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Rösti
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(03-24-2015, 10:38 AM)
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Yesterday, on March 23, 2015, Sony Computer Entertainment America saw five of its trademark applications abandoned, likely because of administrative error (same situation as with the trademark for The Last Guardian in February), in the US. Four of these trademark applications concern computer game software, the remaining concerns headphones.

The affected trademarks are (source via links):

Reason for abandonment:

Abandoned because no Statement of Use or Extension Request timely filed after Notice of Allowance was issued. To view all documents in this file, click on the Trademark Document Retrieval link at the top of this page.

The attorney who handled these applications was Kiphanie Radford who is no longer with Sony. She also handled the application for The Last Guardian which was abdoned on February 16 this year. Since then, Lindsey Anne Mohle (RIHC, The State Bar of California) together with Anthony Justman (Senior Director, Legal & Business Affairs at Sony) handle most trademark cases. If these trademarks have indeed been abandoned due to administrative error, I find it a bit strange. It's been after all more than a month since the The Last Guardian incident, I would have thought someone would have checked if other trademark applications were in jeapordy of being abandoned. Seemingly nobody bothered to do so.

As for the games connected to these applications, there should be no problems, especially Bloodborne ought to see no holdback as it launches today (March 24) in North America. These issues ought to be resolved shortly. One could consider this rather sloppy practice however if indeed abandonment is due to an administrative error on Sony's part.
Last edited by Rösti; 03-24-2015 at 10:45 AM.
Tizoc
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(03-24-2015, 10:42 AM)
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That first game is a really good 'match 3 game' ala Pokemon Shuffle...and for $10 you can get rid of the stamina bar~
If you got a Vita and like match 3 games, def. give it a try.

Though curious, I thought that game was owned by Acquire, or am I confusing how trademarks affect the content itself?
Bornstellar
Sickle Cell Anemia - Not Just For Blacks Anymore!™
(03-24-2015, 10:42 AM)
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BRB, gonna snatch that Bloodborne trademark.
Sangetsu-II
Member
(03-24-2015, 10:42 AM)
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I find it funny that the Bloodborne Trademark was abandoned at launch. It cracks me up.

We should see this get fixed by Wednesday afternoon I bet.
Ploid 3.0
Member
(03-24-2015, 10:43 AM)
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Buy Bloodborne and sell it back to them for big monies.
GarciaHotspur
Member
(03-24-2015, 10:44 AM)
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Bloodborne trademark abandoned ?

Is it just " funny " or it can be important ?
fedexpeon
Banned
(03-24-2015, 10:46 AM)

Originally Posted by Ploid 3.0

Buy Bloodborne and sell it back to them for big monies.

Perfect timing.
They can't market the game!
jmga
Member
(03-24-2015, 10:49 AM)
Maybe From made a deal for Bloodborne TM and Bloodborne 2 turns out multiplatform.
Jawbreaker
Member
(03-24-2015, 10:51 AM)
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Haha, Sony has been slacking with these trademarks recently.
Surface of Me
Member
(03-24-2015, 10:52 AM)
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Get your shit together, Sony TMers.
hesido
Member
(03-24-2015, 10:53 AM)
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The excel sheet that reminded the trademark expiration dates was accidentally deleted, but no sensitive user data was compromised.

Edit: We should have a kickstarter that pools some funds so we can grab an actually live trademark the next accidental trademark blunder Sony has. LawyerGAF, is this actually profitable?
Last edited by hesido; 03-24-2015 at 10:59 AM.
Souldestroyer Reborn
Member
(03-24-2015, 10:53 AM)
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GAF should buy that Bloodbourne TM and split the profits :D
mcz117chief
Member
(03-24-2015, 10:55 AM)
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So, what would happen if some random nobody bought the TM and sued SONY for using the name Bloodborne ? Would it work? I guess not but I am interested if there is any way somebody could abuse this.
Tanis
Junior Member
(03-24-2015, 11:01 AM)
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Does this mean anything? I thought the registration of a trademark was just a formality. The important bit was being able to show that you created and continued to use a given trademark,
KyleCross
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(03-24-2015, 11:05 AM)
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Originally Posted by mcz117chief

So, what would happen if some random nobody bought the TM and sued SONY for using the name Bloodborne ? Would it work? I guess not but I am interested if there is any way somebody could abuse this.

