Jimquisition: The Saga Scrolls: Edge of Candy

[Andreas Hallqvist]

I agree and disagree.

I disagree that King is a patent troll, they actually have a game in the market to base their claims on. They oppose a trademark application because of their own trademark application for an identifier of their games. They fight people trying to steal their thunder.
I believe they are in the right for actually going ahead, but the people who look at the case of Banner Saga should find that they are not in the same market (and perhaps require that Banner Saga state they are not a King game, but not more).

I agree that trademark and patent trolling is hurting most industries (except the lawyer business) and modernization is required, and that not having a product in the market OR in development with adequate work being done should invalidate trademarks and general idea patents.

King makes addictive microtransactiondriving simple games. They are not pushing the cultural side of gaming ahead and are perhaps hurting efforts to present serious games as art. But they are also a company in the business of making addictive games that people pay to play - which they are doing great at.
I think the consumer needs to be educated and the discussion of what is good and bad games needs to continue, because in the end all companies want to print money with something like Candy Crush. But those of us who wants to see games elevated don't care about money, just good games.

 

[Knight Templar]

Jim, i completely agree with your opinion here, but you are wrong on one fact. And you are wrong on it probably because companies continuously lie about it to the point where it has became a myth known to many.
companies do not need to sue anyone with a similar trademark to keep it [https://www.eff.org/deeplinks/2013/11/trademark-law-does-not-require-companies-tirelessly-censor-internet]. Companies that tell you that are either hiring incompetent lawyers or are lying because they don't want to be seen as cocks.

It seems that King doesn't currently hold a trademark for the word "saga", they are applying for it. If true then in this case they kinda do need to go after anybody using it, because it undermines their claim (for entirely obvious and valid reasons, in my uneducated opinion).

 

[Something Amyss]

IP laws don't need a huge overhaul. They need a few well-placed patches.

Things do definitely need to change, though.

 

[Something Amyss]

I disagree that King is a patent troll, they actually have a game in the market to base their claims on.

It'd be hard to be a patent troll in a trademark dispute. However, having a stake in the market doesn't mean they're not effectively trolling through zealous threats of litigation.

First off, some clarification. I can't find a "Candy": trademark from the owners of King.com. All I can find is a trademark on the phrase "Candy Crush." I'm wondering if this whole thing is misinterpretation, because none of the articles link to anything definitive. The idea of trademarking "candy" is a bad one in the first place. Part of the issue with trademark is mark strength. Trademarking something like "candy" already puts you in a tenuous position. And Langdell lost because his net was too wide, despite having a brand to protect.

"Candy Crush" is a more reasonable trademark, but the problem is that they're firing off legal notice to everyone with "candy" in their name, even if it's the only similarity. That is where this all veers into troll territory. Imagine if Pizza Hut started filing claims against anyone using the word "pizza."

And there is literally no reason for anyone to have to make a disclaimer about a game with "saga" in the name.

Let's be specific: the problem here is that they're not likely going to be able to keep their trademark on challenge, but that they're capable of doing a lot of damage until they lose. That they can go beyond any reasonable scope and threaten to shut down people over use of a common word is damaging to gaming, even if nobody else involved cared about the money. They can tank people. It's no different than someone "outside the industry" doing it.