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Putt-Putt send cease and desist letter to Mojang for trademark infringment

L Thammy

Member
Putt Putt?
cardog.jpg


Also, Don Mattrick?!

That's what I thought too. Didn't they let you play one of these games at the Royal Ontario Museum?

What is Putt-Putt Craft? Shouldn't they be aiming this at YouTube users if it's a user-created thing?
 

TheD

The Detective
So wait, they sent a C&D to Mojang because some users put up minecraft videos with the word "Putt - Putt" in the title.............

I think that "Putt - Putt" can go "Fuck - Fuck" "Off - Off"!
 

Stumpokapow

listen to the mad man
Why did Notch even need to make this public? It is obviously a misunderstanding.

Because they wasted his time? Because they sent a trumped up pseudo-legal letter to scare him? Because they were wrong? Because there's no expectation of privacy in something like this? Because if he was a little guy he'd actually be legitimately worried about being sued and losing his shirt? Because this isn't the first bogus-ass legal threat he's got?

Poor multi-million dollar minigolf corporation, how dare the mean bald guy embarrass them like this?
 
This isn't really surprising. If a company doesn't attempt to challenge stuff like this, they can lose their trademark due to generalizing.

Unfortunately, it may force Mojang to get YouTube to take down all these videos.

except that's not actually the case and fair use is still a thing. i would love to see them try to claim ownership of text descriptions of youtube videos in court.
 

Warablo

Member
This thread title I instantly remembered the car game. My friend and I were bugging ourselves not remembering the name.
 
its user created content. Better sue youtube too you fools.

Also dafuq is a putt putt. Sue all those putt putt golf place while you are at it.

Uh... The Putt-Putt golf place is the place with the complaint.


I remember going to Putt-Putt a lot as a kid. I didn't mini golf much, though. I would spend a lot of time playing the Terminator Pinball Machine or hustling other kids at air hockey. Til one kid's mom got pissed at me and tracked my mom down to tell her what I was doing.

Oh yeah and go-karts.
 
Putt Putt?
cardog.jpg


Also, Don Mattrick?!

~Putt Putt saves the zoo.
Putt Putt saves the zoo.
Putt Putt saves the zoo.
Putt Putt saves the zoo.
Putt Putt saves the zoo.
Putt Putt saves the zoo.
Zooooooooooooooooooooooooo.~

That was basically my first adventure game. Fun times.

Also, I never heard of mini-golf being called "putt putt". This is totally new to me.
 
In the town I grew up in (down South), our city had one. Before all your new fangled fancy pants gadgets we had minature golf, roller skating, and bmx courses! GET OFF MY LAWN YOU WHIPPERSNAPPERS!

Google "putt putt for the fun of it", and you will get a link to one of their old commericals on YouTube. This same ad aired on our local TV station as well.

Funny they think Notch did this on his own accord; probably because I am sure some of the videos in the letter point to links or state the need for the base 360 version (video links are 360 videos, not PC, sorry...). The protecting copyright enforcement mentioned is also true - the band Twisted Sister recently had to enforce their trademark against a food truck based in Minneapolis. Not always the best of PR, but it is interesting to see the process in action.
 

BraXzy

Member
First off.. never heard it being called Putt-Putt so I'm guessing it is an American company, here in the UK most people call it crazy golf if I'm thinking of the same thing.

Second, are they seriously making this after a number of community made videos on a mod for Minecraft with the same name??
 
What ever happened to Humongous? I remember those games being hugely popular as a kid so I can't have imagined they would just drop off the map.
 

red731

Member
what the hell am i reading. i don't see one official minecraft video anywhere on that page.
it is people generated content created within minecraft that is showing that fans haven't forgot about this franchise I loved as a kid.
 

Pikawil

Unconfirmed Member
The first thing I thought of when reading the topic title was the car. Is putt-putt golf something exclusive to America?

If someone (say Warner Brothers and 5th Cell) put a game (say Scribblenauts) on Steam
Speaking of Scribblenauts and copyright infrigment, what happened with the Nyan Cat lawsuit?
 

rrs

Member
What ever happened to Humongous? I remember those games being hugely popular as a kid so I can't have imagined they would just drop off the map.
GT Interactive bought them, and was soon part of Atari, Inc. Key staff bailed out after a failed attempt to buy back the company, and was more or less a shell after 2001.
 

jambo

Member
What ever happened to Humongous? I remember those games being hugely popular as a kid so I can't have imagined they would just drop off the map.

GT Interactive bought them in 1996. Infogrames bought GT in 1999. Infogrames then changed their name to Atari. In 2000 Atari laid off most of the staff and a few years later they closed Humongous.
 
That's rather sad. I remember spending alot of time on their Freddi Fish, Pajama Sam, Putt-Putt and Backyard Sports games.

My favorite was the Putt Putt game where you had to jump from platform to platform popping balloons. I remember it got insanely hard and something like 300 levels. Anyone else remember that?
 
This isn't really surprising. If a company doesn't attempt to challenge stuff like this, they can lose their trademark due to generalizing.

