Battlefield Cost Publisher "Tens Of Thousands"
- Thread starter vansau
- Start date
coldalarm is correct (more on that below).coldalarm said:
No, Slitherine acquired a license to a television series, something that EA can't touch, and turned it into a videogame, something that directly competes with EA (more on that below).The_root_of_all_evil said:
Cheshire, first, stop saying things you don't understand. One cannot "copyright any word you damn well please."Cheshire the Cat said:
Second, if you're not joking, as you insist, I really hope you're arrested and thrown in jail for the rest of your life for jaywalking. Society could use more trademark trolls if that somehow results in less violence, but not vice versa.
Finally, everyone needs to stop saying "copyright". This is not a copyright issue. This is a trademark issue, which is a whole different can of beans. When a company registers a trademark, they have the right to use said trademark, exclusively, within their industry. Anyone who, even unintentionally, tries to use a name that could cause confusion among customers as to what company created the trademarked work is infringing upon the first company's trademark.
This results in the somewhat ridiculous claims by Bethesda toward Mojang, but, in this case, EA is well within their rights to sue Slitherine's Battlefield Academy, which sounds like a part of the Battlefield franchise (and it wouldn't be the first time a company hopped from FPS to RTS, or the other way around [Space Marine]).
If a company does not protect their trademark, they become at risk for losing that trademark. For instance, Xerox almost lost their trademark on Xerox because "xeroxing" a paper had become common usage. Kleenex is frequently in danger because people call all tissues "kleenex". Band Aid always reminds you to use Band Aid brand bandages in an effort to prevent people from calling all bandages "band aids". Apparently Dumpster is a trademark of a company that makes mobile trash bins (I always thought they were just called "dumpsters", and I bet you did, too, if you're American). And these examples don't include corporate infringing. As soon as a company lets another infringe on their trademarks, they've essentially lost that trademark, which will quickly result in brand dilution.
Imagine walking into a store and seeing two dozen games with "Battlefield" in the title. What are the chances you'd pick up one published by EA, the rightful trademark owner? Not great. You'd probably accidentally pick up some crappy* game based on a BBC television series.
However, they only defend their trademarks within their own industry, which is why things like Battlefield Earth and BBC's original television show are uncontested. Actually, if EA wanted to make a movie based on the Battlefield franchise, they'd probably have to license the name from whoever owns the Battlefield Earth license.
*I don't really know anything about the Slitherine game. Just making a point.
I just can't wait to see how many games can't use hardly any names in the future due to complete douchebaggery from corps that wish to claim on names they probably would stop using after a certain period of time.
Notch settled that already with them If I remember right, some kind of compromise was done.therandombear said:Now too see if Bethesda follows up with the "Scrolls" lawsuit aswellJandau said:
Also. As mentioned above, "edge" anyone?
But should the makers of Battlefield Earth be suing EA for using name too similar to theirs. Honestly this "I reserve the right to this word" is getting stupid already, at this rate we need to come up with a new language all together to use and speak.
The games industry once again trying to get special treatment. They won the battle to be considered like other media. Well guess what in other media people can have titles that sound similar to yours. I don't see movies studios having a problem with similar sounding movie titles. Just look at how many tv and movie titles have the word battle or battlefield in them.
Sorry EA you don't own the word Battlefield. Now something longer like 'Harry Potter &' I could see that being something people can trademark. But just something with battlefield in the title, no way. I don't think you can trademark single words that are in common useage. Other wise why not trademark 'the'....
Sorry EA you don't own the word Battlefield. Now something longer like 'Harry Potter &' I could see that being something people can trademark. But just something with battlefield in the title, no way. I don't think you can trademark single words that are in common useage. Other wise why not trademark 'the'....
That just doesn't make sense. Did EA really claim it was copyright infringement? Or was it trademark infringement? Because those are quite different things.vansau said:
How is it even possible to have copyright in a common word? It'd mean nobody else would be allowed to use it in any context whatsoever without your permission.
No, this is self-evidently a trademark dispute. Not that this makes it much better... But eh.
This case does seem a little like being caught between a rock and a hard place though; This is a licensed game, so the name reflects what it was licensed from...
... I guess, strictly speaking this means that if EA wanted to release a TV series based on it's game series it might be liable to being sued by the BBC?
