Cody Driskill KING GAMES AND THE TRADEMARK CONTROVERSY

THE CONFUSING ART OF THE TRADEMARK Things people have tried to trademark: Blue Turf APPROVED Harley Engine Sound DENIED “Mc” Prefix DENIED The word “superhero” APPROVED The color orange DENIED Red shoe soles APPROVED

KING DIGITAL ENTERTAINMENT Creator of “casual games” Releases new games every month Making $2 billion a year

SO WHAT HAPPENED? King filed an application to the USPTO to trademark the words “candy” and “crush” on February 6 th, 2013 This application was then approved on January 15 th, 2014 This incensed a large number of people (THE INTERNET!!)

PUBLIC OUTCRY AND KING RESPONSE International Game Developers Association (IGDA) “predatory efforts” and “opposition to values of openness and cooperation” King’s Response “Like in any prudent company, we need to take all appropriate steps to protect our IP, both now and in the future.”

STEPS FOR TRADEMARK CERTIFICATION File application to the USPTO Application reviewed by USPTO employees Application gets approved Published in the “Official Gazette” 30 days to dispute claim

“PROTECT OUR IP” Reality of trademark law is ruthless Must “mark your territory” and ensure public awareness But not too much public awareness! Must monitor for uses of your trademark and actively defend it CandySwipe Candy Casino Slots – Jewel Craze Connect: Big Blast Mania Land

FUTURE OF TRADEMARK LAW Trademark law based largely on a 1973 case Issues arise as the Internet continues to expand URLs Trademark application increase from 18,000 to nearly 300,000 Domains 3D Printing

REFERENCES Lien, Tracey. "King: We're Not Trying to Stop Banner Saga from Using Its Name." Polygon. Vox Media, 22 Jan Morales, Xavier. "How Long Does It Take to Get a Trademark?" SecureYourTrademark Karmali, Luke. "The Banner Saga Sequel Blocked by Trademark Claims." IGN. IGN Entertainment. 23 Jan Kosner, Anthony Wing. "Candy Crush Saga Has Trademarked Candy And Apple's App Store Is Helping Enforce It." Forbes. Forbes Magazine, 20 Jan Rhodes, L. "Candy Crush Is Everything That Is Wrong with Trademark Law." The Daily Dot. 24 Jan Mlot, Stephanie. "7 New Internet Domains Go Live, Hundreds More to Come." PCMAG. Ziff Davis Inc. 29 Jan