Candy Crush Saga Dev Attempts to Block Banner Saga Trademark

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Candy Crush Saga Dev Attempts to Block Banner Saga Trademark

According to King, The Banner Saga is "confusingly and deceptively similar" to Candy Crush Saga.

You may recall some recent reports about King, the company behind the popular puzzle game Candy Crush Saga suing the developers of the app Candy Casino Slots for infringement based on the latter's use of the word "candy" in its title. "We believe this App name was a calculated attempt to use other companies' IP to enhance its own games, through means such as search rankings," said the company in a statement.

At the time, King only discussed plans to pursue legal action against supposed IP infringers in the iOS App Store. That said, it's recently been discovered that the company has, in fact, taken a much broader approach to protecting its software. Most notably, back in December 2013 King apparently filed an opposition motion to block Stoic Studios from trademarking its strategy RPG The Banner Saga. This was done on the grounds that name was "confusingly and deceptively similar" to Candy Crush Saga. Feel free to take a moment to digest that thought.

In the least, King apparently hasn't tried to extract any damages from Stoic and only attempted to block its trademark application. Even so, this has to rank up there as one of the zaniest legal actions we've ever seen come out of the game industry. I mean, The Banner Saga and Candy Crush Saga could literally not be more different if they tried. One is a tactical role-playing Viking epic and the other is a puzzle game about candy. The mind can't help but to be boggled by this.

Source: Kotaku

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Oh for fuck's sake.

This is the fake handicapped guy suing shops he'd never been to all over again.

If anything, Banner Saga should be pushing for legal action against these hacks.
The Banner Saga released their kickstarter in March of 2012.
Candy Crush Saga released in April.

Only a month's difference, sure, but far as I care these guys can have their pancreases ripped out and an amount of candy equal to the pound-equivalent worth of bullshit they're claiming shoved down their soon to be foaming, locked-open-thanks-to-diabetic-induced-coma gullets.

And that's if the amount of sugar in said amount of candy doesn't crush their bodies glucose level into the ground first.

Well, way to jump into the DEEP end of the alignment pool guys...

*Insert Laugh harder video here*

So what, no one is allowed to trademark anything with the word saga in it anymore because these cunts say so? If Stoic had called their game Candy Bash Saga, or something like that then fine, but The Banner Saga? Really?

Well you know what, I'm going to turn this into a good thing. I was tempted to buy The Banner Saga and now I'm most defiantly going to purchase it, and gift a copy to a friend.

I guess they should also trademark block LEGO Star Wars, the complete Saga, Mario and Luigi: Superstar Saga, SaGa...

Seriously. Forget any other possible reform to the IP system of this country. We need a provision that if a company abuses their trademark more than once, they have the potential to lose all associated trademarks. This is absolute bollocks.

Crimsonmonkeywar:
Well you know what, I'm going to turn this into a good thing. I was tempted to buy The Banner Saga and now I'm most defiantly going to purchase it, and gift a copy to a friend.

You know what, I was on the fence myself. Now I definatly want to buy Banner Saga after my next paycheck. and perhaps give Candy Crush a bad review just to spite them, though I'd hate to give them ad revenue if I happen to click their game.

Wow. this is probably the dumbest thing I've read all week, congrats, Candy crush.

Wait a second... The game is called Candy crush saga... run by King... OH MAH GOD HE'S GOING TURBO!

Captcha: See ya! See? Even captcha knows to abandon ship!

Congratulations, King; in one short move, you went from "that's ridiculous" to "channeling Tim Langdell".

From there, the path is clear: someone needs to stuff garlic in their mouth and chop off their head.

King. The new Zynga.

As in, through a combination of customer exploitation, extreme corporate greed, copying creative content from others, and pursuing ridiculous; if libelous or frivolous; legal actions, they are going to dig their own fucking graves.

And frankly? I hope they do. Companies like King need to shut down.

The sooner the better.

Yeah for a while there I had respect for the devs of Candy Crush. I mean sure I don't care for the whole F2P business model and greedy tactics, but their public image was mostly just good old "hey we're just making another match-three game but we're putting in these features and hey now we're successful so that's cool".

and then this stuff started...

Because in this grand capitalist world of ours... you can buy the exclusive right to use common words in your branding! Seriously... what legal body actually granted these trademarks?

Vigormortis:
King. The new Zynga.

It's like the universe saw Zynga going under and, abhorring a vacuum of douche game companies, birthed King out of the cosmos.

The more I hear about this company and game, the more I hate both of them. How did this Hexic/Bejeweled clone become so insanely popular anyway?

I actually had some small amount of sympathy for King when they went after that Candy Casino game or whatever. I now do not, and am slightly ashamed that I ever did.