I think there is a period of time after an TM is abandoned that the owners can reclaim it. No one can just jump in and snatch the Bloodborne TM up until some time has passed.
Joni
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(03-24-2015, 11:06 AM)
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I think someone might get fired for this one.

Originally Posted by mcz117chief

So, what would happen if some random nobody bought the TM and sued SONY for using the name Bloodborne ? Would it work? I guess not but I am interested if there is any way somebody could abuse this.

Sony has prior usage of it.
Trevelyon
Member
(03-24-2015, 11:07 AM)
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Yeh, you can let whatever 'KILL STRAIN' is go and come up with something better.
StrongBlackVine
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(03-24-2015, 11:09 AM)
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Wow I'm sure it was a mistake and Wil be fixed, but I would not want to be the employee that slipped on this.
StrongBlackVine
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(03-24-2015, 11:10 AM)
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Originally Posted by jmga

Maybe From made a deal for Bloodborne TM and Bloodborne 2 turns out multiplatform.

Seriously doubt that.
AJLma
Member
(03-24-2015, 11:10 AM)
Sony always slacking.
DemonNite
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(03-24-2015, 11:10 AM)
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lol what
Opinionatedfish
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(03-24-2015, 11:12 AM)
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Originally Posted by Tanis

Does this mean anything? I thought the registration of a trademark was just a formality. The important bit was being able to show that you created and continued to use a given trademark,

THAT.

There's a legal precedent for use and continued use. Earliest use isn't as important as continued and monetized use of a trademark over a certain amount of time.
qualitydisc
Member
(03-24-2015, 11:14 AM)
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Somebody in Sony's legal department is asleep at the wheel.
chiliboy
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(03-24-2015, 11:16 AM)
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does anyone know how much the TM costs? ^^
Joni
Member
(03-24-2015, 11:19 AM)
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Originally Posted by Trevelyon

Yeh, you can let whatever 'KILL STRAIN' is go and come up with something better.

It is a topdown free-2-play multiplayer shooter.
mcz117chief
Member
(03-24-2015, 11:25 AM)
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Originally Posted by Joni

Sony has prior usage of it.

So there is zero reason for concern ? Nobody can damage the Bloodborne brand in any way ?
Ghost Slayer
Member
(03-24-2015, 11:28 AM)
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Originally Posted by DemonNite

lol what

How are you feeling right now? Your beast finally released :)
Piccoro
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(03-24-2015, 11:28 AM)
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Originally Posted by Tizoc

That first game is a really good 'match 3 game' ala Pokemon Shuffle...and for $10 you can get rid of the stamina bar~
If you got a Vita and like match 3 games, def. give it a try.

Though curious, I thought that game was owned by Acquire, or am I confusing how trademarks affect the content itself?

According to gamefaqs, the game is developed and published by SCEI Japan.
The previous game in the franchise "Holy Invasion of Privacy, Badman! What Did I Do To Deserve This?" (real name) was developed by Acquire.
Donthizz#
Member
(03-24-2015, 11:30 AM)
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Originally Posted by mcz117chief

So there is zero reason for concern ? Nobody can damage the Bloodborne brand in any way ?

they let Last Guardian tm expire. nothing happened.
Callibretto
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(03-24-2015, 11:35 AM)
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Originally Posted by Donthizz#

they let Last Guardian tm expire. nothing happened.

because no one in their right mind believe it will actually come out. :P
fedexpeon
Banned
(03-24-2015, 11:35 AM)

Originally Posted by DemonNite

lol what

Time to get brownie point with Kaz and tell him the corporate TM department has fucked up.
mcz117chief
Member
(03-24-2015, 11:36 AM)
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Originally Posted by Donthizz#

they let Last Guardian tm expire. nothing happened.

I know, but that doesn't mean that there is zero room for somebody to exploit it
kinoki
Illness is the doctor to whom we pay most heed; to kindness, to knowledge, we make promise only; pain we obey.
(03-24-2015, 11:36 AM)
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The Last Guardian confirmed!!!
foxbeldin
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(03-24-2015, 11:37 AM)
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Proves that TM abandonments mean quite nothing.
Joni
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(03-24-2015, 11:38 AM)
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Originally Posted by mcz117chief

So there is zero reason for concern ? Nobody can damage the Bloodborne brand in any way ?

