Putt-Putt Fails To Comprehend User-Generated Content, Sends C&D To Mojang Over Mini Golf Games Recreated With Minecraft
from the those-protecting-the-brand-seem-least-capable-of-the-position dept
I suppose kids staying indoors playing their video games and zoning out to a steady stream of YouTube videos and social media streams has had a slightly deleterious effect on mini-golf giant Putt-Putt’s fortunes. That theoretical downturn might explain the cease-and-desist letter sent to Mojang, the company behind Minecraft, threatening to sue the developer if tons of user-generated content doesn’t just up and vanish from the web.
Putt-Putt, the entity behind the chain of miniature golf courses so prevalent that its name has practically become synonymous with the hobby, is threatening to sue Minecraft developer Mojang over user-generated levels that allegedly infringe upon the “Putt-Putt” name.
Minecraft creator Markus “Notch” Persson released the cease-and-desist letter on Twitter along with the musing, “Putt-Putt being silly.”
“It has recently come to our attention that Mojang AB has been using, without authorization our famous Putt-Putt trademarks in connection with your business,” said the letter. “We feel that Mojang AB’s use of of the Putt-Putt name has benefited Mojang AB to the detriment of Putt-Putt.”
Putt Putt offered the following screenshot as “proof” of Mojang’s wrongdoing.
The President and CEO of Putt Putt, David Callahan, threatens to “refer this matter to our legal counsel” and “seek damages of a reasonable royalty for Mojang AB’s past infringing use.” Hopefully, Putt Putt’s legal counsel will save Callahan a bit of money by explaining user-generated content to him. Mojang didn’t create the Putt Putt “knockoffs,” nor, in a majority of these cases, does it even host the servers where the content is contained. (Mojang only began offering hosting in May of 2013.)
Putt-Putt’s move makes no sense, as Alex Chapman, a lawyer contacted by Eurogamer points out:
“Mojang doesn’t control what users build and Mojang doesn’t control the content of the videos users make. Suing Mojang for what people do using Minecraft is like suing Microsoft for what people do using Word.”
If Putt-Putt seriously wants to make this content vanish (and protect the brand), it will have to go after individual users, something not known for its cost-effectiveness or PR value. Sony spent some time killing off “infringing” user generated content crafted by fans of the M-rated E-rated LittleBigPlanet series, but it failed to net the beleaguered company much more than additional scorn to throw on top of the pile of scorn it had already amassed due to previous assaults on its customers.
Mojang isn’t complying with this C&D simply because there’s nothing for it to comply with. The deadline was July 10th, so hopefully we won’t have to wait too long to see if Putt-Putt managed to find counsel willing to pursue Callahan’s folly.
Filed Under: minecraft, minigolf, notch, putt putt, trademark, user generated content
Companies: mojang, putt putt
Comments on “Putt-Putt Fails To Comprehend User-Generated Content, Sends C&D To Mojang Over Mini Golf Games Recreated With Minecraft”
Cease and Desist
Mojang/Notch should send a cease and desist letter to Putt-Putt asking them to stop putting up content which promotes their brand using Minecraft to create the content.
Clearly Putt-Putt are using Minecraft and the associated brand to get online users interested in Minigolf and trying to build an association using the Minecraft brand without compensating Mojang.
“It has recently come to our attention that Putt-Putt has been using, without authorization our famous Minecraft trademarks in connection with your business,” said the letter. “We feel that Putt-Putts’s use of of the Minecraft name has benefited Putt-Putt to the detriment of Minecraft.”
Re: Cease and Desist
That would be an epic response. Have my insightful vote.
Re: Cease and Desist
You joke, but if Putt Putt was truly innovative and forward thinking, it would have long ago created its own branded Minecraft mini-golf courses.
If someone in the company had thought to do it, they’d have been promoted. But when someone outside thinks to do it, it’s sue time!
Re: Cease and Desist
I agree, an epic response. Got insightful AND funny from me.
Maybe…I heard someplace that any publicity is good publicity.
As noted by more than a few below, the ‘trademark’ is conflated with either the actual physical game as in “let’s go play some putt putt golf”, or they had never heard of it at all.
Holy crap, there are mini-golf mods? Must have.
Thanks, Putt-Putt, for alerting me.
If ppl could sue for user generated content I’d sue Mike for allowing retardation from the likes of ootb, bob and aj =/
Ahem. They should be THRILLED their brand is so remembered by the kids. I mean, mini-golf is kind of dorky and not the type of thing kids would love… (my own opinion lmao)
Re: Re:
They are getting free publicity with Mods. I think part of the problem is the proliforation of entertainment and social media has reduced the time spent on other activities. Putt-Putt is not only competing against other outdoor activities but social media, computer gaming, and the Internet. Money and more importantly time spent on these newer activities can not be spent on Putt-Putt.
