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Blizzard Legally Opposes Valve Trademark Over DOTA Name [Up: Trial Schedule]

Milabrega

Member
The sad sc2 official mod blizzard dota is nothing but a bullet point for this court case. Only reason they ever talk about it, show its shambles in public and why it never seems to progress.
 
Yeah there are exceptions, even a good amount, but there are a ton of heroes and a good portion are based on their WC3 counter parts. The hero based on the Fel Guard model, for example, is not too generic but is very similar to the Dota 2 version. When I first saw him, I didn't even have to wonder who he was. I do not agree that the ones that are similar are only the generic ones.

Having come from years of WoW, and not having played WC3 for a long, long time... he just looks like a big ol' demon guy with a fiery sword to me. Assuming you're talking about Doombringer, the only hero I can think of that remotely approaches... this:

felguard.gif


Or I guess you might be talking about Axe? A reddish orc guy? He's pretty close to Warcraft red orcs, that I'll admit.
 
blizard qqin after it finally dawns on them that the gravy train left the blizzard terminals and comfortably inside valve's now? tsk tsk


shortly after valve announced DOTA2... didn't Blizzard acknowledge it, saying owell basically, or something along those lines?

does anyone have a link? :D
 

DarkKyo

Member
Valve filed the trademark for "Dota" in August 2010, leading to Steve Mescon to file a counter application of trademark for the phrase "Defense of the Ancients", on behalf of DotA-Allstars, LLC., in order to "protect the work that dozens of authors have done to create the game".

Why are people supporting Valve on this one?

Valve can do no wrong. They are gods to most gamers.

Also, they are in the right here.
 

IrishNinja

Member
Ooo, I hope they win, just so that we can have some kind of inter-platform war between the top 2 developers. Then PC gamers can feel what it was like in the Nintendo, Sega years.
KuGsj.gif

implying there was a competition is a typical mistake of nintentards like yourself who simply don't understand blast processing.
 

Aselith

Member
The problem, is that DotA is not a game entirely of Ice Frog or Eul; it has been a 'free' community game, and now is being monetized by Ice Frog and Eul; it was also heavily supported by Blizzard platforms and WC3 assets and even its lore.


I am saying that no one owns a right to this game; not blizzard, not valve and not Ice Frog. Why do you think there's no game named Football?



So, EA has the right to publish MW4, cause they now have hired the dev?

Does DOTA cease to be because DOTA 2 is being made by Valve? I feel like the answer is no but feel free to correct me.

The Defense of the Ancients community seems pretty happy with their game. This is as much an alternative as LoL, etc just with a closer name. Nothing is being spoiled by DOTA 2 existing (except Blizzard plans to trademark when someone proved it to be marketable.)
 

Doc Holliday

SPOILER: Columbus finds America
I never understood how a game made using Blizz assets, Blizz lore, and Blizz Engine could be licensed by Valve. Has Blizz Sued Riot? Valve could have avoided this by not trademarking the game.
 

Nirolak

Mrgrgr
Does DOTA cease to be because DOTA 2 is being made by Valve? I feel like the answer is no but feel free to correct me.

The Defense of the Ancients community seems pretty happy with their game. This is as much an alternative as LoL, etc just with a closer name. Nothing is being spoiled by DOTA 2 existing (except Blizzard plans to trademark when someone proved it to be marketable.)

Actually this is another great point.

Icefrog is still actively developing the mod to boot, so they're suing the guy who is making the mod for their game.
 
Not sure what your getting at, Orcs, goblins, elves, dwarfs existed like 60 years at least before warhammer. Space marines from both universes are nothing alike unless you compare Dreadnaughts.

Thank you for confirming your troll status. Good day.
 

Drkirby

Corporate Apologist
21. In addition to the foregoing, in or about October 2004, two Warcraft fans,
Steve Feak (who also participated in the development of the DotA mods) and Steve
Mescon, launched the Internet website DotA-Allstars.com (www.dota-allstars.com) (the
"DotA-Allstars Website"). The DotA-Allstars Website was a website dedicated to
promoting, advertising and distributing the DotA Mods. The DotA-Allstars website was
visited by millions of people, and at one time the average number of visitors to the
website exceeded one million each month. Via the DotA-Allstars Website, Feak and
Mescon distributed versions of the DotA Mods, communicated with members of the
public concerning the DotA Mods, advertised upcoming DotA tournaments and
competitions, and collected fan artwork concerning the DotA Mods. All of these
activities were undertaken with the authorization and consent of Blizzard, pursuant to the
EULA. In 2008, Feak and Mescon each assigned all of their rights in and to the DotA
Mods and the DotA-Allstars Website to "DotA-Allstars, LLC."
In 2010, DotA-Allstars,
9 LLC was purchased by Riot Games, Inc. In 2011, Riot transferred DotA-Allstars, LLC to
Blizzard.
Accordingly, Blizzard now possesses all rights that DotA-Allstars LLC may
have had in connection with the DotA Mods and the DotA-Allstars website, including
any trademarks or other goodwill DotA-Allstars LLC may have had in the DOTA Marks.


