Palette Swap
Member
I'll raise you with Homicidal Proclivity.
-
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.
AranhaHunter
Banned
C-c-c-c-ombo Breaker
I'm so sorry
GreggTheGrimReaper
Member
This time I'm NOT getting my hopes up.
Danny Dudekisser
I paid good money for this Dynex!
You're right -- the deciding factor isn't the whole games become TV shows and some show become games thing, but it's still important. The basic standard for trademark infringement is whether a likelihood of confusion between two things using a mark exists. Fox's TV show might be completely unrelated, but there's still a reasonable possibility (as far as the USPTO is concerned) that someone could hear there's a game called Killer Instinct, and think it's in some way connected to the show. And that's made reasonable by the fact that TV shows have a tendency to be spun off into games. And that's all that matters as far as the law's concerned. Sure, there are arguments against it like "nobody's heard of this shitty TV show that lasted for like 2 episodes," but uh, yeah, none of that really matters at this point.
IOnEI Falcon
Member
Whoa...what?Rösti;45021473 said:
GAF never fails.
R
Rösti
Unconfirmed Member
I totally see how a tv show about the son of a serial killer chasing down serial killers is anything like a fighting tournament between aliens, werewolves, dinosaurs, robots, skeletons, gargoyles, boxers, secret agents and stuff
Totally confusing me just thinking about the two and how they are so similar that it implies they both come from the same companies!
(Sarcasm, just in case uspto tries to use this as evidence)
Rösti;45022917 said:
But some games are turned into music CDs and some music is turned into games! That's how the uspto thinks
friskykillface
Banned
Kinect Instinct
that'll be the only way to play it too
but i would buy it day 1, just bring back Thunder and his axes and "sonnaabee" move B^)
someone took the name "Jet Force Gemeni" too? smh Rare you gotta keep those names, i should have bought it
that'll be the only way to play it too
but i would buy it day 1, just bring back Thunder and his axes and "sonnaabee" move B^)someone took the name "Jet Force Gemeni" too? smh Rare you gotta keep those names, i should have bought it
Danny Dudekisser
I paid good money for this Dynex!
I don't see how Street Fighter: The Movie and Street Fighter 2010 are related, either, and yet...!
Ninja Scooter
Member
the name is ALL is has going for it. If they make a new Killer Instinct game it will be trading purely on nostalgia. If you don't have the name you might as well create a new IP.
I'm half assuming you don't know street fighter 2010 is an off-shoot from the original street fighter (a lot of people don't know it exists)
Otherwise, kinda odd comparison because its still based on the same mark, sorta.
Neuromancer
Member
That's fine too.
grandjedi6
Master of the Google Search
Microsoft's best bet here might be to argue that Fox has effectively abandoned the trademark by not using it in the last 3 years.
Criminal Upper
Banned
WHAT THE FUUUUUUUUUUUUUUUUCK
Who cares? Rare teased people about a new KI game for at least a decade, but by most accounts weren't actually doing anything.
At this point we all know there is nobody at Rare left capable of making a new, proper Killer Instinct game.
If anything was actually in development I'm willing to bet they were more-than-likely planning some Kinect garbage rather than a new 2D fighter.
At this point we all know there is nobody at Rare left capable of making a new, proper Killer Instinct game.
If anything was actually in development I'm willing to bet they were more-than-likely planning some Kinect garbage rather than a new 2D fighter.
toymachine
Member
Kill3r Instinct
sixteen-bit
Member
Monster Max Kinect
Buddha Beam
Banned
Killer Extinct?
Tatsumaki Senpuukyaku!
Member
I didnt know nintendo had the trademark up until 06. Id rather they had it over rare
sixteen-bit
Member
In their defense, the audience for fighting games is pretty small.
But we are wealthy and buy tons of DLC and themed over priced fight sticks!
Tatsumaki Senpuukyaku!
Member
If it sold close to mk, which it was comparable to back in the day, it would do well enoguh
gaming_noob
Member
In reference to the combo names:
Triple Instinct
Super Instinct
Master Instinct
Brutal Instinct
Awesome Instinct
Monster Instinct
Killer Instinct
King Insintct
Ultra Instinct
Ultimate Instinct.
Did I miss any?