Did you see what the name got changed to? BBC Battlefield academy, the word is still in there. I got that the whole scrolls and edge thing was ridiculous but this? This actually sounds like a battlefield game.ph0b0s123 said:
Battlefield bad company, battlefield 1942, battlefield heroes, to be honest, when I read the title I actually thought it was an EA game.
We need to stop being so angry over trademark, because trademark isn't the issue, its idiots that abuse said trademark.
Edit:
Ah, battle academy. Yeah I read that very, very wrong. My bad.
My point stands though, the game was battlefield and then an added title. It was exactly how the battlefield series is named, meaning that yeah, EA are in the right here.
To everyone complaining: If you hear someone saying "I'm playing Battlefield", do you genuinely think of warzones and fighting, or do you jump straight to the immensely popular series published by EA?
It's not 'just a word', it's a franchise that EA has built up.
It's not 'just a word', it's a franchise that EA has built up.
There definitely wasn't a post in this thread before yours that covered this very topic.SinisterGehe said:
Nope. Not at all. /sarcasm
OT: It's pretty crappy, but much like with everything lawyers do, it's crap, but they're within their rights. Because the world is run by bastard lawyers.
Loving the people shouting 'Fuck EA!' on a knee-jerk response. They are three very sound reasons for EA suing Slitherine:
1. The title contained the word 'Battlefield'
2. The title was composed of two words
3. 'Battlefield' was the first of those words
This basically meant that Battlefield academy's title followed virtually the same format as titles in the Battlefield series, e.g.: Battlefield Bad Company, Battlefield Heroes, Battlefield Vietnam, etc. Thus when EA becomes aware that another publisher has produced a game that mimics the title format of their Battlefield series (however unintentionally), is it at all surprising that they sue to protect their trademark? I usually take the side of the underdog, but when the underdog is this dunderheadedly stupid and THEN FISHES FOR SYMPATHY, forgive me if I remain cynical. I refuse believe that they had not even moderately considered the possibility that this could happen.
1. The title contained the word 'Battlefield'
2. The title was composed of two words
3. 'Battlefield' was the first of those words
This basically meant that Battlefield academy's title followed virtually the same format as titles in the Battlefield series, e.g.: Battlefield Bad Company, Battlefield Heroes, Battlefield Vietnam, etc. Thus when EA becomes aware that another publisher has produced a game that mimics the title format of their Battlefield series (however unintentionally), is it at all surprising that they sue to protect their trademark? I usually take the side of the underdog, but when the underdog is this dunderheadedly stupid and THEN FISHES FOR SYMPATHY, forgive me if I remain cynical. I refuse believe that they had not even moderately considered the possibility that this could happen.
You know, this time it actually makes a bit of sense this time. It's not like the Scrolls vs. TES lawsuit. No one ever really refers to "The Elders Scrolls" as just "Scrolls" or "The Scrolls" or something... they'll normally say "TES" or refer to the game by its subtitle, like Daggerfall or Morrowind. If someone says "Scrolls," then its pretty clear they aren't talking about TES.
But in this case, Battlefield is the name of the actual game and franchise, and the title by the indies is petty god damn similar. It sounds a lot like a BF game when you say it out load, and even looks like one with the use of a well-placed colon (Battlefield: Academy looks EXACTLY like some of the other entries in the BF series). I can see how that would be legitimately confusing. I'm always for supporting the little guys, but come on. It seems odd that their legal team wouldn't have noticed this. This is why you ALWAYS have a company lawyer, people. They're useful for things besides suing the pants off guys you don't like.
So, get off the bandwagon o' hate, would you?
But in this case, Battlefield is the name of the actual game and franchise, and the title by the indies is petty god damn similar. It sounds a lot like a BF game when you say it out load, and even looks like one with the use of a well-placed colon (Battlefield: Academy looks EXACTLY like some of the other entries in the BF series). I can see how that would be legitimately confusing. I'm always for supporting the little guys, but come on. It seems odd that their legal team wouldn't have noticed this. This is why you ALWAYS have a company lawyer, people. They're useful for things besides suing the pants off guys you don't like.
So, get off the bandwagon o' hate, would you?
I wanna see the guy's who made Battlefield for the Commodore 64 sue EA, that would be pretty damn funny.