Wait wait wait, what the fuck. Steave Feak last worked on Dota in March 2005.

I never understood how a game made using Blizz assets, Blizz lore, and Blizz Engine could be licensed by Valve. Has Blizz Sued Riot? Valve could have avoided this by not trademarking the game.

It seems Riot actually managed to get Blizzard to pay them somehow.
 

Radec

Member
I think there both assholes in this situation.

Valve probably should have called it something else. Trying to copyright the DOTA name after its been around for nearly 10 years is just silly.

And Blizzard for clearly missing the boat on DOTA and trying to get it back after Valve swooped in.

The word "DOTA" is more famous than Half-life or Starcraft or Diablo this gen.
 

Victrix

*beard*
Actually this is another great point.

Icefrog is still actively developing the mod to boot, so they're suing the guy who is making the mod for their game.

I want to see how this plays out in court because its such a hilarious mess all around
 

Htown

STOP SHITTING ON MY MOTHER'S HEADSTONE
I never understood how a game made using Blizz assets, Blizz lore, and Blizz Engine could be licensed by Valve. Has Blizz Sued Riot? Valve could have avoided this by not trademarking the game.

Because Blizzard didn't make the gameplay, and they're not using any of Blizzard's assets?
 
And you're saying wrong things that are wrong because Valve has trademarked the name.

I don't know why you keep bringing this up but this court case is Blizzard opposing that trademark application. From what I can tell, Valve doesn't have a trademark, they've applied for one.

And since it doesn't seem like anyone has read the link
In 2008, Feak and Mescon each assigned all of their rights in and to the DotA
Mods and the DotA-Allstars Website to "DotA-Allstars, LLC." In 2010, DotA-Allstars,
LLC was purchased by Riot Games, Inc. In 2011, Riot transferred DotA-Allstars, LLC to
Blizzard. Accordingly, Blizzard now possesses all rights that DotA-Allstars LLC may
have had in connection with the DotA Mods and the DotA-Allstars website, including
any trademarks or other goodwill DotA-Allstars LLC may have had in the DOTA Marks.
 
Yes, Blizzard can have a trademark without formally registering the trademark.
No, I don't think they have a trademark in this case.
Edit: Based on the above, they can argue that they have a common law trademark. The extent of that is uncertain, especially in an electronic context.

Why are they suing?
They have their own DOTA game in the works, right? They are probably suing so they can settle and Valve will let them use the name.
 

Haly

One day I realized that sadness is just another word for not enough coffee.
If the choice is between staying on the WC3 engine and "honoring the wishes of the community/Blizzard" and giving DOTA a standalone engine, more developers, more marketing, more tournaments, more recognition, I would choose the latter every time.

It is really as simple as that. One company isn't willing to do anything for the game/community, the other is willing to do everything. Valve is unquestionably "the good guy" here. Regardless of your personal feelings/speculation about the legality of Valve trademarking DOTA or Blizzard contesting it, you CANNOT possibly deny that Blizzard has done fuck all for the community beyond making WC3 itself.

Hell they've only just acknowledged the DOTA genre AFTER a year of incredible League of Legends growth.
 
I never understood how a game made using Blizz assets, Blizz lore, and Blizz Engine could be licensed by Valve. Has Blizz Sued Riot? Valve could have avoided this by not trademarking the game.

The name has been licensed. As for Dota 2, the game itself is made using Valve's assets, it's own engine, and new lore for all the heroes.

So...
 

JaseC

gave away the keys to the kingdom.
blizard qqin after it finally dawns on them that the gravy train left the blizzard terminals and comfortably inside valve's now? tsk tsk


shortly after valve announced DOTA2... didn't Blizzard acknowledge it, saying owell basically, or something along those lines?

does anyone have a link? :D

Blizzard said DOTA should belongs to the community. Rob Pardo of Blizzard later mentioned, "I don't think it's critical [to have the name DOTA] to delivering that experience to the fans," which is hilarious in the face of this lawsuit.

Yes, Blizzard can have a trademark without formally registering the trademark.
No, I don't think they have a trademark in this case.

Why are they suing?
They have their own DOTA game in the works, right? They are probably suing so they can settle and Valve will let them use the name.

I wonder if Valve even care about Blizzard's use of "DOTA". Blizzard firing first, a month after announcing Blizzard DOTA, would suggest "no."
 

