Zynga to sue DC over the name 'SmallVille'

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ShadowsofHope

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Nov 1, 2009
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"Zynga has spent years on researching and developing innovative and original games."
Lulz. In which reality is this, again, exactly?

It's very unfortunate when <url=http://www.escapistmagazine.com/forums/read/7.293083-Zynga-Sues-Brazilian-Copy-Cat-Developer-for-MegaCity?page=1>other studios try to leech off our efforts. We must bring an end to these endeavors."
Oh, the pot says the kettle!

Zynga always leaves me with a grin when I hear about them, that's for sure..

Edit:

...Wait a second!

Raiyan 1.0 said:
Source: <url=http://tinyurl.com/3pb4tfg>www.comicalliance.com/category/news/2011/0354
Darn you, troll! DARN YOU!!

..Ruins all the fun!
 
Jun 11, 2008
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EverythingIncredible said:
Phoenix Arrow said:
EverythingIncredible said:
Nice to see the Escapist community is still bitter over Zynga vs Valve.
While the fanboy rage when Zynga kept knocking out big companies was hilarious, Valve completely steamrolled Zynga so I don't see why Portal fanboys would have a problem with that. Poor BioWare. They could've won that year. Always the bridesmaid.
Steamrolled?

That's not how I remember it.

I remember Zynga kicking Valve's ass up until we pretty much rallied all of our friends to vote for Valve.
They were winning but hardly by a wide margin both statements are pretty big exaggerations as for the most part it was quite close with both companies pulling ahead at times.
 

coldfrog

Can you feel around inside?
Dec 22, 2008
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Ghengis John said:
Rigs83 said:
This whole issue smacks of stupidity. I can already see Zynga's next game SueVille, where you compete against your friends in an endless cycle of frivolous litigation until you get bored and Zynga introduces Sueville 2
Your friend has sent you an invite to play Sueville 2!
Close: "You have received a subpoena, requiring you to attend an online session of 'SueVille 2'. Failure to comply may result in more frivolous litigation."
 

Ghengis John

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Dec 16, 2007
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DracoSuave said:
Except they are not, in any way, the same thing.
Ghengis John said:
Not in a strictly legal sense per se but same difference. Copyright violation, trademark infringement, it's cash-grab litigation ahoy either way.
Reading comprehension FTW. Read my sentence back to me and tell me what I said. There's always somebody around who feels a need to prod other people for no good reason. And it's all the worse when it's because he himself doesn't "get" something. I understand that they are not the same thing, but the outcome of both is usually to seek a large cash settlement. That is what they have in common. Far be it from me to incur the wrath of a magician however, so I'll say "thanks for letting me know that".
 

DracoSuave

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Jan 26, 2009
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Ghengis John said:
DracoSuave said:
Except they are not, in any way, the same thing.
Ghengis John said:
Not in a strictly legal sense per se but same difference. Copyright violation, trademark infringement, it's cash-grab litigation ahoy either way.
Reading comprehension FTW. Read my sentence back to me and tell me what I said. There's always somebody around who feels a need to prod other people for no good reason. I understand that they are not the same thing, but the outcome of both is usually to seek a large cash settlement. That is what they have in common. Far be it from me to incur the wrath of a magician however, so I'll say "thanks for letting me know".
The difference is actually very major:

A copyright holder does not need to defend the copyright. Criminal law can get involved here, but there's no registration office, nor does it have anything to do with the sale or marketting of products.

A trademark holder MUST defend their trademark or they forfeit it. Criminal law never gets involved, and there's a registration office. Trademarks only have to do with branding, sales, and marketting, and it's so that two competing products cannot get confused with one another by the consumer.

One has to do with intellectual property, and creative work, and the other has to do with marketing and branding.

Trademarks are considered more serious business than copyrights because of that 'sales and marketing' reason.
 

Ghengis John

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Dec 16, 2007
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DracoSuave said:
The difference is actually very major:

A copyright holder does not need to defend the copyright. Criminal law can get involved here, but there's no registration office, nor does it have anything to do with the sale or marketting of products.

A trademark holder MUST defend their trademark or they forfeit it. Criminal law never gets involved, and there's a registration office. Trademarks only have to do with branding, sales, and marketting, and it's so that two competing products cannot get confused with one another by the consumer.

One has to do with intellectual property, and creative work, and the other has to do with marketing and branding.

Trademarks are considered more serious business than copyrights because of that 'sales and marketing' reason.
This is actually a helpful post, but I looked this up after the last guy pointed it out to edify myself. Are you studying this Draco or is it just a field of interest?
 

Jaso11111

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Sep 22, 2010
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Oh Zynga heres five new games ideas for you:
AreyouseriousVile, Isthisajoke?Vile, YourgamessuckanywayVile, DCFTWVile, SmallVilwait...
I could relase this my self and make billions but im a kind soul and i know you need some new game ideas...
 

