• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

Sega Loses Shenmue Trademark Because they Didn’t Bother Using it

Cheerilee

Member
It does affect whether a Japanese company has a monopoly on the use of the name for a product being marketed in the US. Someone else could market a game called Shenmue in the US now.

Well - that's assuming there's no provision in trademark law that would allow Sega first dibs on the name again if someone else tried to register it, because of their prior use. But I guess Sega would have to sign something that said they would actually use the mark again within a specified period. They can't tie up the name forever if they're not going to use it.

And that someone could be Yu Suzuki.
 

Trojan X

Banned
That's a good thing. It means Yu Suzuki's company can potentially buy it before SEGA buy it again. Here's hoping it is that simple.
 

Village

Member
Afaik, it's mostly due to legal/copyright reasons.

back in '12 you may remember that Sega went into a port spree. JSR, Nights...they thought it was a great idea, with very low risk and nice proft potential since, well, they don't want to fund traditional AAA anymore. Multiple ports were in development, among them was the canceled Skies of Arcadia port.

Shenmue case was special since not many people know this, but apparently the engine for both games uses licensed technology. It's not Bink Video or Sofdec codecs, apparently it's related to the very own engine.

Well, the thing is, according to what I've been told, the owner of those technologies folded years ago, and it's not clear who owns the copyright now.

Someone shown Sega a working Shenmue prototype for Xbox 360...but after disappointing sales by JSR and Nights, they didn't care enough to bother with the legal hassle. So it never went through the prototype stage, and the Skies of Arcadia port was canceled.

And I guess my dream of getting Model 3/later arcade games ports went to shit as well ;(

People bought sonic though huh, people wonder why sega just makes the shit out of sanic now.
 

Mindwipe

Member
seriously though this is odd because they HAVE released shenmue products recently, a figure and a forklift truck model

They're a different catageory for trademark protection, so they don't help carry the game trademark.

But it's pretty inexcusable for a company of Sega's size that is, in effect, an IP business, to let a trademark of a francise expire through lack of use. It's really not hard to knock out any old crap in order to keep the trademark alive, and the notion that people wouldn't want to go back at some point has been dead since the start of the 90s. If that happened at my company someone would be fired over it. Flat out.
 
They used sales of NiGHTS into fucking Dreams HD to guage support for Shenmue and Skies of Arcadia?

Just when I thought SEGA couldn't get any dumber.
 

Trojan X

Banned
They used sales of NiGHTS into fucking Dreams HD to guage support for Shenmue and Skies of Arcadia?

Just when I thought SEGA couldn't get any dumber.

vpw6djh.gif



... Yeah.
 

Piccoro

Member
Funny how Sega went out of they're way to protect some IP's (taking down that Streets of Rage remake), and completely ignoring other IP's...
 

Petrae

Member
With hopes of HD ports for Shenmue & Skies of Arcadia dashed, I would expect market value on the original games to increase. Looks like I'm going to have to hunt them down instead of waiting any longer for the HD versions.
 

Spaghetti

Member
Funny how Sega went out of they're way to protect some IP's (taking down that Streets of Rage remake), and completely ignoring other IP's...
well sega have been trying to get a new streets of rage off the ground a few times now, but they've all ended up cancelled for one reason or another

Good point.
people are jumping to some very wild conclusions about what this means for both shenmue and sega

yes, someone could in theory grab the trademark, but they'd have the name only and nothing else

if anything i'd advise against some fan trying to buy up the trademark, because at some point in the future sega is going to come calling for it back for one reason or another (slapping the name on a different title, hd remaster, new game, whatever), and they're either going to have to come to an agreement of transferring the trademark freely (or more likely in exchange for some free stuff), or sega is taking them to court
 
at some point in the future sega is going to come calling for it back for one reason or another (slapping the name on a different title, hd remaster, new game, whatever), and they're either going to have to come to an agreement of transferring the trademark freely (or more likely in exchange for some free stuff), or sega is taking them to court

We all know SEGA is stupid, but I can't imagine a company that large would let their trademarks just evaporate through inaction, unless they truly have zero interest in the franchise. Then again, one can argue that the tiny effort required to keep the trademark would've made it worth holding onto. Is it possible they just forgot?
 

Spaghetti

Member
We all know SEGA is stupid, but I can't imagine a company that large would let their trademarks just evaporate through inaction, unless they truly have zero interest in the franchise. Then again, one can argue that the tiny effort required to keep the trademark would've made it worth holding onto. Is it possible they just forgot?
it's most likely they knew the trademark was expiring and let it slip because they have no future plans for shenmue right now.

that's not to say shenmue is dead forever either. the trademark will be easily retrievable considering it will either go unused, or bought up by a naive fan who can be strongarmed or gentle coerced into handing it over. nobody else will really buy it and use the shenmue name to advertise their product either, especially since the trademark lapse only applies to the united states anyway.
 
I'm kind of glad this puts in end to it finally. There was no reason to try and revive the series. Of course someone will try to make their own Shenmue...
 

clem84

Gold Member
But...how does that affect a company in Japan? If they wanted to put out another game (yeah right) I'm sure they could just trademark it again. I doubt trademark laws in the US affect anything at all. They still own the IP.

That's how I see it. This really doesn't change anything. They still own the IP so if they ever want to do a new game, they can just file for a new trademark then.

It does affect whether a Japanese company has a monopoly on the use of the name for a product being marketed in the US. Someone else could market a game called Shenmue in the US now.

Well - that's assuming there's no provision in trademark law that would allow Sega first dibs on the name again if someone else tried to register it, because of their prior use. But I guess Sega would have to sign something that said they would actually use the mark again within a specified period. They can't tie up the name forever if they're not going to use it.

Oh... That makes sense.
 

Spaghetti

Member
maybe this will be Sony's "Series of Massive Significance" announced yesterday?
no, if anything it completely takes it out of the running

maybe if it's snapped back up in the coming month it'll mean something but i doubt sega would let the trademark slip for a month if they already had something in the pipeline with sony
 

Atolm

Member
no, if anything it completely takes it out of the running

maybe if it's snapped back up in the coming month it'll mean something but i doubt sega would let the trademark slip for a month if they already had something in the pipeline with sony

What if now Sony re-trademarks it?

That would be...the twist of the century!!
 

Nymphae

Banned
I never understood the fascination with this game. I played it when it came out on DC, and thought it sucked pretty hard. It was an interesting idea at the time and fairly forward thinking, but playing it was a massive bore imo, and the story did nothing for me. I've been really surprised since joining Gaf to see so many people clamouring for it's return.
 

Spaghetti

Member
What if now Sony re-trademarks it?

That would be...the twist of the century!!
they don't own the ip though, it wouldn't mean anything

even if sega did make shenmue 3 with sony they'd still retain their trademarks instead of handing them over or letting them lapse
 

Arsenic13

Member
I've been waiting on an HD port for ages. Come on, SEGA. You can't gauge the interest in one series over the other just because they'd be part of the same HD Dreamcast line. Silly, silly.
 

Tizoc

Member
So you're trying to say that they're both run by morons?

OK, I agree.

FYI XBL had an SF2 game released on it that sold well enough to convince Capcom to make SF4. Likewise the positive sales of MvC2 were a factor in making (U)MvC3.

Non the less, you should've blindly just bought whatever classic game they put up (or gift in the case of PC games) in the tiny hope that they'd put up more.
 
This doesn't really mean anything other than that we may not get Shenmue 3 in the US by that name. They can re-register it, or when/if they make it, just release it under a new name still relevant to the series. It's not like losing the trademark is losing the IP.
 
Top Bottom