Hylian7

Member
I never understood how a game made using Blizz assets, Blizz lore, and Blizz Engine could be licensed by Valve. Has Blizz Sued Riot? Valve could have avoided this by not trademarking the game.

Valve didn't license DotA, they licensed Dota 2. DotA is still a community mod updated by Icefrog and always will be. No one but Icefrog will own it unless he decides to pass on the torch, which I don't see happening. Dota 2 does not use anything from Warcraft. It runs on the Source engine, and they came up with their own lore for the heroes.
 

Lothars

Member
I understand that the crew that helped make it are hired at Valve now, but that still doesn't give them the right to the name.

If anything, they should allow Eul and Icefrog to co-own the name and license it.
But bottom line is, Valve just deciding to trademark it was bad form. And basically copying all their characters was also bad form.
Absolutely, Valve shouldn't have been allowed to copyright the name.

I think there both assholes in this situation.

Valve probably should have called it something else. Trying to copyright the DOTA name after its been around for nearly 10 years is just silly.

And Blizzard for clearly missing the boat on DOTA and trying to get it back after Valve swooped in.
I agree both are not in the right, I don't think Blizzard has any right to sue but I also don't think Valve has any right to trademark the name.
 
Absolutely, Valve shouldn't have been allowed to copyright the name.

I agree both are not in the right, I don't think Blizzard has any right to sue but I also don't think Valve has any right to trademark the name.

Except Valve's lack of morale won't be judged.
 
Modern Warfare is a trademark of Activision, while Defense of the Ancients is not one of Blizzard.

They trademarked an acronym of a non trademarked name.
So, Blizzard, who 'freely' provided the platform and assets and lore to help DotA become arguably the most popular PC game from an 'unknown' quantity; and also the community that helped the game on many fronts, neither have any right to the game.

However, Valve has every right to a game that they didn't have ANY kind of involvement with, just because now, after the game is at its apex, they are hiring the upkeepr of the games that even themselves are only partially responsible for the success of DotA?

If only Eul or Ice Frog could have made DotA to this point without the help of community, and also the free of charge use of WC3 assets, tools, lore and B.Net platform, and even GG Client; I would say there's a shred of justice in letting THEM own the name, and still not Valve.


---
I wonder, those who are making a devil out of Blizzard and white knight out of Valve, are aware that GG Client has been menetizing the whole DotA game for years and they weren't shut-down by Blizzard?

Sure, it's all business, but what Blizzard is worrying about, is that Valve is not only running away with the game, but also it most probably will halt future advancements of DotA out of Valve.

I do worry about that too.
 
But that doesn't add up:

That doesn't matter, if he had a hand in creating the thing and giving meaning to the name(which his website seemed to have a big hand in), he would hold rights to it.

And you should change the thread title. They aren't suing Valve, they are opposing the trademark application.
 
I never understood how a game made using Blizz assets, Blizz lore, and Blizz Engine could be licensed by Valve. Has Blizz Sued Riot? Valve could have avoided this by not trademarking the game.

In dota 2 the names have been changed a bit (For instance it doesn't show Lina's last name and Furion's name is just Nature's Prophet) and the lore is altered or completely different (it's actually pretty cool)..

Having come from years of WoW, and not having played WC3 for a long, long time... he just looks like a big ol' demon guy with a fiery sword to me. Assuming you're talking about Doombringer, the only hero I can think of that remotely approaches... this:

felguard.gif


Or I guess you might be talking about Axe? A reddish orc guy? He's pretty close to Warcraft red orcs, that I'll admit.

I think he's talking about Sven and his original model, which is a blue felguard.

Doombringer is based off a Doomguard.
 
blizzard suing does nothing good for them.

1. it draws more attention to the game valve is making
2. it paints them as copyright/trademark/patent trolls in the eyes of the community
3. it wont change anything when valve releases their version of the game
 

Nirolak

Mrgrgr
That doesn't matter, if he had a hand in creating the thing and giving meaning to the name(which his website seemed to have a big hand in), he would hold rights to it.

And you should change the thread title. They aren't suing Valve, they are opposing the trademark application.

Eul made the name and acronym though, so would the rights not fall to him?

Unless it falls to the last user, at which point it would be Icefrog's.

Steve exists solely in the middle here, neither creator of name nor upkeeper.
 
So, Blizzard, who 'freely' provided the platform and assets and lore to help DotA become arguably the most popular PC game from an 'unknown' quantity; and also the community that helped the game on many fronts, neither have any right to the game.

However, Valve has every right to a game that they didn't have ANY kind of involvement with, just because now, after the game is at its apex, they are hiring the upkeepr of the games that even themselves are only partially responsible for the success of DotA?

