I think its funny how they put TM (for Trade Mark) next to the name...

[Sasuga]

You can't trade mark a name like "Gauntlet", that would be like trade marking, "Helmet" or "Armor" or "Shoe". LoL

[Dbomb123]

You are wrong...


http://tsdr.uspto.gov/#caseNumber=74414203&caseType=SERIAL_NO&searchType=statusSearch

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:izqrt0.3.23



NOT A LAWYER DISCLAIMER:
But, you can get limited protection for some generic words when using them in a specific industry. 'Gauntlet' is a perfectly valid thing to trademark for 'computer programs for video games'.

Their trademark could stop others from other games using 'gauntlet' as part of the title, but would not stop a paint manufacturer from using it to name a paint or other product.

A recentish example that backs this up is the failed attempt by Bethesda to stop a game called 'scrolls' from being published because they claimed it violated their trademark for 'The Elder Scrolls'.

[Shadowspaz]

Originally posted by Dbomb123:

A recentish example that backs this up is the failed attempt by Bethesda to stop a game called 'scrolls' from being published because they claimed it violated their trademark for 'The Elder Scrolls'.

Ha! I remember that. It's crazy how picky businesses get with things like that... But I guess, if you can make a lawsuit out of it, that means more money, which is typically the goal for businesses... Oh well. Funny stuff.

[Sasuga]

Do you know how many books there are with the same names? Unrelated movies with the same names?

If anyone would sue over a name, it would be the movie industry.

[Charles]

Trademarks and copyright symbols make me wish I could rename the games in my Steam library.

[SkullTrauma]

Originally posted by Gorilla Warfare:

Trademarks and copyright symbols make me wish I could rename the games in my Steam library.

you can, but they tend to change back when steam updates. open steam/appcache/appinfo.vdf with notepad++ and you can edit as you like.

[Dbomb123]

Originally posted by Sasuga:

Do you know how many books there are with the same names? Unrelated movies with the same names?

If anyone would sue over a name, it would be the movie industry.

USA patent/trademark office rejects most single title movie names for trademark. Some exceptions exist like 'Star Wars'.

The MPAA also runs its own movie title registration process for its members, which is why we do not see trademark issues like this happen with Hollywood.


Video games are technically computer software programs which actually have a long history of trademark issues/disputes. This stems from how easy it is to create/publish new software in a way that can confuse consumers with clever branding. Remeber the makes of CandyCrush trying to sue everyone for using the word 'Candy' in their game names?

[Sasuga]

I don't recall that, but did CandyCrush win?

[Dbomb123]

Originally posted by Sasuga:

I don't recall that, but did CandyCrush win?

I lost interest in the case shortly after it was announced, but IIRC they settled.

[FL33TWOOD]

"Gauntlet" TM is combination of the word/Font, similar to "Apple."

A trademark can be a word, phrase, symbol, or design that distinguishes the source of the goods or services. Also, as trade dress, it can be the appearance of a product or its packaging, including size, shape, color, texture, graphics, and appearance (e.g, retail store or website).

[Adventure Square]

Trademark law says you can't make confusing competing products, basically. If I made a Gauntlet 3, they could probably suggest I was being confusing in a court of law. Especially if it was a similar sounding game concept.

I can still market a window-cleaning product called Gauntlet.

I could (proably) also make a game called "The Gauntlet of Lord Whatshisface" with a prominent picture of a mailed fist on the cover in the turn-based RPG segment.

Trademarks don't mean you own the word, they mean you are using the term as an identifier of a product/brand/etc. Others are supposed to be prevented from using confusingly similar product names / trade presentation etc.

Now for the practical side, it's largely about who can waste who's time in court. You need a minimum of legal plausibility here, so the laws are relevant. But if you have orders of magnitude more money (Candy Crusher) then you don't necessarily need much to get other people to do what you want.

[bean]

I am surprised that no one has mentioned the fact that arrowhead has to use the TM as it is not their IP.

[LegateLaurie]

Originally posted by Sasuga:

You can't trade mark a name like "Gauntlet", that would be like trade marking, "Helmet" or "Armor" or "Shoe". LoL

sorry but LoL is also trade marked/copy righted as a abriviation of league of legends

[Merlin]

Intellectual property is property if you didn't know.