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

Posted:
in iPhone edited March 2014
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Candy Crush, has abandoned its controversial pursuit of ownership of the term "candy" in the U.S., and has officially withdrawn its trademark application.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 The developer confirmed that the trademark filing was withdrawn after it obtained the rights to the name "Candy Crusher."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."
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Comments

  • Reply 1 of 51
    hentaiboyhentaiboy Posts: 1,252member

    Ahh common sense.

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

  • Reply 2 of 51
     

    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.

  • Reply 3 of 51
    hentaiboyhentaiboy Posts: 1,252member

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

  • Reply 4 of 51

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

  • Reply 5 of 51
    Quote:

    Originally Posted by hentaiboy View Post

     

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


     

    Skill? Experience? Persistence?

  • Reply 6 of 51
    droidftwdroidftw Posts: 1,009member
    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.

  • Reply 7 of 51
    irelandireland Posts: 17,798member
    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.
  • Reply 8 of 51
    irelandireland Posts: 17,798member
    They should simply apply for a trademark for "King's Candy Crush" or "Candy Crush by King".

    Or "Candy Crush".
  • Reply 9 of 51
    hentaiboyhentaiboy Posts: 1,252member
    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?

  • Reply 10 of 51
    irelandireland Posts: 17,798member
    hentaiboy wrote: »
    Like Mel Gibson?

    ?
  • Reply 11 of 51
    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.

  • Reply 12 of 51
    aaronjaaronj Posts: 1,595member

    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?

  • Reply 13 of 51
    jungmarkjungmark Posts: 6,926member
    aaronj wrote: »
    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.
  • Reply 14 of 51
    aaronjaaronj Posts: 1,595member
    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. :)

  • Reply 15 of 51
    Sounds like a bunch of morons. They literally sent cease and decest letters to game makes who used the word candy?
  • Reply 16 of 51
    irelandireland Posts: 17,798member
    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.
  • Reply 17 of 51
    crowleycrowley Posts: 10,453member
    Is Candy a particularly common word outside the US? I don't hear it often, if ever.
  • Reply 18 of 51
    solipsismxsolipsismx Posts: 19,566member
    Does this have any affect on strippers named Candi?
  • Reply 19 of 51
    aaronjaaronj Posts: 1,595member
    Quote:

    Originally Posted by SolipsismX View Post



    Does this have any affect on strippers named Candi?

     

    I seriously hope not.

  • Reply 20 of 51
    pazuzupazuzu Posts: 1,728member
    Too bad they didn't name it iCandy.
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