Shane Cole
Independent game developers are fighting back against Candy Crush Saga developer King's attempt to prevent other companies from using the words "candy" or "saga" in any game-related context by releasing a flurry of candy-themed games.
Independent game distributor itch.io organized the event, called Candy Jam, as a sort of peaceful protest against King following news that the company was asserting trademarks covering the words "candy" and "saga" against smaller developers. The hackathon was created, its website says, "because trademarking common words is ridiculous."
Organizers are calling on smaller developers to create and release candy-themed games between now and Feb. 3. Developers are asked to "make a game involving candies" and "consider using the word 'candy' several times."
King purchased the trademark for the word "candy" in Europe from a now-defunct company and had filed an application to duplicate that trademark with the United States Patent and Trademark Office. The company already owns trademarks for "saga."
Following those transactions, King began sending cease-and-desist letters to developers using those words in their games. Among the recipients was Stoic, makers of Banner Saga, a popular viking-themed role-playing game, who had applied for a trademark of their own.
A firestorm of publicity accompanied the letters, and King representatives attempted to tamp down the blaze by posting an open letter to the community regarding intellectual property.
"At its simplest, our policy is to protect our IP and to also respect the IP of others," the letter reads. It goes on to compare the "candy" trademarks to those of more famous companies like Time Magazine, Sun Microsystems, and even Apple.
Andrew O'Hara
Malcolm Owen
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36 Comments
Interesting - but isn't the trademark of Time Magazine restricted to news publications? or perhaps any for of publication? and not just the word "Time" itself? For example if I wanted to publish a magazine about watches and clocks and call it Time Magazine then I don't think that would fly - but if I called it Time Pieces Magazine or The Magazine of Time, would that be okay? Similarly with Apple, despite the long battle between Apple Computer/Apple Inc and Apple Corps Recording Studios, could I not setup a retail store specializing in selling apples of every variety from around the world (talking about the fruit here folks) or would that be considered a violation (provided I didn't try to make it LOOK like an Apple store)? but if I set up a computer sales and repair shop and called it Apple then I would be in trouble? I am not sure if "candy" and "saga" and "crush" are more or less common in everyday usage than "apple" and "time" and "sun" but it does seem like a stretch to me to claim that a game called Candy Racers for example would be confused with Candy Crush unless the former did their best to mimic the look of Candy Crush. I suppose its a good thing (or is it?) or is it that I am not a lawyer or judge involved in such cases because I would be inclined in many of these cases to say "ya'll are being ridiculous, stop wasting my time and go play nice"
I am concerned Candy can be trademarked but then again so many bad Devs would seek to capitalize on Candy Crush's popularity to confuse consumers. Ugh! Not sure what's right?!
"At its simplest, our policy is to protect our IP and to also respect the IP of others," the letter reads. It goes on to compare the "candy" trademarks to those of more famous companies like Time Magazine, Sun Microsystems, and even Apple.
My litmus test is: What would happen to you if you said this to a group of five dudes in downtown Oakland.
You'd get your ass beat, that's what. Just because you have Harvard lawyers writing your pretty copy doesn't make it any less thuggish. Thuggish behavior should be met with a punch to the face, is what I say.
[quote name="macinthe408" url="/t/161849/developers-protest-candy-crush-makers-candy-trademark-with-hackathon#post_2466110"] My litmus test is: What would happen to you if you said this to a group of five dudes in downtown Oakland. You'd get your ass beat, that's what. Just because you have Harvard lawyers writing your pretty copy doesn't make it any less thuggish. Thuggish behavior should be met with a punch to the face, is what I say. [/quote] Are you saying street thugs don't honor trademark laws?