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Candy Crush developer withdraws US trademark application for word 'candy'

post #1 of 48
Thread Starter 
King, the company behind popular iOS game Candy Crush, has abandoned its controversial pursuit of ownership of the term "candy" in the U.S., and has officially withdrawn its trademark application.

Candy Crush Saga


The pulling of the application was first revealed on Tuesday by Kotaku, which also received an official statement from King. The developer confirmed that the trademark filing was withdrawn after it obtained the rights to the name "Candy Crusher."

"Each market that King operates in is different with regard to IP," the company said. "We feel that having the rights to Candy Crusher is the best option for protecting Candy Crush in the U.S. market. This does not affect our E.U. trademark for Candy and we continue to take all appropriate steps to protect our IP."

The popularity of Candy Crush and the perceived genericness of King's pursuit of the trademark for word "candy" gained considerable attention earlier this year, with some expressing concern. King's filing sought ownership of the word "candy" as it would relate to digital puzzle games, and not necessarily other titles, such as the board game "Candy Land."

But following its purchase of the trademark for the word "candy" in Europe, King began sending cease-and-desist letters to smartphone game developers with apps using the word "candy," as well as the word "saga," which the company also own the rights to. Among those who received a letter was the developer of the game Banner Saga, a popular viking themed role playing game.

In protest, independent game developers held a "game jam" creating candy-related games to bring attention to their concerns over King's efforts. The so-called "candy jam" was held with the belief that "trademarking common words is ridiculous."
post #2 of 48

Ahh common sense.

I wonder if Rovio tried to patent the words "angry" and "birds"?

Shut up and go away, you useless, pathetic FUDmonger - Tallest Skil
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post #3 of 48
 
This does not affect our E.U. trademark for Candy

 

It also doesn’t affect my never downloading any of your products at any time in the future.

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post #4 of 48

Just a thought...is there anything stopping me creating a game named "Kandy Krush"?

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post #5 of 48

They should simply apply for a trademark for "King's Candy Crush" or "Candy Crush by King".

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post #6 of 48
Quote:
Originally Posted by hentaiboy View Post
 

Just a thought...is there anything stopping me creating a game named "Kandy Krush"?

 

Skill? Experience? Persistence?

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post #7 of 48
Quote:
Originally Posted by hentaiboy View Post
 

Just a thought...is there anything stopping me creating a game named "Kandy Krush"?


There's nothing stopping you.  There's also nothing stopping King from suing you for trademark violation.  It would be up to the courts to decide who is right and who is wrong.  King's got a lot of money behind them and therefore can afford a good legal team.  Hopefully you could do the same.

post #8 of 48
Not withdrawing it would be mega-sucky, withdrawing it is great advertising for this company. Lesson: piss the world off and un-piss them off and you'll be a famous hero.
Citing unnamed sources with limited but direct knowledge of the rumoured device - Comedy Insider (Feb 2014)
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post #9 of 48
Quote:
Originally Posted by SpamSandwich View Post

They should simply apply for a trademark for "King's Candy Crush" or "Candy Crush by King".

Or "Candy Crush".
Citing unnamed sources with limited but direct knowledge of the rumoured device - Comedy Insider (Feb 2014)
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Citing unnamed sources with limited but direct knowledge of the rumoured device - Comedy Insider (Feb 2014)
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post #10 of 48
Quote:
Originally Posted by Ireland View Post

Lesson: piss the world off and un-piss them off and you'll be a famous hero.

Like Mel Gibson?

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post #11 of 48
Quote:
Originally Posted by hentaiboy View Post

Like Mel Gibson?

?
Citing unnamed sources with limited but direct knowledge of the rumoured device - Comedy Insider (Feb 2014)
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Citing unnamed sources with limited but direct knowledge of the rumoured device - Comedy Insider (Feb 2014)
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post #12 of 48
Quote:
Originally Posted by hentaiboy View Post
 

Just a thought...is there anything stopping me creating a game named "Kandy Krush"?

 

Yes -"Candy Crush" is a registered trademark, and more power to them. Trademark law is specifically there to stop someone capitalizing off of customer confusion over a similar sounding name in the same domain.

