• 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.

Candy Crush dev trademarks the word "Candy," Apple legal goes after infringing games

Valnen

Member
I played this game on a friend's tablet. I don't understand why it's so popular. There are better "match the colors" puzzle games out there and the music doesn't even loop properly!
 

SmokyDave

Member
It's a tough one. Neither the rampant plagiarism prevalent in the App Store nor overly-broad patents like this are helping anyone. There's a happy medium to be found somewhere.
 

Dali

Member
That's not what trademarks do. They trademark the word in a particular context, in this context mobile games, so they can go after clones. In the same way, Microsoft has the trademark for Windows but Bill Gates doesn't walk house to house throwing rocks at them with legal impunity.
The article says the trademark covers its use in clothing as well.

Edit: looks like its already been pointed out already
 
1.) Apple Legal is not "going after" anyone. Based on this article, they sent an e-mail to companies who have been accused by King.com of having an infringing trademark. They may well feel legally obligated to comply with complaints so that, should a trademark claim be filed successfully, they aren't be seen as actively participating and/or protecting trademark infringers, particularly as they will have received some portion of the profits from said accused infringers. This is the same thing you see with Youtube and their intellectual property complaints. Apple is covering their legal butts, and the idea that their legal department is "complicit" is an angle the writer of this article has invented.

2.) The patent and trademark office approves all kinds of intellectual property. Generic terms are not supposed to be protected, and this would be a likely successful defense in court. (Especially since this appears to be just the word "Candy" and not a matter of additional words or "trade dress".) The the office is overly generous with their allowances. Why? I would guess it's because they're overburdened to a ridiculous degree, and that probably leads to a lack of vigilance when it comes to matters like this. Unfortunately, the courts are likewise intensely overburdened with these kinds of claims. It's a very bad system right now, and very little is being done to reform it.
 

10k

Banned
That's not what trademarks do. They trademark the word in a particular context, in this context mobile games, so they can go after clones. In the same way, Microsoft has the trademark for Windows but Bill Gates doesn't walk house to house throwing rocks at them with legal impunity.
Hahahahah I just pictured bill gates chucking rocks at people's windows saying "Trademarked bitch! What are you gonna do?"
 

Village

Member
What would happen if you tried to trademark the word "trademark"?

WpcjUA6.jpg


Don't do it.
 

Steel

Banned
So if there was a candyland boardgame mobile game on the apple store, the maker is going to get sued? Wow.
 

-COOLIO-

The Everyman
cadbury tries to trademark the color purple for chocolate wrappers.

king tries to trademark the word candy in videogame titles.

someone please fix this stupid system.
 

Voror

Member
There goes my hopes for a full fledged Candy Land video game. It could have been amazing.

As someone said, it's silly that common words like that can be trademarked. It's just like that Edge thing.
 
D

Deleted member 1235

Unconfirmed Member
Common use words shouldn't be able to be trademarked in this way.

they can't in europe, this is an oddity of the US patent system.

^according to my friend who works at the EU patent office, I wouldn't have any clue how to research that myself, nor would I, because it sounds terribly boring to do.
 

Damaniel

Banned
All Candy Casino Slots – Jewel Craze Connect: Big Blast Mania Land​

wow.

This name is obviously keyword spam (to try and get into search results for more popular games), but that's still no excuse for King to apply for (and receive) a trademark on the word 'candy'.

I always thought they were a little evil, but I guess I underestimated.
 

Dali

Member
They would be very hard pressed to enforce it against unrelated clothing products. A lot of entertainment trademarks extend to merchandise in this way.
Well naturally. The article states since it's such a common word it wouldn't be open and shut infringement even when used in games. I as well as others just pointed that out because of your instant dismissal of the idea lingerie or clothing wouldn't be affected.
 

Osiris

I permanently banned my 6 year old daughter from using the PS4 for mistakenly sending grief reports as it's too hard to watch or talk to her
It's a tough one. Neither the rampant plagiarism prevalent in the App Store nor overly-broad patents like this are helping anyone. There's a happy medium to be found somewhere.


This.

King are being ridiculous, and I expect an 'Edge' style blowback for them if they proceed.

But the counterpoint to this is the fact that some of the most obvious "passing off" examples on the App Store and Google Play deserve an equal amount of kicking and blowback is also true.

A happy medium will emerge as the market matures, the current no holds barred gold rush, 'no rules apply' aspect of the mobile market has to be curtailed.

But this isn't the way to do it.
 

Dr. Kaos

Banned
Errr...you DO know that "Apple" is trademarked as it relates to computers, right?

It may be ludicrous and shocking, but it's nothing new.
 

kulapik

Member
I'm going to make myself a developer so I can make a game called Candy Edge. Go get me.

On topic, fuck this, I might delete the game for this reason.
It totally has nothing to do with the fact that I'm stuck at level 88 ;_;
 

StayDead

Member
Trademarking words is such a stupid concept. I really have no idea why the system bent over backwards to allow people to do this sort of thing. All it does is hurt people who don't have huge amounts of money to throw at issues while yet again benefitting big organisations.
 
Top Bottom