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Geek Culture / "candy" is a registered trademark

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Phaelax
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Posted: 24th Jan 2014 01:51
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The company who created candy crush has trademarked the generic word "candy" and Apple is working with them to remove any apps that have the word in their titles. Ridiculous!

http://www.forbes.com/sites/anthonykosner/2014/01/20/candy-crush-saga-has-trademarked-candy-and-apples-app-store-is-helping-enforce-it/

http://zimnox.com
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The Zombie Killer
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Posted: 24th Jan 2014 02:28
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That is absolute BULL!
The fact that they would trademark a generic word makes me hate them even more. It's enough I get stupid Facebook notifications from my family from their games (which I find incredibly boring), but now they do this...

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Dark Java Dude 64
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Posted: 24th Jan 2014 02:33 Edited at: 24th Jan 2014 02:33
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Well, the intellectual property system says, such generic terms CANNOT be claimed as intellectual property. Does anyone give a //// about those rules though? No. So this type of crap happens all the time. This is one of the reasons I hate some companies with a passion, not to mention any *cough*Apple*cough*.

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mr Handy
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Posted: 24th Jan 2014 09:20
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It is not mean that you can't use candy in title, btw.

Quote: "Update #1: I have been contacted by a representative from King who issued the following statement:

“We have trademarked the word ‘CANDY’ in the EU, as our IP is constantly being infringed and we have to enforce our rights and to protect our players from confusion. We don’t enforce against all uses of CANDY – some are legitimate and of course, we would not ask App developers who use the term legitimately to stop doing so.

The particular App in this instance was called ‘Candy Casino Slots – Jewels Craze Connect: Big Blast Mania Land’, but its icon in the App store just says ‘Candy Slots’, focussing heavily on our trademark. As well as infringing our and other developer’s IP, use of keywords like this as an App name is also a clear breach of Apple’s terms of use. We believe this App name was a calculated attempt to use other companies’ IP to enhance its own games, through means such as search rankings.”

I am following up with the company to determine the exact criterion they are using to enforce their trademark, but according to their spokesperson Hsu was the only developer contacted and asked to remove an infringing app from the Apple App Store. More on this story as it develops…"


Quote: "Update #2: I have corresponded with Benny Hsu, the developer whose game is the subject of the GameZebo story that I referenced in this post. He clarified that the frustration of “lots of devs” that he was quoted as referring to was “because it’s dumb that King.com LTD can trademark a common word,” not because he knew of lots of developers that had been contacted about infringement. In fact, he claims to know of only three cases of notices from King about infringement claims, but “two were using the words ‘Candy Crush’ in [their titles] and one made an icon that King.com LTD felt like it was too close to theirs. So a little different than my situation.” I have not heard back from Jim Squires at GameZebo yet about whether he in fact had additional sources for his original story."


Also there was a similar battle for "Scrolls", but that case was really unfair.

P.S. sure, registering a common word is prohibited.

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nonZero
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Posted: 24th Jan 2014 09:54
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I'm sorry to IP holders here but you should NOT be allowed to copyright/patent the following unless it wholely refers to your IP/trademark/brand:
A single word (candy in this case)
A group of words (that's not a brand name)
A letter (*cough* Apple *cough*)
A logo's 'look' (Woolworth's vs Apple)

In other words, things like this BS make me want to make a game with 'candy' in the name that's open-source and spread it anonymously. I'd like to see those tards sue someone anonymous.

"You realise you're not nearly as funny as you think you are," said Onii-chan.

"I know that, which means I must be as funny as I think I am; in a paradoxical sort of way," I replied.
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mr Handy
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Posted: 24th Jan 2014 10:00
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Quote: "A group of words (that's not a brand name)"

My Little Pony?
World Of Tanks?

Quote: "A letter"

They add letter to word so it becomes a "new" word. Maybe it is okay.

Quote: "A logo's 'look' (Woolworth's vs Apple)"

Now that's why I hate aPPLE. Worst company ever.

