Candy Crush Goes Trademark Legal; Candy Crush Gets Trolled
from the gonna-be-a-busy-day dept
Candy Crush is the mobile game that finally got everyone to stop playing scrabble and pictionary with their friends during their morning commutes. It was developed by King.com. King.com then turned around and applied for a trademark on the word "candy" (for games and a variety of merchandise) and is now going completely bonkers in the mobile app space, sending out letters to any app on the market that includes that oh-so-unique identifier of a word.
Stories about legal threats over generic terms are a dime a dozen, but at least those fights tend to be over generic phrases or groups of words. Having a trademark in the mobile app space on "candy" is insane. But that doesn't mean some folks can't have some fun with it. Take the indie game makers who have started The Candy Jam, for instance, which is simply a game that requires players to create any sort of game that has to do with candy.
WHY? BECAUSE TRADEMARKING COMMON WORDS IS RIDICULOUS AND BECAUSE IT GIVES US AN OCCASION TO MAKE ANOTHER GAMEJAM :DWell, okay then. If an insidious game developer wants to go legal on a generic word, apparently some folks out there will give them all the generic word targets they can handle. The apparent leading game idea thus far, judging by the Candy Jam hashtag on Twitter, is an inventive romp called Candy Candy Candy. We've reached troll level three, apparently.
RULES: MAKE A GAME INVOLVING CANDIES CONSIDER USING THE WORD "CANDY" SEVERAL TIMES, ALSO "SCROLL", "MEMORY", "SAGA", "APPLE" AND "EDGE" MIGHT GIVE BONUS POINTS
The good news, however, is that even the lawyers think this is silly.
IP lawyer Martin Schwimmer tells Gamezebo that the fact "candy" is such a ubiquitous term will make it hard for much to legally stick.And yet many people may simply change the names of their games to avoid trouble, or else find themselves in a court of law having to defend the name of their game including a word that's about as common as it gets. Yay, trademark!
"Someone can't plausibly claim that they came up with the term TEENAGE MUTANT NINJA TURTLES on their own", he says. "An incredibly unique trademark like that is somewhat easy to protect. Suggestive marks are protectable, but the problem is that third parties can claim that they thought up their mark on their own."