Meep.

PedroSteckecilo:
Because in this grand capitalist world of ours... you can buy the exclusive right to use common words in your branding! Seriously... what legal body actually granted these trademarks?

Well, I don't believe you can just copyright a word that way, but you can copyright a word in the form of a name tied to specific products and images. For example, I believe Tim Langdell's claim when it came to "Edge" was that he intended to label a series of games covering different subject matter under an "Edge" label, having released a racing game to cement it, using the argument that since anything could be under the "Edge" banner... like "Edge Extreme Fishing" or "Edge: Epic Turn Based RPG" anyone using that word for a video game could create confusion with his product line even if he was not currently taking advantage of his trademark. It was ridiculous, but if I remember the case correctly there were some technical reasons why he was able to do what he did and hang out for so long.

When it comes to this current situation, it seems ridiculous on any conceivable level, but I imagine there must be some technical merit to the case or there wouldn't be a case. Apparently there are lawyers who believe they can defend this under the right circumstances and given the right judge, otherwise this would have likely died a crib death before we ever heard about it, never mind apparently taking place on multiple fronts.

To venture a wild guess, I'd probably think that their argument against "Banner Saga" is that it's also a strategy game, with their puzzle game being loosely defined as "strategy" for these purposes. What's more they could argue that they plan to release a number of "saga" games with names before them due to the success of this one, and have filed some kind of copyright towards that end.

I'm actually a little more confused about the slot machine app to be honest, again to venture a wild guess, it might be that this is more of a separate case than we're guessing, perhaps some of the art assets (specific pictures of candy or whatever) are the same or very similar, with concerns that it could lead players to believe it's a sponsored product.

Any way it goes, I hope this ridiculousness dies out without doing too much damage.

what bothers me most about this is the potential damage to a promising IP and developer. either they can settle and lose a shitload of money or fight it in court and lose a mega shitload of money in attorney fees. that's usually how these trademark trolls work, they figure out it'll cost.. lets say 800 thousand dollars to go to trial and so they will graciously offer to settle for 750. those numbers aren't real but that's the gist of how they do it. a lot of patent trolls do it that way so I gotta assume this is kind of the same deal. it's a money squeeze and it's the sleaziest kind of business. I certainly hope they have the cash to fight this and then counter sue for harassment and get these bastards to pay their legal fees.

it's possible this is a different thing but honestly, this is like taking a picture of the mona lisa, selling a bunch of copies of it, then suing the creators of the simpsons over lisa simpson. not a perfect analogy but the amount of bullshit this situation is cannot be measured.

It makes me so sad noone has shoved King the legal side of this atrocity and put them out of business.

does anyone know who owns the trademark on the word "crush" for video games in the usa? sounds like king needs to be spanked legally for infringing someones crush trademark

MrPhyntch:
I guess they should also trademark block LEGO Star Wars, the complete Saga, Mario and Luigi: Superstar Saga, SaGa...

Seriously. Forget any other possible reform to the IP system of this country. We need a provision that if a company abuses their trademark more than once, they have the potential to lose all associated trademarks. This is absolute bollocks.

ha they wouldnt be stupid enough to go after lego, nintendo not to mention the evil behemoth that is the mighy mouse empire. disney would end up owning their company and their first born

I realllllly hope a much bigger older studio who has a game ending in the word Saga gets wind of this, and files injunctions against King. Just absolutely takes them to the cleaners, destroys their trademark. And then I hope as many people as possible make candy crush clones, once the trademark is destroyed.

Free advertising for The Banner Saga! Though it doesn't even need it, the game's getting talked about all over the place right now and for good reason. Can't wait for part 2, it's some of the best writing I've seen in a game in a long time. Those mobile app games like Candy Crush and Angry Birds have no place butting into gaming outside of their niche. It's like they consider themselves to be real game makers or something.

Your never suppose to go full retard....King just went full retard :(

Copy write laws struggle to remain up to date. Any sensible law court would just toss this application out.

wombat_of_war:

MrPhyntch:
I guess they should also trademark block LEGO Star Wars, the complete Saga, Mario and Luigi: Superstar Saga, SaGa...

Seriously. Forget any other possible reform to the IP system of this country. We need a provision that if a company abuses their trademark more than once, they have the potential to lose all associated trademarks. This is absolute bollocks.

ha they wouldnt be stupid enough to go after lego, nintendo not to mention the evil behemoth that is the mighy mouse empire. disney would end up owning their company and their first born

Elijin:
I realllllly hope a much bigger older studio who has a game ending in the word Saga gets wind of this, and files injunctions against King. Just absolutely takes them to the cleaners, destroys their trademark. And then I hope as many people as possible make candy crush clones, once the trademark is destroyed.

