The Candy Wars

Game publisher, King, the maker of Candy Crush Saga, has successfully trademarked the word “Candy” and “Saga” in Europe. They have also already filed for the trademark with the U.S. Trademark Office among a firestorm of publicity and protests among smaller game developers. Despite posting an open letter to the intellectual property community simultaneously apologizing, explaining, and defending its intellectual property strategy, King has already begun sending cease-and-desist letters to other developers using those words in their games, even if the game is not candy-related. Stoic, the maker of Banner Saga, a popular Viking-themed role-playing game, has already received one.

In response to what some call King’s bullying, a peaceful protest has been assembled among smaller developers. Independent game distributor itch.io has organized what they have dubbed a “hackathon” because “trademarking common words is ridiculous.” As such, they have encouraged and called on smaller developers to create and release as many candy-related games involving candies and to consider using the word candy several times in said games.

So far, it appears that the “hackathon” is a success, as the Apple App Store has been bombarded with more than 100 hastily prepared titles with titles such as CAN D, ThisGameisNotAboutCandy, CanDieCanDieCanDie, and Candy_Game (“Press to hear Candy.”).

Sources: http://appleinsider.com/articles/14/01/31/developers-protest-candy-crush-makers-candy-trademark-with-hackathon http://www.engadget.com/2014/01/31/apple-bombarded-with-candy-themed-games-in-trademark-protest/

For more information on this topic, please visit our trademark law service page.

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  Additional information about the IP law firm and its IP law attorneys may be found at www.klemchuk.com.

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LawDarin M. KlemchukComment