 

The problem here is that they wanted to trademark the word Candy as it pertains to any and all digital games. Not "Candy Crush", but "Candy". And apparently "Saga" too. That is distinctly a no-go as far as Trademark law is concerned. Trying to suppress competition by trademarking common words is strictly forbidden. They would not have succeeded, realized this, and withdrew their attempt.

 

For many many years, Microsoft was unable to trademark "Windows", despite it being very strongly associated with a particular product they offered. The courts eventually relented, and let them have it. But that was from a position of absolute market dominance, and years of relentless court battles. King had no chance whatsoever of trademarking the words they wanted.

post #13 of 48

OK, I have no idea what's going on in this case.

 

But can someone PLEASE explain to me why "Candy Crush" is SO popular?!  I just don't get it.  What am I missing?

post #14 of 48
Quote:
Originally Posted by AaronJ View Post

OK, I have no idea what's going on in this case.

But can someone PLEASE explain to me why "Candy Crush" is SO popular?!  I just don't get it.  What am I missing?

The challenge.
post #15 of 48
Quote:
Originally Posted by jungmark View Post


The challenge.

 

Fair enough.  I've only played it for a few seconds here and there.  Honestly?  I'm struggling with the new Tomb Raider right now.  I haven't gamed in ages.  So TR is a bit of a challenge. :)

post #16 of 48
Sounds like a bunch of morons. They literally sent cease and decest letters to game makes who used the word candy?
post #17 of 48
Quote:
Originally Posted by daveinpublic View Post

Sounds like a bunch of morons. They literally sent cease and decest letters to game makes who used the word candy?

I actually disagree that they are a 'bunch of morons'. They were just doing business. They made a mistake. That's life.
Citing unnamed sources with limited but direct knowledge of the rumoured device - Comedy Insider (Feb 2014)
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Citing unnamed sources with limited but direct knowledge of the rumoured device - Comedy Insider (Feb 2014)
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post #18 of 48
Is Candy a particularly common word outside the US? I don't hear it often, if ever.

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post #19 of 48
Does this have any affect on strippers named Candi?

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post #20 of 48
Quote:
Originally Posted by SolipsismX View Post

Does this have any affect on strippers named Candi?

 

I seriously hope not.

post #21 of 48
Too bad they didn't name it iCandy.
 
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post #22 of 48
Quote:
Originally Posted by Crowley View Post

Is Candy a particularly common word outside the US? I don't hear it often, if ever.

In Canada they usually preface it with John.
 
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post #23 of 48
Only if you have à crush on her/him.
Quote:
Originally Posted by SolipsismX View Post

Does this have any affect on strippers named Candi?

Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

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post #24 of 48
Quote:
Originally Posted by Ireland View Post

I actually disagree that they are a 'bunch of morons'. They were just doing business. They made a mistake. That's life.

I'm looking at it from the perspective of a game developer. I've tried to learn to develop games myself. And, to me it looks like a wild misuse of a tiny amount of power. Imagine if you made a game called Rock Tower, you spent months learning how to develop, months building it, you were seeing the beginnings of a following, and a big company says they just trademarked rock so you have to delete your game. What harm was your game doing them? They also told thousands of others to cease their games as well, not because their games were malicious, or copying them in any way, but because they could. The biggest losers are the customers, you and I, because now all kinds of creative games can't be purchased, why? Because a greedy and manipulative company that wants to abuse the technicality of law likes giving game developers orders not to compete with them. As the protesters in the article say, it's completely ridiculous. Selfish, illogical, and counter productive. Now imagine other companies doing the same - all of a sudden no one can title their game using common words, because they're all trademarked. That's another trend they could have started, which makes it even more bone headed.
post #25 of 48
Could have ended up being a nightmare for fairgrounds and school fete purveyors of candy apples.
post #26 of 48
I refuse to download anything from this scummy company. It was a stupid idea to attempt to patent such a broad word in the first place.
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post #27 of 48
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Originally Posted by lightknight View Post

Only if you have à crush on her/him.

 

Well played.  Well played. :)

post #28 of 48
Quote:
Originally Posted by HealthNut View Post

I refuse to download anything from this scummy company. It was a stupid idea to attempt to patent such a broad word in the first place.