Triple Instinct
Super Instinct
Master Instinct
Brutal Instinct
Awesome Instinct
Monster Instinct
Killer Instinct
King Insintct
Ultra Instinct
Ultimate Instinct.
Did I miss any?
Kuro Madoushi
Unconfirmed Member
I'm glad I don't have to explain this.
MS can argue that Fox hasn't been actively using the mark. I recall a case where the firm I worked for did that as the other party couldn't provide proof. It took a long time though...
And to all the suggestions...nothing with killer and instinct in it will work. I can't change I to 1, I can't add 'the' or 's' or put a tag line with it.
Personally, I think MS should argue this and I think they have a decent chance of winning. The examiner is being a bit of a dumb ass since they are different goods and fox never applied for killer instinct the game.
Danny Dudekisser
I paid good money for this Dynex!
In my paltry experience, at least, the USPTO is particularly persnickety with entertainment stuff. The examiners usually seem to be dumbasses.
Ninja Scooter
Member
They can just call it "KI" and make it one word (pronounced KAI) like DOTA.
Kuro Madoushi
Unconfirmed Member
They could...but killer instinct is more well known than KI. If I saw KI on a game walking by a shop one day, I wouldn't assume killer instinct. Dota is a special case where blizzard and valve negotiated. Kinda wished more companies did this, but those lawyers gotta get paid I guess.
Danny Dudekisser
I paid good money for this Dynex!
People are gonna see "KI," not associate it with Killer Instinct (which is the only selling point a hypothetical Killer Instinct sequel would have), and not wanna play a game that they're going to pronounce "Key." Because Key is a stupid name for a fighting game.
Keyser Soze
Member
Killer Instinct Kinect
Smiles and Cries
Member
any reason they took this long to secure it? KI came before this show sad to see they got bumped out of the way
Ninja Scooter
Member
As long as it has the horribly designed CGI characters that the KI games are famous for people will get the connection.
Kuro Madoushi
Unconfirmed Member
grandjedi6
Master of the Google Search
.
Yeah, the examiner went to quite the trouble to screencap amazon customer reviews and IGN so as to show that consumers link video games based upon tv shows to said tv shows.
And considering that Fox hasn't released DVDs, syndicated the show, streamed it in any capacity or even mention it on any of their websites anywhere, Microsoft should be able to argue for abandonment.
Microsoft's real problem here is time. Even if everything goes there way, its still going to take over a year for anything to be remotely decided. Even the initial appeal could be a 6 month wait on Fox's behalf. Whatever release plans they had for this mystery Killer Instinct project have probably been ruined.
IOnEI Falcon
Member
That is depressing...
Mister Zimbu
Member
If they have to claim ownership of a trademark in 5 years, how likely is it that FOX would reclaim trademark of a property that (from their perspective) is largely useless and hasn't been around in forever? If it's a 5 year duration, that would make the expiration in 2013. If Rare/MS started development now, the trademark would be expired by the time they're ready to go gold.
Better yet, agree with the other people that say call it KI. 3 or fewer letter branding is the in-thing nowadays. Just use a large sans-serif font for the box art and they're good to go.
Better yet, don't make a new Killer Instinct game at all. The game was terrible.
Better yet, agree with the other people that say call it KI. 3 or fewer letter branding is the in-thing nowadays. Just use a large sans-serif font for the box art and they're good to go.
Better yet, don't make a new Killer Instinct game at all. The game was terrible.
Danny Dudekisser
I paid good money for this Dynex!
If Fox did that, the renewal would likely be cancelled because they're not doing anything with it and probably can't show any need to retain the trademark.
In any case, I agree that the best option is to not make a new Killer Instinct.
SapientWolf
Trucker Sexologist
KI didn't age well at all, but KI2 is fine for casual play. It reminds me of the first gen Capcom vs games.
Fox Mulder
Member
MS needs new trademark lawyers.
At least they haven't publicly done anything with this yet, like with Double Fine's Trenched game and Windows 8 Metro.
At least they haven't publicly done anything with this yet, like with Double Fine's Trenched game and Windows 8 Metro.
Slamtastic
Member
"Ki" is a way of spelling Qi/Chi, the life force that lets martial artists do Hadokens. So it's a pretty good name for a fighting game.
Danny Dudekisser
I paid good money for this Dynex!
Hadoken? You just waltzed your way into another trademark infringement, buddy. See you in court.