They have to cancel the game now. It won't be released.
The only thing that happens is that they have to pay a bit more to get it renewed now.
ForsakenLotus
Member
(03-24-2015, 11:38 AM)
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Originally Posted by Piccoro

According to gamefaqs, the game is developed and published by SCEI Japan.
The previous game in the franchise "Holy Invasion of Privacy, Badman! What Did I Do To Deserve This?" (real name) was developed by Acquire.

That might just be the most absurd game title I've heard in a long time. Well done to whoever penned that gem.
Yagharek
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(03-24-2015, 11:38 AM)
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I guess that means bloodborne is never coming out.
mcz117chief
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(03-24-2015, 11:39 AM)
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Originally Posted by Joni

The only thing that happens is that they have to pay a bit more to get it renewed now.

ah, I see. Thanks :)
Donthizz#
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(03-24-2015, 11:44 AM)
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Originally Posted by mcz117chief

I know, but that doesn't mean that there is zero room for somebody to exploit it

i'm guessing in instances such as this companies or individuals get some time to get their shit together (tm back) if some employee screws up? i dunno.
Replicant
There's a duck in the room
There's a duck i-OWWWW
(03-24-2015, 11:47 AM)
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Originally Posted by StrongBlackVine

Wow I'm sure it was a mistake and Wil be fixed, but I would not want to be the employee that slipped on this.

This. My boss wouldn't have forgiven such colossal fuck ups and I doubt many executives elsewhere would be either.
Taij
Junior Member
(03-24-2015, 11:50 AM)
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Originally Posted by Bornstellar

BRB, gonna snatch that Bloodborne trademark.

Originally Posted by Ploid 3.0

Buy Bloodborne and sell it back to them for big monies.

Originally Posted by Souldestroyer Reborn

GAF should buy that Bloodbourne TM and split the profits :D

Originally Posted by mcz117chief

So, what would happen if some random nobody bought the TM and sued SONY for using the name Bloodborne ? Would it work? I guess not but I am interested if there is any way somebody could abuse this.

Originally Posted by chiliboy

does anyone know how much the TM costs? ^^

Trademarks aren't like domain names where when someone doesn't renew it someone else can swoop in a buy it up.

Originally Posted by jmga

Maybe From made a deal for Bloodborne TM and Bloodborne 2 turns out multiplatform.

registering a trademark is not the same as owning the IP. If sony owns the IP (I don't know if they do) then they decide what platform it, and any sequels, is on.

Originally Posted by foxbeldin

Proves that TM abandonments mean quite nothing.

Yup!
23qwerty
Member
(03-24-2015, 11:53 AM)
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If my memory from business law class is not mistaken, you can have own a trademark without registering it, right? Registering it just lets you enforce it more easily?
2thepoint
Banned
(03-24-2015, 12:01 PM)
SCEA really need to fire whoever is in charge of trademarks.

There's constantly something getting abandoned etc.
RubberJohnny
Member
(03-24-2015, 01:15 PM)
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Gonna make Bloodborne 2 in a day and then release it.
chiliboy
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(03-24-2015, 01:17 PM)
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Originally Posted by Taij

Trademarks aren't like domain names where when someone doesn't renew it someone else can swoop in a buy it up. !

A man can wish right?
Delusibeta
Junior Member
(03-24-2015, 01:18 PM)
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OMG bloodborn cancelled PICNIC

But seriously, this is what happens if you don't keep up to date with your legal stuff.
Sephiroth_GR_
Member
(03-24-2015, 06:44 PM)
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Does this mean that From Software can use the name in the future for usage on another console? (Bloodborne 2 on Xbox One for example) ?
GiantBombGamer
Junior Member
(03-24-2015, 07:20 PM)
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I'm an IP attorney by profession. I don't understand how Sony's lawyers keep allowing this to happen. Hell, its grounds for a misconduct violation for an attorney to allow this to happen (if its actually the attorney's fault and not some other Sony clerical error). Hire me Sony, I'll get this in order haha.
Moofers
Member
(03-24-2015, 07:25 PM)
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So I can't just put a "Bloodborne 2" sticker on copies of Nightmare Creatures and go to town?

In all seriousness, I do think this is kind of lame of whomever is supposed to be in charge of this over at the Sony camp. Not a big deal, but a sign that maybe priorities need to be re-aligned and the schedule re-examined.
Balphon
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(03-24-2015, 07:35 PM)
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Beyond creating a bit of a bureaucratic headache this doesn't mean much.

That said, missing these sorts of obvious deadlines is pretty much the basest example of poor lawyering.

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