 

I'm pretty sure it was a TM, not a patent.

 

But the point still stands.

post #29 of 48
Quote:
Originally Posted by Ireland View Post


Or "Candy Crush".

 

That would work also! :D

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post #30 of 48
Quote:
Originally Posted by hentaiboy View Post
 

Just a thought...is there anything stopping me creating a game named "Kandy Krush"?

You can create the game (providing you don't violate some ones software copyright) but most likely won't be able to use the title "Kandy Krush". Trademark laws protect the original "Candy Crush" owner from any other term that may confuse consumers into thinking that it's the same game of a game by the same company.

 

Just like you would never be able to trademark the likes of "Pineapple Computers", "Cranapple Computers" or "AppleInsider Computers" for any market that Apple, Inc. deals in. Apple is so well known as the computer company named after a fruit, that now even naming a company that will compete with any market that Apple deals in, after any fruit may prove impossible. If a consumer saw "Pear Computers" or "Strawberry Computers" or "Grape Computers" they would think of Apple. And you can forget about trying to trademark any logo with a "byte" taken out of it. Even if the "byte" is off a PC board, CPU chip or floppy disc. Any logo with a "byte" out of it will immediately remind consumers of the Apple logo.

post #31 of 48
Quote:
Originally Posted by hentaiboy View Post

Like Mel Gibson?
How and when did he unpiss?
post #32 of 48
Quote:
Originally Posted by AaronJ View Post

But can someone PLEASE explain to me why "Candy Crush" is SO popular?!  I just don't get it.  What am I missing?

It's mostly women playing it and I think women play it longer:

http://www.dailymail.co.uk/femail/article-2463636/How-women-blow-400-000-day-playing-Candy-Crush-addictive-online-game-ever.html
http://www.bbc.co.uk/news/magazine-25334716

"According to the game's creators, King.com, women aged between 25 and 55 are the demographic most loyal to the game.
King claims that 90 per cent of its players are over 21"

"King is quick to point out that more than half of players who reach the last level in Candy Crush Saga have done so without any financial outlay.
Candy Crush Saga has 137 million active monthly users.
A recent Candy Crush expansion pack has had a 40-strong team of developers working on it, four times the number of programmers and artists who brought the original Facebook version of the game into existence."

There was a stat saying 40% of the players are male but there's women in those articles saying they play it for hours.

It started out as one of those Facebook games like Farmville and then went onto smartphones. 55% of Facebook users are women.

People often assume that gaming is male-dominated but it's split pretty evenly:

http://en.wikipedia.org/wiki/Women_and_video_games#Female_gamers_as_a_demographic

"According to a study conducted by the Entertainment Software Association in 2012, "Forty-seven percent of all game players are women. In fact, women over the age of 18 represent a significantly greater portion of the game-playing population (30 percent) than boys age 17 or younger (18 percent).""

They seem to prefer more casual games and they are into things like The Sims (65% women). Only 30% of women play violent games.
Quote:
Originally Posted by Ireland 
I actually disagree that they are a 'bunch of morons'. They were just doing business.

They tried to prevent the developer of a game called CandySwipe that predated Candy Crush Saga from using it:

http://kotaku.com/candy-crush-saga-is-ripping-me-off-says-indie-develope-1521728191

The trademarks are to prevent people coming out with games that are designed to feed off your success and having ones that existed before you is a tricky area. It's like when Apple had that problem in Mexico with iFone:

http://appleinsider.com/articles/13/03/15/apples-mexican-iphone-naming-rights-threatened-as-supreme-court-upholds-ifone-ruling

Trademarking 'Candy' is not much different from Apple, Windows, Orange etc but the difference with software is that there's so many apps that infringing on common phrases is going to happen more often so they need to be sensible about it.
post #33 of 48
Quote:
Originally Posted by DavidW View Post
 

Apple is so well known as the computer company named after a fruit, that now even naming a company that will compete with any market that Apple deals in, after any fruit may prove impossible.... "Strawberry Computers" or "Grape Computers" they would think of Apple. 