Unfortunately, it may force Mojang to get YouTube to take down all these videos.

I'm not sure you know what you're talking about:

1.) Trademark confusion has to exist for the average consumer. As these are online videos related to Minecraft and mini golf courses created using Minecraft, and Putt Putt appears to be an actual, physical mini golf location, they exist in different markets with little chance of confusion. The only thing I can imagine is that Putt Putt may be considering making a game at some point, wherein they would exist in similar markets and trademark issues might actually occur. Not that any of this matters because...

2.) Where I come from, "putt putt" is a generic term for mini golf. I'd venture to guess this is true of a lot of locations. In fact, it's using a term for the action of mini golf, meaning it's already straddling a trademark line where descriptive terms are questinably trademarkable. These videos appear to be mini golf courses created in Minecraft, ergo they are using the colloquial term "putt putt" rather than saying "mini golf." A court may well therefore see that "putt putt" is a generic term and shouldn't hold a trademark in the first place. Maybe some showing could be made that geographical areas in which "Putt Putt" exists don't use it as a generic term, but that wouldn't be grounds for taking these videos down. (Overreaches the boundaries of what could be protected). The only way this could work in their favor is if they can prove the makers of the video have caused actual confusion by creating replicas of the courses, or by using verbiage that makes people think Putt Putt is sponsoring the content. That seems unlikely. But even if all this were true though...

3.) "Putt Putt Craft" is not a term created by, used by, or endorsed by Mojang. From what I can tell from looking up these videos, they're uploaded by, and created by a wide variety of independent users. You can't sue Mojang for what independent users are doing. Mojang couldn't take down these videos if they wanted as they aren't their property. (Mojang might be able to claim copyright or trademark of their own against users I suppose, but even the legality of that is questionable since these are new creations by users, which means they have separate copyright.) Mojang is immune and doesn't have to do a thing.

Case and point; Putt Putt is being an asshole and has no case. This gets thrown out in any court that has half an idea if what is going on. Maybe they're thinking they can make a quick buck, or maybe this is purely reactionary and not thought out. The only thing you said that rings true is that you do have to protect your trademark if you don't want to lose it, but that's a matter of actual or perceived threats in similar markets. There's also a duty not to bring frivolous lawsuits, but people tend to ignore that one.

And yes, I am a lawyer.
Edit: And no, this is not legal advice. (Professional responsibility requirement and all)
 

Suikoguy

I whinny my fervor lowly, for his length is not as great as those of the Hylian war stallions
BRocknRolla, what was the last trademark lost for reason #2.

Just curious, I figured Band Aid would have lost it by now, hehe.
 

GamerJM

Banned
GT Interactive bought them, and was soon part of Atari, Inc. Key staff bailed out after a failed attempt to buy back the company, and was more or less a shell after 2001.

I remember seeing Atari had ported some of Humongous' old games to the Wii.
 
BRocknRolla, what was the last trademark lost for reason #2.

Just curious, I figured Band Aid would have lost it by now, hehe.

Can't say I know off hand. I know Xerox and Kleenex had similar issues as well, but I believe their trademarks were ultimately upheld due to very careful and concerted marketing efforts. Xerox went as far as making posters and giving then to businesses and suppliers that told then to make sure they were using the word "copy" rather than "xerox." Sometimes companies can be victims of their own success.

I would say Putt Putt's case is a bit different from those examples simply because it is a descriptive term, rather than an invented one that becomes part of the language. I grew up in the Midwest, have played my share of mini golf in that time, and heard it called "putt putt" as often as not, but never before was I aware a course was actually named that. Assuming "Putt Putt" was the origin of the term "putt putt," I'd say that's a pretty good example of a name becoming a generic identifier.

Edit: You sparked my curiosity. Here's a Wikipedia link to a bunch of them that have been lost.http://en.m.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks
A few of the highlights; aspirin, escalator, cellophane, dry ice, yo-yo, and zipper (the device, not the dev obviously)
 
Why did Notch even need to make this public? It is obviously a misunderstanding.

I love it personally. People who use the law to waste people's time and money shouldn't be free to do so anonymously. Notch and whoever his lawyer is clearly get a kick out of it too.
 

Vilam

Maxis Redwood
Hey neato... my Uncle was actually the founder of Putt Putt (true story). That letter is a bad look though.
 

Tellaerin

Member
The protecting copyright enforcement mentioned is also true - the band Twisted Sister recently had to enforce their trademark against a food truck based in Minneapolis.

Would love to have seen the C&D letter for that one. "Word has reached us that your food truck is using our name without permission, and we're not gonna take it aaaaaanymoooooore~"
 

Mordeccai

Member
lol, fuck this. Suing Mojang over you tube videos? I'm not much sure how much sillier you could get.

Also, Putt Putt travels through time was the best. Although I do still vividly recall a song from his zoo game.... "We are ze topiary creatures, we're very pleased to meet chas! Welcome to the zoo zoo zoo!" And while Putt Putt was indeed awesome... the real badass of adventure games was. . . . .


Mother. Fucking. Spy Fox.

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