Disney, Lego, Nintendo, do you guys see this? We might not like everything you do, but this is basically free positive PR! Heck, sue those assholes and gamers will not only like you a bit more, but your legal team actually gets to flex those big muscles of theirs and you make some money out of it! What's not to like?

You know, I was going to buy The Banner Saga thinking that i was getting Candy Crush Saga and that the two games were obviously the same. But thanks to this i can now put my money in the hands of the proper developers who invented the word "Saga".

Id find it hilarious if Square came out of the wood work and sued them for using Saga, since Square had an entire series of games called Saga

So stupid.

I hereby invite the good peoples of Scandinavia to once again get into their longboats for a good old-fashioned viking raid on King's offices.

Feel free to pillage and plunder to your hearts content.

"Overreaching mobile 'game' studio who exclusively produces poor derivatives of existing games attacks original community funded art game"

Prepare your anus King, the gaming community is coming.

I might just follow the leader and go buy The Banner Saga now. Not only do I want to give them the money to pay attorney fees should they decide to fight this, The Banner Saga actually looks like a pretty fun game, certainly more fun than Candy Crush.

Also Jim could we get an episode on this please?

Seriously though, does anyone know where or what Tim Langdell is doing these days? This reeks of him so badly, it makes you wonder...

Scrumpmonkey:
"Overreaching mobile 'game' studio who exclusively produces poor derivatives of existing games attacks original community funded art game"

Prepare your anus King, the gaming community is coming.

They'll need to prepare it with a loooot of asbestos, since the gaming community primarily fights and murderizes using a lot of hate, nicotine, and fire.

Wandering_Hero:
Id find it hilarious if Square came out of the wood work and sued them for using Saga, since Square had an entire series of games called Saga

This needs to happen. This absolutely needs to happen.

HEY SQUARE! WE KNOW YOU'RE HURTING FOR CASH RIGHT NOW! HOW DOES FREE MONEY AND GOOD PR SOUND?

Yes, please. Mister Sterling, if you could grace us with your astute analysis of this patently ridiculous situation, we'd all be delighted, I'm sure.

That said - Jesus Effing Christ, are they whaling in on that. They aren't putting out much more than artificially challenging Bejeweled clones with different flavors of cutesy-poo, and they have the nerve to copyright that shit?! Why don't they copyright "Crush" while they're at it? Then they'll be able to sue PepsiCo for using the word "Crush" for their fake orange products; and consequently get sued into the Earth's molten core by a megacorp's team of crack lawyers!

...seriously guys? You're suing the makers of The Banner Saga because "people will be confused by the name"? You're so full of crap, guys. You're becoming James Bond villains at this point, so just stop. While I don't agree with your attempt to block Candy Slots, I could somewhat see the logic in it. This? There's no friggin' logic, you're just being copyright bullies to a game that nobody will ever confuse with your freemium game and, in fact, markets itself to a completely different demographic than you guys do. You've essentially become the next Zynga, and I hope your story ends like Zynga's looks like it will. I've seen your other games in action (never played them, but seen them) and you guys don't have an original idea in your thick skulls, ripping off everything from Bejeweled to Bust-A-Move to even Peggle to an extent. I think if your ideas are just giant rip-offs of pre-existing games, you lose all right to pull crap like this.

cursedseishi:
If anything, Banner Saga should be pushing for legal action against these hacks.
The Banner Saga released their kickstarter in March of 2012.
Candy Crush Saga released in April.

Only a month's difference, sure, but far as I care these guys can have their pancreases ripped out and an amount of candy equal to the pound-equivalent worth of bullshit they're claiming shoved down their soon to be foaming, locked-open-thanks-to-diabetic-induced-coma gullets.

And that's if the amount of sugar in said amount of candy doesn't crush their bodies glucose level into the ground first.

If you read the original pdf (here) you will see that the SAGA series owned by King began in late 2011:

"[King] used its SAGA Marks at least as early as 2011, which is prior to [Stoic]'s January 10, 2013 filing date and alleged January 1, 2012 first use date."

What King is doing is saying that "The Banner Saga" could be potentially confused with their own Saga series.

Yep, jumped on the bandwagon and went straight off to Steam and bought The Banner Saga.

I was interested, but going to wait on a sale. Now, though, I'm more interested in pissing in King.com's cereal.

Trademarks based on a single common-use word are patently absurd <HAR>. The USPTO needs to start looking at the relevance of the laws and make adjustments to what it allows. Apparently King.com also trademarked the word "Candy."

Edit: Oh, and god forbid some fool does get "Candy Crush Saga" and "The Banner Saga" confused and buys the latter. They just might end up with an actual good game.

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