Can We Get A Few Morons In A Hurry Over To Skywalker Ranch?

from the pretty-quickly-please dept

Once again, it appears we've found a situation where our favorite trademark test should be used. As has been stated way too many times, the purpose of a trademark is simply to avoid customer confusion over two similarly named products in the same space. As such, the perfect legal test for some of the more bizarre trademark infringement claims is whether or not a "moron in a hurry" would confuse the two. Well, we'd like to send a few morons in a hurry up to the Skywalker Ranch (or, at least, the Presidio) to see what they think of Lucasfilm's latest complaint that Digg's trademark on "Digg" is too similar to Lucasfilm's trademark on "The Dig," which apparently is some video game from 1994 that few of us have ever heard about, let alone played. The idea that anyone would confuse the two things is somewhat ridiculous. And, before someone points out that to protect a trademark you have to defend it, that doesn't mean defending it in cases where it obviously has no bearing, and it's hard to see why the trademark on a 13-year-old game no one plays any more is worth the lawyer's time defending. Perhaps it's just an attempt to get the game some more attention in a bizarre reverse Streisand Effect.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    TheDock22, Feb 22nd, 2007 @ 3:51pm

    Silly Publicity Stunts

    The Dig and Digg's, sheesh. They aren't even spelled the same for crying out loud!

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    CDH, Feb 22nd, 2007 @ 4:22pm

    I played it

    I could care less about the trademark dispute, but I will say that The Dig was definitely a fun game :)

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous Coward, Feb 22nd, 2007 @ 4:29pm

    heart

    "which apparently is some video game from 1994 that few of us have ever heart about"

    You're right, I certainly don't heart it, I haven't even heard about it!

     

    reply to this | link to this | view in thread ]

  4.  
    identicon
    SpaceColony, Feb 22nd, 2007 @ 4:32pm

    Sad Really..

    The Dig was, and still is, an awesome adventure game - truly worth looking into. Sadly it seems that these days there really is little market for adventure games of the sort.
    What I find more interesting is that after neglecting both the genera and their existing titles - in the genera - for so long they now come up with this. And although I have not done any digging recently to see if anything new is in the works I recall that The Dig had a solid ending. I doubt that they are preparing to add to the story now.

    Ahh, good memories. I think I will go load up ScummVM and play it again.

     

    reply to this | link to this | view in thread ]

  5.  
    icon
    Nick D (profile), Feb 22nd, 2007 @ 4:33pm

    UPDATE!!! This has turned into a class action suit! It is being joined by shovels around the world!

     

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Xanius, Feb 22nd, 2007 @ 5:11pm

    Re: I played it

    It's good that you could care less about it. It shows that you care. I however couldn't care less, I'm upset with George for not letting us get our hands on the starwars christmas special.

     

    reply to this | link to this | view in thread ]

  7.  
    identicon
    cjmemay, Feb 22nd, 2007 @ 5:12pm

    WTF are they talking about?

    Am I out of my mind or do those 2 logos not even look REMOTELY similar!

    WTF?!?

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    MoFinWiley, Feb 22nd, 2007 @ 5:16pm

    LOL

    HAHAHAHA "I can't use these two things togehter"

    my friends and I STILL use that line from "The Dig"

    Great game

     

    reply to this | link to this | view in thread ]

  9.  
    identicon
    Adam, Feb 22nd, 2007 @ 5:18pm

    genre

    genre... it's genre...

    funetick speling FTW.


    genera reminds me of gonorrhea.

    /offtopic

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    KRamer, Feb 22nd, 2007 @ 6:29pm

    Hey Lucas

    F-off

     

    reply to this | link to this | view in thread ]

  11.  
    identicon
    Buzz, Feb 22nd, 2007 @ 6:36pm

    LOL

    I remember The Dig. Ironically, Digg's site never once made me think of that game. I hate stupid people.

     

    reply to this | link to this | view in thread ]

  12.  
    identicon
    yardape6, Feb 22nd, 2007 @ 6:46pm

    I loved that game. I have played it more times than I care to remember honestly. The game was truly one of the best adventure games in the 90's.

    All that aside, WTF Lucas! There is no way that anyone could mistake your 12 year old adventure game for a news aggregation site. I guarantee that this gets thrown out of court.

     

    reply to this | link to this | view in thread ]

  13.  
    identicon
    Jacob Buck, Feb 22nd, 2007 @ 6:57pm

    wait until the makers of dig dug hear about this.

     

    reply to this | link to this | view in thread ]

  14.  
    identicon
    The Swiss Cheese Monster, Feb 22nd, 2007 @ 7:02pm

    I think that whoever invented the game Digger should go after both parties.

