"Pwnage" Controversy - Futuremark Responds

[YG_Bot]

Our friends at Kotaku (among others) made a big fuss about a USPTO Trademark application by Futuremark. Apparently some people have confused trademarks with patents and the copyright law.


Read entire article: http://www.yougamers.com/news/17930_...emark_responds

[TheMaTrIx]

Well, people on the boards here were confused too. The explination given in the other suffices imho. Your just making sure the word is safe and no n00bs can pwn Futuremark by TMing it after you've used it for a game or slogan.

Everybody repeat after me: A trademark is not a patent nor a copyright.

[Mania]

Originally Posted by TheMaTrIx

Well, people on the boards here were confused too. The explination given in the other suffices imho. Your just making sure the word is safe and no n00bs can pwn Futuremark by TMing it after you've used it for a game or slogan.

Since when can you trademark something already in use? Last I heard - you couldn't.

[eRacer]

Originally Posted by Mania

Since when can you trademark something already in use? Last I heard - you couldn't.

I believe you would be wrong based on these trademarks:

ROFL
LOL
WTF
OMG
FTW
Pwned
noob

You can find them all here.

[Maddog007]

Big slam by hardocp....


This is in reference to a story that Terry posted this weekend about MadOnion, er Futuremark and it applying for a trademark on the word “Pwnage.” Futuremark let us know that Futuremark Games Studio’s Jukka Makinen had made a post in regards to this.

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

That is nice to know since there is no way in hell Futuremark or its gaming studios can charge you a damn thing to begin with for using a term that BELONGS TO THE COMMUNITY. There is no doubt in my mind that should even a little bit of legal resistance be given to the trademark application, that it could be defeated. Futuremark has made a business out of selling YOUR information about YOUR computers for years now. It does not surprise me that they now think they should have legal right to a commonly used word in the enthusiast and gaming communities. Their rationale of trade marking it before the “bad guys” do is bullshit on its best day. Futuremark plans to use the term in an upcoming title, it wants to protect "its property," and it is that simple. It intends to profit from this commonly used term. At least if you can’t be original, do not try to own what is community property. I am sure the uninformed at the patent office will not identify this unless the mark is disputed. So take that and “suck it down.” Maybe this makes another top 25 dumbest moments in gaming? And no, I am not going to pay John “my bitch” Romero for typing that.







Ouch!

[eRacer]

Originally Posted by Maddog007

That is nice to know since there is no way in hell Futuremark or its gaming studios can charge you a damn thing to begin with for using a term that BELONGS TO THE COMMUNITY. There is no doubt in my mind that should even a little bit of legal resistance be given to the trademark application, that it could be defeated. Futuremark has made a business out of selling YOUR information about YOUR computers for years now. It does not surprise me that they now think they should have legal right to a commonly used word in the enthusiast and gaming communities. Their rationale of trade marking it before the “bad guys” do is bullshit on its best day. Futuremark plans to use the term in an upcoming title, it wants to protect "its property," and it is that simple. It intends to profit from this commonly used term. At least if you can’t be original, do not try to own what is community property.

Community property? What community is that? A community of 3D gamers? Oops. "3D Gamers" is a registered trademark that Kyle didn't save for "the community". Perhaps Kyle is a "PC Gamer" instead. Nope... "PC Gamer" is yet another registered trademark he didn't protect for "the community" of gamers. Are there hardcore gamers at HardOCP? I hope not because "hardcore gamer" is trademarked, along with the more general "gamer" and "gamers". Where was noble Kyle when we needed him to protect "the community" that does the "you know what" on their computers when they needed him most?

[Lith1um]

I hit Hocp several times a day, it's a great source of news and the forums are a good source of info. But it's no secret the forums are infested with teens/geeks on a testosterone fueled rage. Kyle likes it that way because those types of people are already looking for a leader to follow, so they are easily moved toward righteous indignation.

Kyle has had an axe to grind against futuremark for years. First and foremost [H]ardocp is a business. Kyle is making a grab for more page hits.

No different than his previous attempts at using 3dmark as a stepping stone to further his position and ego. Most of the people in his forums won't/don't see it, but it's plain as daylight to a casual observer.

It's all a bunch of sanctimonius b.s., there are thousands of products named after everyday words. I wonder if Ford has trademarked "Mustang"? I wonder if "Valve" has trademarked "Steam", or the word "Valve" for that matter?

[Batesd]

This all seems incredibly silly

[eRacer]

Originally Posted by Lith1um

It's all a bunch of sanctimonius b.s., there are thousands of products named after everyday words. I wonder if Ford has trademarked "Mustang"? I wonder if "Valve" has trademarked "Steam", or the word "Valve" for that matter?

Mustang, Valve and Steam can all be found in the Trademark Electronic Search System