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The Banner Saga also hit by King trademark claims

Wednesday, 22nd January 2014 02:05 GMT By Brenna Hillier

Not content with candy-related takedowns, King has seemingly contradicted its promises to be thoughtful in its application of trademark claims by filing a notice against The Banner Saga, a game with absolutely no connection to Candy Crush Saga beyond a shared word.

Following rumours earlier today, King’s claim against The Banner Saga developer Stoic was confirmed by the discovery of a Notice of Opposition filed with the US Patent and Trademark Office.

“The Banner Saga mark is confusingly and deceptively similar to Opposer’s previously used Saga Marks,” King’s lawyers wrote in the claim.

“The use and registration by Applicant of the mark The Banner Saga for Applicant’s goods is likely to cause confusion or to cause mistake or deception in the trade, and among purchasers and potential purchasers, with Opposer’s Saga Marks, again resulting in damage to Opposer.”

The Banner Saga is a turn-based tactics game wrapped up in a narrative-driven RPG for Mac and PC, whereas Candy Crush saga is a casual, social puzzle game about sweets for mobile and Facebook.

Before we get out the tar and feathers and start screaming for King’s blood, remember that under US trademark law if companies do not protest potential trademark infringements then they are in danger of losing their trademarks altogether, leaving them open to genuine copycats. Even when both companies are aware of any real impact, the legalities must be pursued – as when Bethesda and Mojang went to war over Scrolls, managing to settle the case without a title change. Superannuation has been tweeting examples of silly-seeming trademark claims today.

Thanks, Eurogamer.

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17 Comments

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  1. Panthro

    I thought Saga was a made up word by King so they should definitley take action against them, they have obviously stolen the word from Candy Crush.

    Jk, What a bunch of dickheads. People lose the right to make claims and file for trademarks if are trying to abuse it like this.

    #1 3 months ago
  2. POOhead

    sue the shit outta them, i brought this game on steam and thinking it was candy crush so that i would be able to play it on facebook, how very wrong i was, disgusting way to get people to buy your game

    #2 3 months ago
  3. Darkfield

    @1 Saga is not a made up word Panthro. Dates back to centuries ago too.

    sa·ga
    ˈsägə/Submit
    noun
    a long story of heroic achievement, esp. a medieval prose narrative in Old Norse or Old Icelandic.
    “a figure straight out of a Viking saga”

    ***EDIT***
    Oh my bad, I thought you only said the first line, I could swear the last line wasn’t in your post, so never seen it, if it was, sorry for that. :D

    #3 3 months ago
  4. Dragon

    Welcome to the world of patent trolls, where the more money you have, the more you troll.

    #4 3 months ago
  5. Digital Bamboo

    This shit makes me sick.

    #5 3 months ago
  6. wolfenjosh

    I would laugh my ass off if Lucasarts sued King since they had The Saga Begins waaaaaay before Candy Crush was ever a thing…

    #6 3 months ago
  7. The_Red

    Looks like with the death of “Edge” trademark trolling, it’s time for the return of the “king”.

    #7 3 months ago
  8. mreko3230

    @7 Yep, and that Edge situation went no where- just like this will. Frankly, if another company was calling me “deceptive” I’d be real tempted to counter-sue for defamation.

    #8 3 months ago
  9. TheBlackHole

    @7 @8

    The Edge trademark wasn’t upheld because he never actually used it anywhere.

    King actually make games with those words in. So agre with it or not, there is a big difference in the validity of their claims. And like the post says, if they don’t claim against ‘potential’ infringement, they risk losing their TM altogether.

    #9 3 months ago
  10. GrimRita

    It’s all getting a bit silly now.

    #10 3 months ago
  11. SplatteredHouse

    No, this is just straight-up: Bull. Shit! @9 There isn’t any correlation to be seen between the alleged infringement and trademark holder’s product. Why even try to justify their actions.

    #11 3 months ago
  12. mongbatstar

    For those not reading the article before jumping in;

    “Before we get out the tar and feathers and start screaming for King’s blood, remember that under US trademark law if companies do not protest potential trademark infringements then they are in danger of losing their trademarks altogether”

    #12 3 months ago
  13. SplatteredHouse

    For those desperately rummaging through their wardrobes for straw hats before posting;

    There has to be reasonable likelihood that joe public would make the misassumption that the “infringing” item was actually created by the CCS maker? Isn’t that what an infringement means: That group A used familiarity and goodwill built of group B’s work to further group A’s new product?? They’re taking advantage of other people’s accomplishments, literally “cashing-in”. That’s not happening. On what grounds could match-3 maker possibly…

    hah. They just want to tie them up in drawn-out legal proceedings, don’t they? One moment…http://imgur.com/Aa6MoYr

    #13 3 months ago
  14. TheBlackHole

    @13

    Go and learn about US trademark law, then come back and revise your logical arguments.

    #14 3 months ago
  15. SplatteredHouse

    Just keep stretching. “potential”! How will King go about proving an attempt at misleading, by Stoic? The SAGA name relates inherently to the Banner Saga title. There IS a banner, and there IS a Saga which the player will (play through and) see realised in this, and any future games. These are dictionary definitions that you are trying to dispute, or play down.

    #15 3 months ago
  16. TheBlackHole

    @15

    Repeat my post @14

    #16 3 months ago
  17. SplatteredHouse

    ? Point out where my understanding of the requirements under US trademark law differs from the reality.

    #17 3 months ago