Tetris trademark

Started by kevincentius, June 05, 2011, 05:28:23 PM

Previous topic - Next topic

Rosti_LFC

Quote from: caffeine
More interesting is that recently they've been buying out fangames when they could've just shut them down legally. Apparently this is done to look less evil. They did this when they first launched their Facebook app and also did it with that one clone that was near the top of Google's search results.
"done to look less evil" is a bit wide of the mark IMO.

It's part of it, but ultimately because they don't stand to gain a huge deal by shutting those things down. All they'll generate is hate feedback and they probably won't generate a huge amount of long-term revenue. Meanwhile they can probably use the threat of a lawsuit to buy out the games pretty damn cheaply (because given the choice between a lawsuit or a bit of cash, even if it's less than what the game is currently pulling in, I reckon most people would choose the latter) and then make money off of the crappy fan games instead.

It does help their image, but I think their decision is based more in common business sense than it is purely in trying to look less evil.

coolmaninsano

Really, it's a matter of this.

Paradox

#17
[!--quoteo--][div class=\\\'quotetop\\\']QUOTE[/div][div class=\\\'quotemain\\\'][!--quotec--]Paradox, you didn't read the news article?  [/quote]

I knew sort of what happened I was just wondering why blockles had to close down if they weren't doing anything illegal. Kitaru said they settled, meaning they didn't want to deal with it? or maybe they didn't have enough money to deal with it like Xael says.

Everyone seems to have a different opinion so I have no clue still.
[!--ImageUrlBegin--][a href=\\\"http://oi46.tinypic.com/2zqx63k.jpg\\\" target=\\\"_new\\\"][!--ImageUrlEBegin--][img width=\\\"400\\\" class=\\\"attach\\\" src=\\\"http://oi46.tinypic.com/2zqx63k.jpg\\\" border=\\\'0\\\' alt=\\\"IPB Image\\\" /][!--ImageUrlEnd--][/a][!--ImageUrlEEnd--]

Kitaru

Quote from: Paradoxor maybe they didn't have enough money to deal with it like Xael says.

Most likely.
<a href=http://backloggery.com/kitaru><img src="http://backloggery.com/kitaru/sig.gif" border='0' alt="My Backloggery" /></a>

zaphod77

They saw the writing on the wall and knew they would lose, and so they settled.

When the game's creator admitted they were trying to clone hangame, and they say stuff like "Want to play tetris multiplayer? Try Blockles!" they can't expect to win.  While many of the claims of TTC were ludicrous, (claiming infringement on the T mino?!?!)  there was enough that did have merit, and Biosocia knew it.

Hangame was bought up before the initiative of buying popular clones. Hangame got a pass because it was literally the korean national online tetris, and so they really had no choice in the matter.  However, they brought it into compliance with the guideline when they did this.

And actually, i believe it was taken down first, then brought back up by popular demand.

kevincentius

oh.. thanks for the replies ^^

[!--quoteo--][div class=\\\'quotetop\\\']QUOTE[/div][div class=\\\'quotemain\\\'][!--quotec--]Blockles got sued because they were a stunning example of bad faith and they knew it. really, they brought it on themselves. They cloned the old hangame and tried to change JUST enough to not be sued and slung the tetris trademark around like it was a frisbee. They were asking for it.
[/quote]

I don't really get it, so how about games like Nullpomino & Cultris? I mean, they didn't get any problem right? Or can they actually be, but TTC just doesn't want/haven't done that yet?

I have never learned about licenses, copyright etc so I just don't understand ^^

Nik

#21
The tetris company has a copyright on the sourcecode of the game and  as far as I know on some of its soundeffects and music. And they obtained trademarks for the tetris logo and the name "Tetris". None of those things is used in Cultris.

The mechanics of the game, ie the shapes and that you have to complete a line to clear it, those were once patentable. However, because they never were patented (and even if Pajitnov had patented Tetris at the time of its invention, his patent rights would long have expired) you can freely use the concept.

I suppose you could get into trouble if you start using the name Tetris to get attention for your game and if your game is extremely similar in its layout and colorscheme to one of the "offical" games (the whole "trade dress" argument).

caffeine

#22
Quote from: Nik
The tetris company has a copyright on the sourcecode of the game and  as far as I know on some of its soundeffects and music. And they obtained trademarks for the tetris logo and the name "Tetris". None of those things is used in Cultris.

That may be true for Cultris, as you guys aren't from the USA. However, other fan game developers might want to educate themselves about trademark laws in more detail:

[!--quoteo--][div class=\\\'quotetop\\\']QUOTE[/div][div class=\\\'quotemain\\\'][!--quotec--]Lately, the Trademark Dilution Revision Act of 2006, or H.R. 683, was signed into law. H.R. 683 overturned the Supreme Court decision in Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003). Moseley held the plaintiff needed to prove actual dilution under the Federal Trademark Dilution Act ("FTDA"). The new law revises the FTDA so that the plaintiff only needs to show the defendant's mark is likely to cause dilution.[5] However, the revision also reduced the Universe of marks falling under its protection, requiring that marks be nationally well known to qualify for protection from dilution.

For example, when Wolfe's Borough Coffee, Inc., a New Hampshire-based coffee company, sold its coffee under the trademarks that included the words “Charbucks Blend” and "Mr. Charbucks," Starbucks Corporation sued, claiming that the use of the word “Charbucks” diluted the “Starbucks” mark by both blurring and tarnishment. The Second Circuit Court of Appeals decided[6] that marks need not be “substantially similar” under the FTDA for dilution to occur when other factors supporting a finding of dilution, such as the distinctiveness of the famous mark and the degree of its recognition, were present. In its decision, the court found that these other factors may be sufficient to support a dilution claim and remanded the case to the district court in order to determine whether dilution had in fact occurred.[7]

- Wikipedia[/quote]

It's definitely a good idea to choose a name that doesn't sound anything like Tetris, and that means no -tris and no -tetri.

tepples

Which is sort of why I chose the name "Lockjaw": zero letters in common with "Tetris".

At this point, what worry me most are the specific Guideline colors.

kevincentius

O.

It does make a lot of sense to me now.
I was wondering... imagine if games like Cultris ever get problems due to Tetris trademark... the trademark would be really annoying for sure.
Glad to read things here  because some tetris clones are just better than the ones from TTC (at least on PC)



Paul676

               Tetris Belts!

keyn

Quote from: Paul676
tetristime...
Yeah that is one of the worst clone names one could come up with.
Best 40L: 34.18 seconds (May 15, 2011)

perfectclear

tetris time has a legal on the bottom stating "
Copyright © 2011 tetristime.com. All Rights Reserved. Joomla! is Free Software released under the GNU/GPL License.
This site is in no way affiliated with the Tetris company. The game on tetristime.com is not called "Tetris"." but the tab that it is on is called "play tetris"

Lol xD

Paradox

Quote from: perfectclear
This site is in no way affiliated with the Tetris company. The game on tetristime.com is not called "Tetris"." but the tab that it is on is called "play tetris"

Lol xD

exactly, it says play tetris. the ads on tetristime all point to official tetris games. Hes helping the company out I say
[!--ImageUrlBegin--][a href=\\\"http://oi46.tinypic.com/2zqx63k.jpg\\\" target=\\\"_new\\\"][!--ImageUrlEBegin--][img width=\\\"400\\\" class=\\\"attach\\\" src=\\\"http://oi46.tinypic.com/2zqx63k.jpg\\\" border=\\\'0\\\' alt=\\\"IPB Image\\\" /][!--ImageUrlEnd--][/a][!--ImageUrlEEnd--]

Paul676

               Tetris Belts!