If only Eul or Ice Frog could have made DotA to this point without the help of community, and also the free of charge use of WC3 assets, tools, lore and B.Net platform, and even GG Client; I would say there's a shred of justice in letting THEM own the name, and still not Valve.

So, who do you think should have the rights to the name?
 
Valve filed the trademark for "Dota" in August 2010, leading to Steve Mescon to file a counter application of trademark for the phrase "Defense of the Ancients", on behalf of DotA-Allstars, LLC., in order to "protect the work that dozens of authors have done to create the game".

Why are people supporting Valve on this one?

Cause not only did Valve hire the current driving force behind the final edition of dota (Icefrog) but also the original creator of dota (Eul). What did Blizzard do? Jerk off and make money.
 

Victrix

*beard*
blizzard suing does nothing good for them.

1. it draws more attention to the game valve is making
2. it paints them as copyright/trademark/patent trolls in the eyes of the community
3. it wont change anything when valve releases their version of the game

This is what I don't get, it's not like owning the dota name will magically make the entire dota community like their game - the dota community was built entirely on internet word of mouth, the same internet word of mouth that's going to smear bliz for trying to pull this.

What's especially hilarious is they had every opportunity (and then some) to adopt dota in the same way that valve absorbed so many games and developers, and they willfully ignored the chance, letting dota become popular in spite of, not because of anything they ever did for it.
 
Eul made the name and acronym though, so would the rights not fall to him?

I don't know, there are probably a lot of people that could lay some claim, including Blizzard. I don't think this is much about Blizzard wanting the trademark, it's more about them not wanting Valve to be the sole owner.
 
Valve's Dota 2 is pretty much all their work isnt it?

Art?

Engine?

Lore?

I'm admittedly not a huge MOBA guy but I have played DOTA 2 and it seems pretty cut and away separate from Blizzard's intellectual property.

The way I see it, Blizzard is upset that they never took the initiative to take ownership of a game that was never created by them in the first place. All that can come of this is poor press.
 

JaseC

gave away the keys to the kingdom.
Sure, it's all business, but what Blizzard is worrying about, is that Valve is not only running away with the game, but also it most probably will halt future advancements of DotA out of Valve.

I do worry about that too.

But that doesn't make any sense as Valve is attempting to only trademark "Dota", not the name the acronym represents. If Blizzard decided to call its upcoming MOBA "Blizzard's Defense of the Ancients", there would be absolutely zero potential legal issues.
 
Eul made the name and acronym though, so would the rights not fall to him?

Unless it falls to the last user, at which point it would be Icefrog's.

Steve exists solely in the middle here, neither creator of name nor upkeeper.
I like how you are merely reducing the whole thing into a very simple 'law' issue.

So, how about those who made the game popular? How about those who hosted the game, like B.Net and GG Client? All those who helped to test the game and work on assets and balance and items and everything? Or about those who constantly keep WC3 up to date?

Can someone in their right mind think DotA has been a 1, or 3, man project? And not the work of several different entities and the support of its huge community?
 
Cause not only did Valve hire the current driving force behind the final edition of dota(Icefrog) but also the original creator of dota. What did Blizzard do? Jerk off and make money.

Hiring someone who worked on the project does not automatically give you the right to that product. And did Valve employ Eul? I did not think so.
 

Zoator

Member
Eul made the name and acronym though, so would the rights not fall to him?

Unless it falls to the last user, at which point it would be Icefrog's.

Steve exists solely in the middle here, neither creator of name nor upkeeper.

Anything that goes into a Warcraft III map, including any intellectual property of the map maker, is legally Blizzard's property. It's in the EULA.

Back when Dota 2 was announced, Blizzard stated that "Dota" belongs to the community, and they wouldn't try to trademark it. They didn't. However, Valve did, despite having no involvement with the game prior to the development of Dota 2. All Blizzard is trying to do here is block Valve's trademark so that Blizzard could release Blizzard Dota without getting sued by Valve. This will not force Valve to rename Dota 2 or anything of that nature.

I honestly cannot understand how so many people in this thread are taking Valve's side.
 

Doc Holliday

SPOILER: Columbus finds America
Question...Lets say had managed to get DOTA 2 trademarked, could they turn around and sue Blizzard for using Blizzard Dota?
 
So, this is basically a big waste of money by Blizzard, right?

To which I say... WHY THE HELL DID YOU NOT DO THIS SOONER BLIZZARD?

Game is already made, is going to be released, Blizzard can't do shit. Waste of time -_-
 

ToxicAdam

Member
This is just a corporate shakedown. Threaten a lawsuit and hope for a settlement. More revenue streams for Activision, who probably have a team of lawyers looking for new people to sue or threaten.
 
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