• 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.

Killer Instinct trademark application/renewal refused by the USPTO

Hadoken? You just waltzed your way into another trademark infringement, buddy. See you in court.

Aggressors_of_Dark_Kombat_Cover.jpg


How did they get away with that?
 

abadguy

Banned
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.

You say that as if Killer Instinct was any good to begin with. Doubt it had anything to do with Kinect either, more than likely it was an HD re release for XBLA, like with Perfect Dark and Banjo.
 

olimpia84

Member
Screw that TV series, there's only one true KI out there and that's the fighting game.
Will buy a 720 day one if KI3 is announced by miracle
 
I don't even want a new game , i just want arcade perfect versions of KI1 and 2.

Exactly. No one is making a new KI, and there's not a single developer I'm aware of in the west that has the technical know-how to make a fighting game, (Netherealm doesn't count as they are locked into WB properties until the end of time)
 

Danny Dudekisser

I paid good money for this Dynex!
Exactly. No one is making a new KI, and there's not a single developer I'm aware of in the west that has the technical know-how to make a fighting game, (Netherealm doesn't count as they are locked into WB properties until the end of time)

I'd actually be on-board for arcade perfect ports of the original games. I don't think they're great by any stretch, but goddamn... the nostalgia. I used to fucking love these games back in the day. It's probably one of the best representations of 90's gaming culture out there.
 
there's not a single developer I'm aware of in the west that has the technical know-how to make a fighting game

That's a harsh statement to make.

Everyone has to start somewhere, you won't know unless you try, etc.

I certainly want more devs who have never made a traditional 2D fighter to attempt doing so. If the games aren't great, I don't play, and maybe we get something good out of it. no harm in trying.

(and you forgot Lab Zero)
 

Tess3ract

Banned
But Killer Instinct came out in the early 90s....

I hate all this corporate copyright shit. Jesus christ it needs to stop.
 

aaaaaa

Member
They can rename it all sorts of things. Here are some movie titles used to avoid trademark infringement: Disney's The Kid (to avoid the trademark of the Charlie Chaplin movie), Marvel's The Avengers (to avoid the trademark of the 60s TV series).

So they can rename it "Rare's Killer Instinct" or anything else they want, as long as the title isn't exactly the same.
 

border

Member
Here are some movie titles used to avoid trademark infringement: Disney's The Kid (to avoid the trademark of the Charlie Chaplin movie), Marvel's The Avengers (to avoid the trademark of the 60s TV series).

Let's not forget The Real Ghostbusters, changed to avoid the trademark of the awful cartoon that was actually a ripoff of the Ghostbusters film.
 

Kuro Madoushi

Unconfirmed Member
They can rename it all sorts of things. Here are some movie titles used to avoid trademark infringement: Disney's The Kid (to avoid the trademark of the Charlie Chaplin movie), Marvel's The Avengers (to avoid the trademark of the 60s TV series).

So they can rename it "Rare's Killer Instinct" or anything else they want, as long as the title isn't exactly the same.

Let's not forget The Real Ghostbusters, changed to avoid the trademark of the awful cartoon that was actually a ripoff of the Ghostbusters film.

That's debatable. If the original mark owners wanted to, they could definitely argue that it's too similar.
 

border

Member
That's debatable. If the original mark owners wanted to, they could definitely argue that it's too similar.

If Microsoft went ahead with The Real Killer Instinct or Rare's Killer Instinct, I think it's probably debatable whether or not FOX would actually do anything. And even if they did, they'd quickly reach some meager out-of-court settlement like other companies did with the EDGE trademark troll. Unlike Tim Langdell, FOX does not make all their money off of defending a ridiculously broad trademark so I don't think they have much motivation to really fight over the issue. Plus you can make a pretty good case that they've abandoned the trademark anyway.

I think the problem is that Microsoft doesn't want to deal with licensing and trademark issues over an HD port on XBLA that would be lucky to sell 50,000 copies. But they could probably market an XBLA title as a "Rare Mega Collection" than includes KI & KI2, and maybe throw in the HD Banjo Kazooie/Perfect Dark ports.....not sure if that would hold up in court or not.

If Microsoft were serious about making a legitimate new KI game they might explore the trademark issue further, but I doubt they are really looking to add any fighting games to their first-party portfolio. They've killed off entire development studios that specialized in far more popular genres like strategy (Ensemble) and FPS (FASA) so I'm not sure why they would ever bankroll a new Killer Instinct. I think at this point fighting games need to be multiplatform if they want to turn a profit (aside from Smash Brothers, which is able to rely on massive support from Nintendo fanatics).
 
If Microsoft went ahead with The Real Killer Instinct or Rare's Killer Instinct, I think it's probably debatable whether or not FOX would actually do anything. And even if they did, they'd quickly reach some meager out-of-court settlement like other companies did with the EDGE trademark troll. Unlike Tim Langdell, FOX does not make all their money off of defending a ridiculously broad trademark so I don't think they have much motivation to really fight over the issue. Plus you can make a pretty good case that they've abandoned the trademark anyway.

I think the problem is that Microsoft doesn't want to deal with licensing and trademark issues over an HD port on XBLA that would be lucky to sell 50,000 copies. But they could probably market an XBLA title as a "Rare Mega Collection" than includes KI & KI2, and maybe throw in the HD Banjo Kazooie/Perfect Dark ports.....not sure if that would hold up in court or not.

If Microsoft were serious about making a legitimate new KI game they might explore the trademark issue further, but I doubt they are really looking to add any fighting games to their first-party portfolio. They've killed off entire development studios that specialized in far more popular genres like strategy (Ensemble) and FPS (FASA) so I'm not sure why they would ever bankroll a new Killer Instinct. I think at this point fighting games need to be multiplatform if they want to turn a profit (aside from Smash Brothers, which is able to rely on massive support from Nintendo fanatics).
I think it would sell way more than 50,000. PD XBLA has sold over 450,000 and I would guess KI is more well known.
 

bumpkin

Member
I was scrolling through my cable box's guide late last night and saw "Killer Instinct" in the TV listings and snarled a little bit... Stupid patent shit. I want KI. :(
 

BJWanlund

Member
From the Joystiq story about a month ago on this:

"In short, this means ... more or less nothing," Methenitis told us when asked if there was more to the rejection. "It's just an office action; they happen on lots of trademark applications, and is not by any means the final say on the application. It just means that Microsoft has to provide more evidence to overcome their objection to move forward with the application."

He continued, "All things considered, I would imagine that Microsoft has a pretty strong position reverting back to the previous Killer Instinct games, which far predate the Fox filing, and moreover, there's no evidence of actual confusion between that show and the game."
 
Top Bottom