 

So a company like RIM could never get away with using "Blackberry".

/s.

post #34 of 48
Quote:
Originally Posted by hentaiboy View Post
 

Just a thought...is there anything stopping me creating a game named "Kandy Krush"?

 

Perhaps a desire to avoid looking moronic?

 

(Some of us still refuse to shop at "Toys Us".)

post #35 of 48

can't quite understand how they seemed to have managed to register for the 'Candy' trademark in the EU. Shouldn't be possible for a common word there or here. Makes absolutely no sense.

 

The game is highly addictive though. But I'm happy to report that i overcame my addiction after I got to somwhere around level 147 and it was just impossible to continue without spending any money on it. I think a major factor is the competitiveness though as so many people are playing it. When you catch yourself in a heated discussion saying things like 'I combined the chocolate sprinkle ball-thingy with the striped candy like three times and I still didn't finish the level, this is just not fair' with a very earnest face - it's time to stop :D

post #36 of 48
Quote:
Originally Posted by iBrian View Post

can't quite understand how they seemed to have managed to register for the 'Candy' trademark in the EU. Shouldn't be possible for a common word there or here. Makes absolutely no sense.

The game is highly addictive though. But I'm happy to report that i overcame my addiction after I got to somwhere around level 147 and it was just impossible to continue without spending any money on it. I think a major factor is the competitiveness though as so many people are playing it. When you catch yourself in a heated discussion saying things like 'I combined the chocolate sprinkle ball-thingy with the striped candy like three times and I still didn't finish the level, this is just not fair' with a very earnest face - it's time to stop 1biggrin.gif

I'm on 463 without spending a single cent so it is possible. But it is a challenge and a competition between friends.
post #37 of 48
Quote:
Originally Posted by iBrian View Post
The game is highly addictive... a major factor is the competitiveness though as so many people are playing it. When you catch yourself in a heated discussion saying things like 'I combined the chocolate sprinkle ball-thingy with the striped candy like three times and I still didn't finish the level, this is just not fair' with a very earnest face...

EA could achieve this level of success with Scrabble if they would actually invest some effort in fixing the numerous bugs and making it less confusing for new users to get started playing with their friends. And on the iOS versions, actual usage (rather than just pretend-usage) of the Game Center utility Apple provides would be rather nice.

/ot 

post #38 of 48
Quote:
Originally Posted by TeaEarleGreyHot View Post

So a company like RIM could never get away with using "Blackberry".
/s.

In actuality, "Blackberry" in a trademarked name for a RIM product. The "Blackberry" is a very well known mobile phone, that was on the market years before Apple got into the mobile phone business with their "iPhone". The real question is, pertaining to trademark laws, could Apple have market a mobile phone named an "Apple, without RIM protesting.
post #39 of 48
Quote:
Originally Posted by AaronJ View Post

OK, I have no idea what's going on in this case.

But can someone PLEASE explain to me why "Candy Crush" is SO popular?!  I just don't get it.  What am I missing?

I haven't played it, but I believe that it's supposed to be a very addictive game.
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post #40 of 48
Quote:
Originally Posted by DavidW View Post

You can create the game (providing you don't violate some ones software copyright) but most likely won't be able to use the title "Kandy Krush". Trademark laws protect the original "Candy Crush" owner from any other term that may confuse consumers into thinking that it's the same game of a game by the same company.

Just like you would never be able to trademark the likes of "Pineapple Computers", "Cranapple Computers" or "AppleInsider Computers" for any market that Apple, Inc. deals in. Apple is so well known as the computer company named after a fruit, that now even naming a company that will compete with any market that Apple deals in, after any fruit may prove impossible. If a consumer saw "Pear Computers" or "Strawberry Computers" or "Grape Computers" they would think of Apple. And you can forget about trying to trademark any logo with a "byte" taken out of it. Even if the "byte" is off a PC board, CPU chip or floppy disc. Any logo with a "byte" out of it will immediately remind consumers of the Apple logo.

Indeed. In fact, Blackberry were lucky that Apple didn't invent the iPhone a few years earlier. If they had, I think RIMM would have had problems with the name Blackberry.
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