OriginalLadders

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Sep 29, 2011
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Because, apparently, the average person can't differentiate the noun "farm" from the adjective "small". Also, I think DC having a seventy year old claim to the name should blow this straight out of court.
 

SpaceBat

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Jul 9, 2011
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Is this for real? Not even Zynga would try and do something this stup--wait a minute...
Zynga has spent years on researching and developing innovative and original games.
 

DracoSuave

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Jan 26, 2009
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Ghengis John said:
This is actually a helpful post, but I looked this up after the last guy pointed it out to edify myself. Are you studying this Draco or is it just a field of interest?
The latter, but strongly considering making it the former.
 

Zeh Don

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Jul 27, 2008
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This is going to sound weird... but I can see their point - even if this isn't a "real thing."
'Smallville' has always been just that... 'Smallville'. Changing the name to 'SmallVille' most certainly suggest at least some form of connection to the '[]Ville' line of 'games' from Zynga. What purpose does this serve? In comic, book, movie and TV form, the name has been presented as 'Smallville'. DC dug themselves into a whole here by changing it after "seven decades". Well, they would have anyway.

If it were me, I'd argue:
"...that the presentation choice of the 'V' capitalisation that Zynga has employed constitutes a plain text logo for purposes of brand and/or series recognition as has been evident in all of their '[]Ville' series until today.
DC altered the presentation of the name of their copyrighted entity seventy years after the creation of said entity when adapting said entity for a web browser based game, of which the '[]Ville' series is both a large and highly prominent series.
The alteration of the presentation of the 'Smallville' copyright can and should be viewed as an attempt to either directly or indirectly misappropriate the goodwill and/or recognition of the '[]Ville' series for the purposes of furthering DC's market share and/or profit."
 

StBishop

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Sep 22, 2009
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Jamash said:
Why does DC feel the need to change the presentation of Smallville to SmallVille just because it's a browser based game?

For 11 years they've presented it as Smallville, so why are they suddenly taking a leaf out of Zynga's book and capitalising the 'V' in Ville?

I don't like Trademark Trolls and I like Zynga even less, but there is some merit to their argument (if you accept the concept of copyrighting words and presentations thereof):

"In short, we will not drop our charges till DC drops the capitalized 'V' in 'SmallVille'."
Additionally, if, in a game of Cricket when there was only one batter left, the ICC decided to drop the plurals and officially refer to the last of the Batsmen as Batman (or The Batman), would DC (or Warner Brothers) mind?
He's still a Batsman. He bats.

The singular comes with the "a" in "man" (as opposed to "e" in "men"), not the dropping of the s.
 

Sonicron

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Mar 11, 2009
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canadamus_prime said:
Also if I understand this correctly, they're getting upset over a letter. A FUCKING LETTER! Doesn't Zynga's legal department have better things to do?
You'd be surprised. In fact, this nonsense reminds me of Apple's attempt to patent the letter 'i'. Go figure.

Wasn't there a news post not so long ago saying that Zynga were having tremendous financial problems and dwindling user numbers? This whole thing smacks a bit of desperate attention-whoring.
 

Canadamus Prime

Robot in Disguise
Jun 17, 2009
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Sonicron said:
canadamus_prime said:
Also if I understand this correctly, they're getting upset over a letter. A FUCKING LETTER! Doesn't Zynga's legal department have better things to do?
You'd be surprised. In fact, this nonsense reminds me of Apple's attempt to patent the letter 'i'. Go figure.

Wasn't there a news post not so long ago saying that Zynga were having tremendous financial problems and dwindling user numbers? This whole thing smacks a bit of desperate attention-whoring.
"No publicity is bad publicity." *sigh*
 

AlexLoxate

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Sep 3, 2010
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zehydra said:
"Zynga has spent years on researching and developing innovative and original games."

that's bull.

Zynga can go to hell.
If it took them years to come up with what they have, they're either stupid or have spent those years picking their noses.
 

everythingbeeps

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Sep 30, 2011
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I hate Zynga more than anything, but they have a point. The decision to capitalize the V is a blatant attempt to cash in on the similarity. Otherwise it's a completely arbitrary decision.

If they just called it "Smallville", that would be one thing, and I doubt many would be confused. Calling it "SmallVille" is unnecessary.
 

VoidWanderer

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Sep 17, 2011
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As stupid as this lawsuit is, I am with Zynga. While they have the memory span of a two-year old, they do raise a valid point. We all know Smallville as Clark Kent's home. But SmallVille? I'd expect a 'Ville game filled with midgets.

While most of their claim is complete tripe, DC don't need to get in on this stupid idea of the 'Villes.

And given American Law, Zynga could actually win this.

I now feel incredibly dirty and am going to take a shower now.