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| Image Source: myigadget.com |
One of the controversial trademark cases to hit the news is the case of the company King, which is behind a number of mobile games including Candy Crush Saga. It is currently the most popular casual game on Facebook. It has also become quite profitable with half a billion downloads and counting on the iOS and Android game stores.
The multinational company is seeking to trademark the word ‘candy’ for use in video games and in related merchandising. Earlier, it also registered to trademark the word ‘saga,’ which has adversely affected a smaller game developer because of their product Banner Saga, which bears no similarity to Candy Crush Saga in content or theme.
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| Image Source: money.cnn.com |
Critics have labeled the company’s move to trademark common words as a threat to creativity in the games industry. If King manages to gain dominance over its competition by registering generic terms, then there is hardly any reason for them to seek to succeed in the industry through sheer quality and depth of the products that they produce.
More than that, observers have noted that the tactics used by King highlight everything that is wrong with the trademark law. They point out that there is a need for authorities to delve deeper into the rules for trademark and “insist on a standard that links common words back to the game-specific features that distinguish them.”
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| Image Source: gamezebo.com |
Atty. Brad Lyerla is best known for representing clients in patent and trade secret litigation. For more information on intellectual property and litigation, visit the Jenner & Block official website.
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