Cyberpunk 2077 Trademark confusion.

[Capricorn Anomaly]

So CDPR trademarked the word Cyberpunk, and I figured it just applies to video games. But apparently they trademarked the name into other fields. So you can't use it for a game, a book, music albums, etc.

But then I noticed that the artist Billy Idol has an album titled "Cyberpunk", but he put that out in 1993 I think, so would he get into trouble for such a thing? Excuse my ignorance, but all of this just sounds ridiculous, unless of course I'm misunderstanding something here?

Seeing as it's a common english word, this just seems a bit silly.

[Danksama]

Originally posted by Enigmatic One:

So CDPR trademarked the word Cyberpunk, and I figured it just applies to video games. But apparently they trademarked the name into other fields. So you can't use it for a game, a book, music albums, etc.

But then I noticed that the artist Billy Idol has an album titled "Cyberpunk", but he put that out in 1993 I think, so would he get into trouble for such a thing? Excuse my ignorance, but all of this just sounds ridiculous, unless of course I'm misunderstanding something here?

It doesn't work retroactively.

[iza]

https://mobile.twitter.com/CDPROJEKTRED/status/850022540042960896/photo/1

Sorry not on my computer.

[Mivo]

Cyberpunk is a whole book genre (sub-genre of scifi) since long before the RPG systems of the same name. Trademarks are typically very specific. Iza's link above explains it.

https://en.wikipedia.org/wiki/Cyberpunk

[Aetheria]

"A registered trademark does not prohibit from using the word ‘CYBERPUNK’ if it’s not used in the course of business (e.g. branding, advertising etc.)"

So if I understand that right, if someone create a Cyberpunk game, it's alright to use the word Cyberpunk in the description of the game itself, but it's not okay if the word is actually used for branding or advertising the game?
Like for example, if when running ads the dev write "Random Title, a Cyberpunk game" to brand his game, he could get in trouble?

[MancSoulja]

Originally posted by Dysphobia:

"A registered trademark does not prohibit from using the word ‘CYBERPUNK’ if it’s not used in the course of business (e.g. branding, advertising etc.)"

So if I understand that right, if someone create a Cyberpunk game, it's alright to use the word Cyberpunk in the description of the game itself, but not it's not okay if the word is actually used for branding or advertising the game?
Like for example, if when running ads the dev write "Random Title, a Cyberpunk game" to brand his game, he could get in trouble?

No that's using it as a descriptive word. Cyberpunk is still a genre. That's like saying you can't say your flying game is set in the sky because SKY TV owns the trademark.

[Mivo]

Originally posted by Dysphobia:

Like for example, if when running ads the dev write "Random Title, a Cyberpunk game" to brand his game, he could get in trouble?

No, probably not. Cyberpunk is a genre that has existed for decades, so I am very doubtful that the use in your example could successfully be prohibited. It would be different if the game was called "Cyberpunk 2310" or "Cyberpunk Nation", though (although I'm not sure the second title couldn't be defended legally, but nobody would likely try this now anyway).

[Spawn of Totoro]

They may be able to trademark "Cyberpunk 2077" as a whole, along with how it is written with the artistic style, but they can't copyright "Cyberpunk" it's self as it is a commonly used word used to describe something.

As long as art style changes and more is added to it, it can still be used. For example "Cyberpunk: Killer Robots" with a different style to it is still useable, even for games.

As the term Cyberpunk was already in use by many (even as a name or title) it can't be trademarked in and of it's self.

An example of another, similar trademark issue:
https://www.vox.com/culture/2018/5/15/17339578/cockygate-explained-romance-publishing-faleena-hopkins

[Burgerpunk 2020]

Originally posted by Spawn of Totoro:

They may be able to trademark "Cyberpunk 2077" as a whole, along with how it is written with the artistic style, but they can't copyright "Cyberpunk" it's self as it is a commonly used word used to describe something.

Scrolls.

[ModernSamurai]

Really? Haven't heard of something like this before. Cyberpunk is a sub-genre of science fiction. They can't trademark a genre. It seems impossible. (Maybe a special spelling of cyberpunk? like cyber_punk or something? IDK).

[Plaid]

Eh, Rebellion did it against Stardock.

I don't know the verdict of that case

[Mivo]

Okay, I looked this up.

In the US, there are currently three active trademarks containing "Cyberpunk". Two of them (which are related to each other) are for the term "Cyberpunk". The older one from 2011 is limited to "Roleplaying Games" (probably meaning pen'n'paper ones), and the second one belongs to CDPR. The "goods and services" section for it states:

"Computer and video game software for use on mobile wireless devices, namely, mobile and cellular phones, smartphones, personal digital assistants (PDAs), portable media players, tablet computers and calculators; Pre-recorded audio discs and audio tapes featuring music. Novels; role-playing game book; magazines in the fields of science fiction, fantasy, technology, horror, action and adventure, music and games; trading cards; book covers. Collectible card games; playing pieces in the nature of miniature action figures for use with table top board and card role-playing games, paper party hats."

So this is relatively extensive. This means they could try to use their trademark offensively if someone puts "cyberpunk" in their games' title and possibly description. They said they won't, and that's credible because they are mindful of their reputation, but legally they could do so. Whether or not this could be challenged, I don't know. It's probably expensive to find out. (That they got a trademark that also applies to novels is surprising to me.)

CDPR also registered a trademark specifically for "Cyberpunk 2077", which is much more extensive and includes everything, right down to sweatshirts and mouse pads. :)

You can search for "cyberpunk" and pull up the details here[tmsearch.uspto.gov].

[pants]

Originally posted by iza:

https://mobile.twitter.com/CDPROJEKTRED/status/850022540042960896/photo/1

Sorry not on my computer.

Cheers for this,

Yours,
Someone who reads things and thanks posters

[Spawn of Totoro]

Originally posted by Reployer:

Scrolls.

That was settled out of court and never finalized one way or the other.

Originally posted by Plaid:

Eh, Rebellion did it against Stardock.

I don't know the verdict of that case

What I have read seems to indicate that Stardock won... in the US. They were also sued by Rebellion in other countries over the same matter. Those I can't seem to find information on.

[Yarbles]

Originally posted by Spawn of Totoro:

They may be able to trademark "Cyberpunk 2077" as a whole, along with how it is written with the artistic style, but they can't copyright "Cyberpunk" it's self as it is a commonly used word used to describe something.

Trademark is not a Copyright. Trademark protects the word or symbol. Copyright protects the artistic work involved. Pop out software named Steam using comic sans in rainbow colors and you'll find yourself smashed into oblivion. Design does not matter. The generic, commonly used word is on lock. Hell, Apple owns the word sand.

[Moderate my posterior.]

Originally posted by Spawn of Totoro:

Originally posted by Reployer:

Scrolls.

That was settled out of court and never finalized one way or the other.

Originally posted by Plaid:

Eh, Rebellion did it against Stardock.

I don't know the verdict of that case

What I have read seems to indicate that Stardock won... in the US. They were also sued by Rebellion in other countries over the same matter. Those I can't seem to find information on.

They lost in canada and the uk as well