Futuremark responds to "Pwnage" trademark controversy

[Judge_Magister]

Originally Posted by JMakinen

Fellow gamers,

Our purpose in filing for trademark on the name "Pwnage" is not to charge money or stop people from using the expression. That's not what a trademark is for. Instead, we want to protect ourselves from squatters (or what I call campers) - people looking to trademark the name on false pretenses, just to make a claim against Futuremark Games Studio for its use.

Jukka Mäkinen, Executive Producer, Futuremark Games Studio

I have been considering using the word Pwnage in a future game I plan to make. Now does this mean I would not be able to use the term without paying Futuremark some of kind of fee? Or would I be able to still use this word even in a possibly commercial game just the same as if had not been trademarked and use the term without any repercussions, this includes any fees before or after publication, of any kind from Futuremark or any other affiliated company or division of Futuremark Corporation?

[scoobs]

Originally Posted by Judge_Magister

I have been considering using the word Pwnage in a future game I plan to make. Now does this mean I would not be able to use the term without paying Futuremark some of kind of fee? Or would I be able to still use this word even in a possibly commercial game just the same as if had not been trademarked and use the term without any repercussions, this includes any fees before or after publication, of any kind from Futuremark or any other affiliated company or division of Futuremark Corporation?

Seems quite simple to me. You didn't trademark the word so you can't use it to describe\advertise\call a product similar to that under the trademark that FM has claimed it for. This is the exact reason why FM has trademarked it. I don't see what the big deal is. Seems like you just got pwned. :P

[besalope]

Originally Posted by scoobs

Seems quite simple to me. You didn't trademark the word so you can't use it to describe\advertise\call a product similar to that under the trademark that FM has claimed it for. This is the exact reason why FM has trademarked it. I don't see what the big deal is. Seems like you just got pwned. :P

Careful scoobs, depending on the wording of that TM you might owe FM a royalty for using their TM'd word.

[fatfonzie]

So FM is really gonna Ownage Pwnage?

[Marvin_The_Martian]

Originally Posted by besalope

Careful scoobs, depending on the wording of that TM you might owe FM a royalty for using their TM'd word.

You can use the words as much as you want personally. If you make a game and tell everyone the game inflicts pwnage upon it's competitors, that's ok to afaik...

But if you then go to a pr department and have them come up with an advertising campaign which includes Pwnage in the adds or product description, then you're in trouble.

As simple as that, FTW is also trademarked and who has been sued for using that?

[zortoflaven]

As pointed out somewhere it's no more silly than "Steam" or "Valve".

[RainWind]

Originally Posted by zortoflaven

As pointed out somewhere it's no more silly than "Steam" or "Valve".

Trademarking a word like pwnage is silly. Same applies to noobs, ftw, wtf, and other such leet speak. Steam is the name of Valve's distribution client. Valve is the name of the company.

Unless FM plans to change the gaming site to YouPwnage, or release "Pwnage Mark 08", trademarking that word is silliness. I just don't see how they can release a product associated with the word Pwnage without people laughing at it. I would never take FM seriously if they released a game or benchmark entitled "Pwnage".

I just fail to see how the word Pwnage could be used and not make FM look like a company run by ZOMG 12 YEAR OLDS WITH ADD. I'm more worried that they're actually planning to make use of the word in such a way that they're getting it trademarked. That's just scary.


Pwnage

Entertainment services, namely, providing online computer games provided via network between communications networks and computers; providing on-line computer games; providing on-line games; providing temporary non-downloadable use of interactive games and video games from databases on web sites, a global computer information network, and from mobile and cellular phones and personal digital assistants

[akinkhoo]

Futuremark Pwnage(tm) 2008

i actually think this is cool. we all remember what happened to google with gmail. I would actually consider that as wise even if they don't use it.

[Judge_Magister]

Originally Posted by scoobs

Seems quite simple to me. You didn't trademark the word so you can't use it to describe\advertise\call a product similar to that under the trademark that FM has claimed it for. This is the exact reason why FM has trademarked it. I don't see what the big deal is. Seems like you just got pwned. :P

I would not use the word to advertise. The general outline of the game is a parody of major internet phenomena. As such I may use the word in dialogue between characters in the game or I may use it as the name of an organization within the game. The game would also not be called Pwnage for sure. I can't think of a situation in which this game would be described in an advertisement campaign using the word Pwnage in less I ended up naming an organization within the game Pwnage and mentioning said organization during a description of the game. Also there is the possibility that due to what the outline is of the game I would like to be able to poke fun at Futuremark trade marking the word. I would I be able to do this as long as I did not directly mention Futuremark's name for instance consider the dialogue "They are like those guys that trademarked pwnage" of course that is just a sample actual dialogue will not be that bland. Could I mention the actual name Futuremark as long as I did not refer to them in a context that relates to what Futuremark does? Like for instance using Futuremark as the name of a kingdom in the game? Anyways not sure if my methods above count for infringing on their trademark of the word. And thanks for the help.

[guezz]

Originally Posted by Judge_Magister

I would not use the word to advertise. The general outline of the game is a parody of major internet phenomena. As such I may use the word in dialogue between characters in the game or I may use it as the name of an organization within the game. The game would also not be called Pwnage for sure. I can't think of a situation in which this game would be described in an advertisement campaign using the word Pwnage in less I ended up naming an organization within the game Pwnage and mentioning said organization during a description of the game. Also there is the possibility that due to what the outline is of the game I would like to be able to poke fun at Futuremark trade marking the word. I would I be able to do this as long as I did not directly mention Futuremark's name for instance consider the dialogue "They are like those guys that trademarked pwnage" of course that is just a sample actual dialogue will not be that bland. Could I mention the actual name Futuremark as long as I did not refer to them in a context that relates to what Futuremark does? Like for instance using Futuremark as the name of a kingdom in the game? Anyways not sure if my methods above count for infringing on their trademark of the word. And thanks for the help.

Originally Posted by Futuremark

computers; computer peripherals; computer programs for use in the design, development and analysis of other software programs; computer software for computer performance measurement; computer software to assist consumers in selecting computer hardware for purchase via the global computer network; and computer software for the design and analysis of graphical demonstration software

It only applies for the conditions listed in the approved trademark, so yes, it would be ok.

Here is a much easier one:

Originally Posted by COCA-COLA

Non-alcoholic beverages, namely, carbonated soft drinks; syrups and concentrates for making beverages, namely carbonated soft drinks