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Phaelax
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Posted: 24th Jan 2014 18:21
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Quote: "A logo's 'look' (Woolworth's vs Apple)"

But a logo's look is what defines it. Often, a company's logo is the first thing a consumer will recognize.

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nonZero
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Posted: 24th Jan 2014 18:36
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Take a look at the Woolworths vs Apple case. The logo was COMPLETELY different but bore a resemblance. I mean if a company has a triangle in their logo, nobody else can? We'd run outta logos pretty quick.

"You realise you're not nearly as funny as you think you are," said Onii-chan.

"I know that, which means I must be as funny as I think I am; in a paradoxical sort of way," I replied.
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Phaelax
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Posted: 24th Jan 2014 18:50
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I definitely see a similarity. But why did they make their logo an apple of all things? It doesn't look like Apple won the case though, their Woolworths website is still using it.

http://zimnox.com
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BatVink
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Posted: 24th Jan 2014 20:04 Edited at: 24th Jan 2014 20:06
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As I saw posted elsewhere, what happened to the rights of prior Candy game owners when King infringed their game name?

Quote: "so, you had Bullet Candy (2006), Candy Cannon (2006), Candy Land (1998), Candy & Clyde (2007), Candy Catcher, Bullet Candy Perfect (2009), and Candy Pink Multidisc (2007). "


And how about this from 2006 - Candy Drops!

http://www.candystand.com/play/candy-drops

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nonZero
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Posted: 24th Jan 2014 23:07 Edited at: 24th Jan 2014 23:09
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@Phaelax: Woolworth's agreed to renove the logo from their electronic stuff. I think they picked an apple (pardon the pun) as their logo because their selling point is groceries / produce (well in SA at least) so I guess it was motivated by that. I agree it was a silly oversight but I believe it wasn't malicious. Apple tend to over react generally, and they can themselves be bullies eg Apple vs Carl Sagan.

@BatVink: If we're talking infringement, then every major developer in the casual gaming industry has prolly done it. I don't think it matters who made the first wheel, just who filed the first patent. It's a sad and unethical world we live in. I think one reason (aside from the standard ones) devs choose open-source and rely on regular 9-5s for income instead of their creations is a general dislike for the shark tank. It must be tough to be part of the industry nowadays.

"You realise you're not nearly as funny as you think you are," said Onii-chan.

"I know that, which means I must be as funny as I think I am; in a paradoxical sort of way," I replied.
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BatVink
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Posted: 25th Jan 2014 19:11
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Quote: "If we're talking infringement, then every major developer in the casual gaming industry has prolly done it."


Yes, agreed, which is why I think it is hypocritical of King to file for the patent, and for the patent office to see it as a reasonable patent to approve.

Quote: "I don't think it matters who made the first wheel, just who filed the first patent."

Nice example The wheel was patented in 2001 by an Australian guy. However, he did it to ridicule the system and won't be suing anyone who ever made a wheel.

The best patent ever in my opinion is the patent trolling patent, That is, the idea that you buy patents simply in order to sue people. Therefore, if you are a patent troll, you can be sued by the owner of the patent trolling patent (Halliburton Energy Services)!

How silly can it get though? Apple have a patent for round corners on electronic devices. If you have a tablet or phone with rounded corners that isn't an Apple device, it's infringing this patent. This is absurd, as the original reason for rounding corners was because it was cheaper to manufacture ("square" looking cars didn't appear until the 80s for this very reason). Did the patent office never see a ZX Spectrum, Nintendo 64, Gameboy etc?

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Phaelax
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Posted: 25th Jan 2014 19:49
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Quote: "The wheel was patented in 2001 by an Australian guy. However, he did it to ridicule the system and won't be suing anyone who ever made a wheel."


lmao, that's too funny!


Can I get a patent on suing people in general? The act of seeking legal action by means of filing a series of documents through a government and/or legal infrastructure with the purpose of obtaining monetary awards.

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mr Handy
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Posted: 25th Jan 2014 19:55
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Quote: "Apple have a patent for round corners on electronic devices."