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Yeah but you see, they can insert themselves on the internet, games and stuff. It’s all about seizing the opportunity. Why not partner with Mojang and do some advertising?
‘ like suing Microsoft for what people do using Word.’
but Google is constantly having to remove links from it’s search, but doesn’t put the sites on the web. the third party business seems to come into play, or be left out, depending on who wants what
Re: Re:
Google is digging its own hole there.
Re: Re:
It doesn’t have to do this. It chooses to do this.
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I think you will see something else if they actually removed the option. Something along the line of hefty fines in certain countries and massive regulative capture from the copyright industry in the rest of the western world to force Google to reintroduce the feature.
Re: Re: Re: Re:
Perhaps, but that would be a change in the law. Currently, Google is not required to do what it’s doing.
Re: Re:
“…is like suing Microsoft for what people do using Word.”
Light. Bulb.
Please, oh please let them have found counsel willing to take their money. I could use a good laugh over some copyright troll smack-down.
Re: Re:
indeed, it would be doubly-amusing to see this formulated as a copyright lawsuit, given that it’s alleged trademark infringement 😛
Re: Re:
What are righthaven’s lawyers up to these days?
Re: Re:
I think John Steele would be up to the task, that is if his porno career is finally over…
Starts warming up popcorn maker
Re: Re:
I wonder if Notch will challenge them to a game of Quake III…
Free Advertising
The analogy with MS Word is a bit off. It should read, “…like suing Microsoft for people making advertisements for your product using Word.”
The reasonable response here would be to make better quality resources available to people who want to build Minecraft Putt-Putt courses. Give them graphical assets that go with the image you want to project and invite them to your company web page to find those assets.
Re: Free Advertising
Or create those assets yourself, since obviously people are interested in them.
Based on this logic, it's time for Putt-Putt to send a C&D to LEGO
“Proof” of infringement:
http://www.google.com/search?q=lego+putt+putt+youtube
Re: Based on this logic, it's time for Putt-Putt to send a C&D to LEGO
What, Lego and putt-putt merged? Awesome!
Re: Re: Based on this logic, it's time for Putt-Putt to send a C&D to LEGO
Here is the extremely short documentary showing the merger, and subsequent dissolution.
Aforementioned merger only lasted for a very short time: 1 minute 8 seconds.
I believe (based solely on the audio), one of the parties “ruined it”, although from the video it appears to be unclear what exactly was “ruined”. This will more than likely need to be taken all the way to the U.S. Supreme Court, for a clear decision that falls within Constitutional Law. Failing that, I’d recommend no dinner and early bedtime for both parties involved.
Maybe they can get Prenda Law to take the case.
Wait, putt putt is still around? Go figger…
I've heard of Minecraft
What the hell is Putt-Putt?
Re: I've heard of Minecraft
Isn’t it the noise that old riverboats (steamers) make?
Re: Re: I've heard of Minecraft
I had a car that made that noise too…
Note as evidence they entered the phrase “putt putt craft” with the corresponding search results. Enter that phrase now and the results will show a page of…stories about this story.
There really should be a betting pool where we could all guess when the exact “Oh fuck…” moment hits.
Given that their search term is for “craft” instead of “minecraft” it has me wondering if they’re planning on releasing some product based on ‘craft’ in relation to their name sake, only to find out that there are already results for that search term and thus their potential product.
Huh, I had no idea Putt-Putt was a company/brand and was just what it was called.
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Yes, Putt-Putt is still around. They have a well deserved reputation for being the lamest of all major miniature golf course chains.
I’ve never heard of the term Putt Putt. I have heard of Pitch and Putt, is that a rival company?
Suggestion
Notch/Mojang AB and Google should both sue (or send a cease and desist to) Putt Putt, separately. Mojang for already mentioned reasons, and Google could because of unapproved images of their property (their search engine) for harmful or blackmail intent. That would be
Thank you..
Give them graphical assets that go with the image you want to project and invite. Kendrick
This game should be sued and shut down for copyright hopefully it will end the game brainwashes people anyway people are violently hurting them selfs by banging hand on tree and picking up spiders cave spiders glass and glowstone
Shad up halo geeky game
Thanks
The two comics done by the guys over at Penny Arcade certainly didn’t harm sales either.
Luke the Master Golfer
I think both parties are at fault here but Putt-Putt should have known better than to raise their concerns against Mojang. They should focus their problem on improving their on miniature golf course builder instead of creating some conflict.
"Putt-Putt" trade name infringement
"Putt-Putt" is a registered trade name of Putt-Putt Golf Courses, since 1954… RESPECT IT !