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Author Topic: Blizzard, Valve Begin Legal War Over DOTA [Locked]
kancle  1 star
Posts: 86
Registered: 2011-8-2 03:54:57
Quazimortal posted:

-MrBean- posted:

Okay, let's say they are in it for the profit.

You still haven't come up with a reason why Valve should be able to trademark the name rather than Blizzard.



He didn't have to, I supplied a perfectly valid reason.


Quazimortal posted:

Because they were the first to do it?

Isn't that how it is suppose to work?



This is exactly right. Blizzard never tried to trademark the name until AFTER Valve did.

There is no grey area on that for sure.

The grey area (according to some) is if they should have been allowed to trademark it or not in the first place. I think a large part of Blizzard's case will rest on this point.

It could honestly go either way, but according to the EULA of Blizzard as stated above they technically do not own the DOTA name.

I think Blizzard makes some good products and all, but this is an obvious move for profit (and why not right?) in which they were simply too late to capitalize.

I'm with Valve on this one.

 

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Spookysheep  4 stars
Title: Lieker of Cheese
Posts: 1,248
Registered: 2002-1-9 06:49:19
After all, Donald Trump did try to trademark the phrase "ou're fired!"

 

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-MrBean-  2 stars
Title: Now With Extra Baldness
Posts: 357
Registered: 2001-5-23 14:15:00
kancle posted:

I think Blizzard makes some good products and all, but this is an obvious move for profit (and why not right?) in which they were simply too late to capitalize.

I'm with Valve on this one.



Sorry, I call BS on this. DOTA has been out what, 5 years now. Blizz is quite greedy, and in that time they would have had at least one patent guy say, "hey big boss, we could be making money if we trademarked this name."

I see this more as not allowing someone else to make profits off of what's not theirs.

Also, since Blizz is working on a DOTA, they probably feel it's pure bullcrap to have to pay some other company royalties to something they just trademark jumped.

The only difference here, is that it is a big company that did the trademark jumping, not some small company as usual.
Demorak  2 stars
Posts: 300
Registered: 2009-1-16 11:20:55
-MrBean- posted:

kancle posted:

I think Blizzard makes some good products and all, but this is an obvious move for profit (and why not right?) in which they were simply too late to capitalize.

I'm with Valve on this one.



Sorry, I call BS on this. DOTA has been out what, 5 years now. Blizz is quite greedy, and in that time they would have had at least one patent guy say, "hey big boss, we could be making money if we trademarked this name."

I see this more as not allowing someone else to make profits off of what's not theirs.

Also, since Blizz is working on a DOTA, they probably feel it's pure bullcrap to have to pay some other company royalties to something they just trademark jumped.

The only difference here, is that it is a big company that did the trademark jumping, not some small company as usual.



It's not Blizzard's trademark for them to stop someone from using it. First come, first serve......thems is the rules.

The bolded part is everything one needs to know about why Blizzard is trying to stop Valve.

MOBA's haven't been uber popular until recently, hence why Blizzard didn't feel any reason to try and trademark the name. Now they see how profitable the genre can be and it will put them in another/new spotlight for Pro Gaming(this is the real reason).

 

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-MrBean-  2 stars
Title: Now With Extra Baldness
Posts: 357
Registered: 2001-5-23 14:15:00
Demorak posted:

It's not Blizzard's trademark for them to stop someone from using it. First come, first serve......thems is the rules.



Funny, not always in the eyes of the law. Been plenty of trademarks that have been fought against and overruled.
kancle  1 star
Posts: 86
Registered: 2011-8-2 03:54:57
It could totally go either way, but Valve did trademark the name first.

I hope that they both get to release the game with their own names (whatever it may be) and a huge competition ensues. This would be good for the gamers more than anyone.

 

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Quazimortal  4 stars
Title: The One and Only
Posts: 1,557
Registered: 2004-9-18 21:52:58
-MrBean- posted:

Demorak posted:

It's not Blizzard's trademark for them to stop someone from using it. First come, first serve......thems is the rules.



Funny, not always in the eyes of the law. Been plenty of trademarks that have been fought against and overruled.



Perhaps you should start citing the circumstances behind those cases MrBean since you are so certain that you are correct? Or are you afraid that each one of those cases will do nothing to support your argument? Probably because there are legitimate reasons those people won their cases instead of the worthless argument of 'someone made a map named this specific thing on one of my games'?

 

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-MrBean-  2 stars
Title: Now With Extra Baldness
Posts: 357
Registered: 2001-5-23 14:15:00
first one that came up on a search:

http://www.pilates.com/BBAPP/V/company/press-room/Release-Lawsuit.html

Hell, Blizzard could even use that case for reference stating that "DOTA" is a too generic or broad of a term to be trademarked, and then list all the games out there that are DOTA playstyle.
Quazimortal  4 stars
Title: The One and Only
Posts: 1,557
Registered: 2004-9-18 21:52:58
-MrBean- posted:

first one that came up on a search:

http://www.pilates.com/BBAPP/V/company/press-room/Release-Lawsuit.html

Hell, Blizzard could even use that case for reference stating that "DOTA" is a too generic or broad of a term to be trademarked, and then list all the games out there that are DOTA playstyle.



Except that DOTA isn't a generic term at all so that case isn't relevant at all. Next?

 

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knight-of-ni
Posts: 9
Registered: 2004-5-29 15:06:08
Quazimortal posted:

Except that DOTA isn't a generic term at all so that case isn't relevant at all. Next?



His claim was shown and there's no need to provide a "next". First to file doesn't mean it won't be successfully challenged.

I'm also all for giving blizzard a punch in the nads for making a land grab on other's IP in wow plugins. This is more of their dirty tricks. It's like Microsoft claiming they own all programs that run on your computer if it's running windows or was written using notepad as the editor.

 

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