     

    reply to this | link to this | view in thread ]

  15.  
    identicon
    FishBulb, Feb 22nd, 2007 @ 7:24pm

    Hey Namco? Wake up? DigDug?

    Hello?

    The Dig was awesome, as was just about any LucasArts Adventure game.

     

    reply to this | link to this | view in thread ]

  16.  
    identicon
    Spaceman, Feb 22nd, 2007 @ 7:37pm

    Who?

    Who the heck is Digg ????

     

    reply to this | link to this | view in thread ]

  17.  
    identicon
    Dirk, Feb 22nd, 2007 @ 8:00pm

    My exgf was named

    She earned that name because she like digging her fingers into a my butthole. Man I wish I knew where she is now.

     

    reply to this | link to this | view in thread ]

  18.  
    identicon
    Derek, Feb 22nd, 2007 @ 8:27pm

    Dig was one of the best adventure games

    Dig was one of the best adventure games of its time. Outstanding graphics (for that time), and one of the final LucasArts Adventure games in 2D.

    The Striesand Effect is working, I actually remembered the game after reading this, dug it up, and booted up the old 486 to play it.

    But i could never EVER confuse the two

     

    reply to this | link to this | view in thread ]

  19.  
    identicon
    ScytheNoire, Feb 23rd, 2007 @ 2:45am

    god damnit, can't we get one day without a stupid lawsuit. just one damn f'in day without another pathetically lame lawsuit. just one day. one f'in day! just one!

     

    reply to this | link to this | view in thread ]

  20.  
    identicon
    billy, Feb 23rd, 2007 @ 5:59am

    Re: #19

    No.
    Companies are stupid and greedy, that is all there is to it.

     

    reply to this | link to this | view in thread ]

  21.  
    identicon
    deirdre, Feb 23rd, 2007 @ 6:50am

    No time to say hello, goodbye

    I didn't have time to watch the whole movie, let alone leave a long comment about it, but I just watched the opening scene to Digg online and it looks like the most boring movie Lucasfilms has EVER made!

     

    reply to this | link to this | view in thread ]

  22.  
    identicon
    Nick Burns, Feb 23rd, 2007 @ 6:59am

    a wonderful game... DOS4GW!!!! w0000000000000t!

     

    reply to this | link to this | view in thread ]

  23.  
    identicon
    comboman, Feb 23rd, 2007 @ 7:11am

    In other news...

    In other news, Lucasfilm is suing everyone named Sam and Max. The residents of Monkey Island are said to be preparing for a class-action suit.

     

    reply to this | link to this | view in thread ]

  24.  
    identicon
    Moron, Feb 23rd, 2007 @ 10:49am

    I'll go...

    A-huh, I'll head on up there to that there Skywalker Ranch for ya!

     

    reply to this | link to this | view in thread ]

  25.  
    icon
    Syzygy (profile), Feb 23rd, 2007 @ 1:50pm

    Re: Sad Really..

    I loved The Dig as well, definitely one of the best games I played. The game also came with a book that followed a very similar storyline as the game (didn't reveal any solutions to the puzzles, heh). I was probably one of the few people that actually read the novel along with the game...

     

    reply to this | link to this | view in thread ]

  26.  
    identicon
    Anon-i-mouse, Feb 23rd, 2007 @ 2:10pm

    Digg-it!

    And then way back (in the 80's anyway) there was the game Dig-Dug. Lots of fun. This is all just soooo stoopid.

     

    reply to this | link to this | view in thread ]

  27.  
    identicon
    Anonymous Coward, Feb 23rd, 2007 @ 2:14pm

    Re: Re: I played it

    That's how yanks say it. It actually means the same as "I couldn't care less" but they lost the negative part of the saying somewhere along the line.

    Now, I agree it makes fuck all sense to someone who isn't American or knows american lingo.

     

    reply to this | link to this | view in thread ]

  28.  
    identicon
    slide2k, Mar 21st, 2007 @ 5:15am

    dig this

    I loved the Dig- it is a great game with an excellent story. The story was written by Orson Scott Card from Enders game- easily one of the best fiction writers alive today, and produced by Stephen Spielberg. I'm not saying that this article is wrong about Lucas getting overly protective of an old game, but just because you never played the Dig doesn't mean it wasn't a great game and a really popular game.

    On a related topic Orson Scott Card is currently writing and producing a new video game, so look forward to that- it's supposed to be pretty huge.

     

    reply to this | link to this | view in thread ]

  29.  
    identicon
    Game, Mar 3rd, 2009 @ 11:11am

    Re: In other news...

    Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game Game 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