro

Critwrencha
Sep 18, 2008
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*reads story*

*finds iPhone*

*uninstalls Candy Crush Saga*

*goes back to work*

Good points raised by the poster above; still not enough to stop me from exercising my right to remove a time-wasting sinkhole from my phone.
 

vid87

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May 17, 2010
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"I wanted to take this moment to write you this letter so that you know who I am," Ransom concludes. "Because I now know exactly what you are.

If this statement had not been from an open letter, I'd swear it was a hero's line right before a final boss battle.
 

dragongit

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Feb 22, 2011
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I've stated this point before, but I'd like to go ahead and give the crown of worst gaming company of the year to King, and away from EA. This is just sad.
 

rasputin0009

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Feb 12, 2013
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Wouldn't EA or Zynga want to let Ransom borrow a lawyer in the hope that they could possibly shit on King, the growing competition? It's probably too late though.

I hope this story gets a lot of traction. Fuck King.
 

Baresark

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Dec 19, 2010
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This is terrible. Candy Crush isn't even a good game, yet it is ruining people's livelihood. The way I look at this, in the long run anyway, is that they are going to be another Zynga. They will get huge fast, hyper expand, not produce anything of quality and go down like Zynga has. They will be laying off employees and shutting down development teams, etc. In the long run, Karma always wins, it just sucks that a lot of people who are innocent are going to be negatively affect by it.
 

remnant_phoenix

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Apr 4, 2011
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It's unusual that a news story prompts me to immediate action, but as soon as I read this, I deleted Candy Crush Saga from my phone and I will encourage others to do the same.

Copyright law in the U.S. is a massive crock that favors the wealthy and powerful, and I hate it.
 

Clovus

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Mar 3, 2011
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Does anybody know exactly what went on here? Like, was there an actual court case here, or was the battle just a bunch of letters sent back and forth from lawyers? It just sounds like nothing was really happening at court and the guy just realised that his claims don't make any sense. Ie, that he no chance winning in an actual court - and not because King.com is so rich, but because he had no real case.

At some point this starts to sound like him getting some publicity for CandySwipe by doing this "open letter". I could definitely see that not being the case though. Suddenly getting a lot of heat for some other company's mistakes makes sense as a a motivation for this.

I just can't find much more information out there right now, but I'm limited because I'm at work. I really would like to know the particulars. It's an interesting situation.

I wonder if the Escapist will keep the trademark rage by following today's other IP story:

http://arstechnica.com/gaming/2014/02/video-streaming-company-oculu-sues-oculus-over-trademark-concern/?comments=1&post=26222845#comment-26222845

A streaming video company called Oculu is "suing" Oculus Rift. The story has the same elements that can make the average person rage, but in reality is just standard business practice and no big deal. But, if trademark boils your blood, I recommend it.
 

Mahha

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May 20, 2009
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Stupid patenting and copyright laws enable even stupider law suits and claims.
Shame for Ransom to be caught in this nonsense.
 

weirdee

Swamp Weather Balloon Gas
Apr 11, 2011
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Clovus said:
Er, it sounds like this got started when he decided to go after King.com's title Candy Crush Saga with his trademark for CandySwipe. That might barely be close enough to make it to court, but I don't think he had a chance of winning on that case.

Also, if the trademark for Candy Crusher would somehow invalidate the trademark for CandySwipe, it shouldn't have required King.com to buy it for it to even matter. If King.com really did buy Candy Crusher it wasn't to crush this guy, it was just to make it easier to avoid paying out to him - something they almost certainly shouldn't have to do. Does anyone really believe King.com picked the name because of this guys's app? That's nonsense. Regardless of those possibilities, a trademark on Candy Crusher is not close enough to CandySwipe to begin with.

Also, King.com probably bought Candy Crusher to avoid actually getting sued by whoever made that title since it is actually very close to Candy Crush Saga. I wouldn't be surprised if that's how it went: a cease-and-desist to King.com led to them buying the title. It probably had nothing to do with this guy.

King.com is a terrible company that has done some really terrible things, but this story is probably not one of them. If the roles were reversed, everyone would still be mad a big, bad King.com.

Yeah, what clearly sucks is that this guy ended up having his app get downvotes because of confusion though. But he doesn't own the word "Candy" anymore than King.com does. It is terrible that King.com is trying to trademark the single words "Candy" and "Saga", but I don't think those applications will be successful in the end.
they bought it so that people couldn't do the same to them. if they used that defense without buying it, it would have also invalidated their own rights on their own game too, since the game predates both of their creations.