"Tower Defense" is now up for CP Infringement

Discussion in 'Public Game Developers Forum' started by slashandburn, Jan 22, 2010.

  1. M of IMAK

    M of IMAK Well-Known Member

    May 26, 2009
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    iPhone App Developer
    Austin, TX
    To make this work effectively, you would need to go back in time and register your trademark with the USPTO. If you do it afterwards, then anyone with a prior first use of the trademark has a fairly strong claim to continue using it, especially if they contest the trademark app and/or file their own trademark application.
     
  2. tukun

    tukun Well-Known Member

    Oct 7, 2009
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    wtf???
    they trademarked Tower Defense, did they invented that genre or something?
    now i should go n trade mark FPS and RPG too
    I will get rich in no time.

    alright from now on, no more Com2Us games for me
     
  3. mobile1up

    mobile1up Well-Known Member

    Nov 6, 2008
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    Technical Director
    Munich, Germany
    they trademarked tower defense for a game with that name on another platform. while they were not the first to use it - they went through all the legalities to make it their own. of course; the first version of tower defense type games i played was called "desktop tower defense" - by the guys behind the casual collective.

    if you see from previous posts here; it seems to be a game coming to the iphone - hence the reports from apple around copyright infringement - it is more trademark infringement more than copyright infringement.
     
  4. tukun

    tukun Well-Known Member

    Oct 7, 2009
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    i understand what ur saying , but imo its still wrong ethically.
    unlike pc/console; on iphone platform a title has to give out clues about the gameplay, genre, theme if you want buyer to click on your game. also if you want to buy a tower defend game, what keyword will you search for?
    Thats why you see alot of games has "defend", "defender" in their title. Now if nobody can use the genre name in their title, then you can see how this will give Com2Us a huge advantage over others.
     
  5. mobile1up

    mobile1up Well-Known Member

    Nov 6, 2008
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    Technical Director
    Munich, Germany
    you may find that the trademark may not be recognized in other countries - so you could still distribute outside of the USA. officially registering a trademark is costly and time consuming. but yes; it is more a genre than a name - one could argue it - but as another mentioned; you have to void the trademark registration in court. maybe everyone should band together who uses it?
     
  6. Kunning

    Kunning Well-Known Member

    Aug 30, 2009
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    Seriously though, have you tried negotiating at ALL with Com2uS? Hell, I talk with them every day as friends - we chat back and forth, and they're nice people. If you're going to boycott or slander Com2uS, I have to say that you don't have my support. At all. How underhanded...
     
  7. jchampl

    jchampl Well-Known Member

    Not suprising. Only bought one of their games and won't buy another ever. They pulled this same shit on bloons tower defense, which is now called bloons td. Pretty lame if you ask me...
     
  8. mobile1up

    mobile1up Well-Known Member

    Nov 6, 2008
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    Munich, Germany
    with all due respect - there is a clear point noted here - it is a game genre; not a game title. there shouldn't have to be any negotiations in place. the internet was designed for people to slander each other; remember you can say bad stuff about someone and never ever have to meet the person in real life (no consequences).. woot. if a company has shown to push "infringement" efforts on something like this, they'll get a negative kick back.

    legally tho; they need to defend their trademark or lose it. life sucks.
     
  9. I am just an interested observer here, but I am interested in seeing how this turns out.

    Since you speak with them every day, is it possible for you to ask them about this issue?

    If what is being said about them is not true, then they might want to make that known or at least clarify their side of things.

    If it is true, then in my opinion they are the ones being underhanded by trying to unfairly remove competition.
     
  10. jak56

    jak56 Well-Known Member

    bloons had to change their name to bloons td! now i know why!
     
  11. tblrsa

    tblrsa Well-Known Member

    Nov 10, 2009
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    Vienna
    I´m keeping an eye on this issue aswell, i hope this can be resolved in a civil way. Try talking to Com2Us.
     
  12. Kunning

    Kunning Well-Known Member

    Aug 30, 2009
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    Asked Jmin about it - I'll get a reply here ASAP. OP, don't do anything underhanded. That's just really low of you.
     
  13. Harpgliss

    Harpgliss Well-Known Member

    Nov 8, 2009
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    Here No More
    Hi,


    Considering you are not privy to the details of this, the last part of your post is a bit assumptive.

    This whole situation would be better served by the parties involved, communicating directly instead of dragging third parties that really may just inflame an already tense situation.

    Of course, that is just me.

    David
     
  14. Kunning

    Kunning Well-Known Member

    Aug 30, 2009
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    He's already saying that (even though he has not contacted or TRIED to contact Com2uS in any way) he's going to slander Com2uS in his game somehow. Next time, please read the whole thread.
     
  15. Harpgliss

    Harpgliss Well-Known Member

    Nov 8, 2009
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    Here No More
    #35 Harpgliss, Jan 26, 2010
    Last edited: Jan 26, 2010
    Hi,

    Kunning, I did read the whole thread, a few times.

    You are looking to put yourself in the middle of a disagreement that does not need your invlovement.

    You're friendly with Com2uS, got it, but your involvement can only make things worse.

    The disagreement here is complicated and unless you are a mediator or a lawyer, I am not seeing the benefit of further posting.

    As for slander, I am familiar with the particulars a little, journalism background, and the whole issue in this thread is a little whacked.

    Smart thing is to let the two parties involved, solve this themselves.

    Not going to go around on this because it is terribly off topic and just further inflames the situation.

    David
     
  16. Kunning

    Kunning Well-Known Member

    Aug 30, 2009
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    You have a point, but nobody is taking the initiative to actually try to contact Com2uS, so I might as well just bring this to their attention.
     
  17. slashandburn

    slashandburn Active Member

    Oct 10, 2009
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    Birmingham, Al
    Slander is a bit to harsh, but I'm not beyond mocking anything in my game, I just added 2 new maps, one takes a swipe at com2us and one sticks a cat in an air vent, players of Til3 would get the reference. But also adding in situation humor, like the classic press alt-f4 to win, but really if bloons tower defense had to change their name then the problem is bigger then one nerd with a pregnant wife to solve. I think com2us is fighting for their trademark, and now they are over reaching, one game named "TowerDefense" on the app store is really screwed once apple notifies them.
     
  18. BeatRoot

    BeatRoot New Member

    Jan 26, 2010
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    Seems a little silly to me as it can be stated that Tower Defence is a game genre and therefore can not be copyrighted...

    http://en.wikipedia.org/wiki/Tower_defense

    This sounds much like when Fox News attempted to sue Al Franken for using "Fair and Balanced" in his book title saying that it was trademarked..
     
  19. mobile1up

    mobile1up Well-Known Member

    Nov 6, 2008
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    Technical Director
    Munich, Germany
    excellent page - i just contributed a nice little piece to that article; namely the discussion about USPTO trademark. you'll see there is a nice sexy link back to toucharcade :) it might give some extra exposure to the problem and hence many more people may lobby against the trademark itself.
     
  20. slashandburn

    slashandburn Active Member

    Oct 10, 2009
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    Birmingham, Al
    Hey, I just found an article on us,...

    Article in reference
     

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