No way. It is not contraption. At least in Russia you will be sent for a long walk from patent bureau with such jokes like a wheel. Or you can patent everything you want in USA?

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Seditious
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Posted: 25th Jan 2014 20:33
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Quote: "How silly can it get though? Apple have a patent for round corners on electronic devices. If you have a tablet or phone with rounded corners that isn't an Apple device, it's infringing this patent."


I wasn't sure if you were serious at first, but then Google brought up tens of thousands of results on the subject. I can't believe the patent office would allow such a thing.

http://www.businessinsider.com/apple-ipad-design-patent-2012-11
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Dark Java Dude 64
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Posted: 25th Jan 2014 20:42 Edited at: 25th Jan 2014 20:42
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Quote: "Or you can patent everything you want in USA?"
Yeah pretty much.

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nonZero
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Posted: 25th Jan 2014 23:44
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I think I'll patent breathing... Nah, make that existing. Hahaha, everything outside that special scope provided by quantum physics owes me money.

Insanity aside, patent law needs a change. I think that's essentially the point. This thread is but a microcosmic example of the larger and scarier picture. Consider the patents on GMOs. If their naturally-occurring were extinct (which seems to be the goals of certain companies), nature loses the right to exist the way it has done for so long. Where does that leave us, who depend on nature, fifty or a hundred years from now? (Didn't mean to stray off topic but it was an interesting train of thought)

"You realise you're not nearly as funny as you think you are," said Onii-chan.

"I know that, which means I must be as funny as I think I am; in a paradoxical sort of way," I replied.
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Dark Java Dude 64
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Posted: 26th Jan 2014 01:03
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I mean the patent system worked fine, before modern technology came along. We need a patent system overhaul, and one that compensates for and takes into account the nature of modern day technology. So yeah, I totally agree with you.

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Kezzla
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Posted: 28th Jan 2014 13:40
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I think I will just patent patenting. FTW

Ok, Jokes over, No more eye burn.
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Libervurto
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Posted: 28th Jan 2014 19:24
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It gets worse, king.com are also trying to protect the word "saga" and have launched a cease and desist against Stoic's trademark application for their game "The Banner Saga" http://kotaku.com/why-the-ridiculous-candy-crush-vs-banner-saga-conflict-1507064357

This is poetically ridiculous because The Banner Saga is based on epic Viking fantasy, which is where the word "Saga" comes from! The fact we have a Bejewelled clone re-skinned with sugar products claiming against the legitimacy of a Viking game using the ward "Saga" is beyond madness.

Apparently though, if king.com fail to challenge claims for any game that comes even close to "Candy Crush Saga" either in name or theme then that could damage their own IP rights. Yes, the system is certainly stupid and creates unnecessary conflict but I don't think that justifies king.com acting like a bunch mod-editing mod-edits.

Side note, The Banner Saga looks like an excellent game. I contacted Stoic and they say they plan to port the game to Linux, which is good news for me as I don't have Windows any more and don't fancy putting down money in the hopes that it runs through WINE.


Formerly OBese87.
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mr Handy
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Posted: 28th Jan 2014 23:08
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@Libervurto
Unbelievable!!!
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bitJericho
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Posted: 29th Jan 2014 01:07
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Quote: "Side note, The Banner Saga looks like an excellent game. I contacted Stoic and they say they plan to port the game to Linux, which is good news for me as I don't have Windows any more and don't fancy putting down money in the hopes that it runs through WINE."


Many indies offer a money back guarantee if you buy direct. Check into it.

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mr Handy
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Posted: 29th Jan 2014 13:24
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There is nothing bad in having windows as second system only for games. It costs like a pair of "console" games.
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bitJericho
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Posted: 29th Jan 2014 18:57
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Quote: "There is nothing bad in having windows as second system only for games. It costs like a pair of "console" games. "


Linux isn't about being free like a free lunch. It's about being free as in freedom, at least for most of us.

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