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TheMaTrIx
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2008-03-04
#1
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| 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. |
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Unregistered
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2008-03-04
#2
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| Everybody repeat after me: A trademark is not a patent nor a copyright. |
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Mania
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2008-03-04
#3
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Quote:
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.
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Since when can you trademark something already in use? Last I heard - you couldn't. |
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eRacer
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2008-03-04
#4
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Quote:
Originally Posted by Mania
Since when can you trademark something already in use? Last I heard - you couldn't.
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I believe you would be wrong based on these trademarks:
ROFL
LOL
WTF
OMG
FTW
Pwned
noob
You can find them all here. |
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Maddog007
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2008-03-04
#5
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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! |
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eRacer
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2008-03-04
#6
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Quote:
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.
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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? |
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Lith1um
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2008-03-04
#7
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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? |
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Batesd
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2008-03-04
#8
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This all seems incredibly silly  |
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eRacer
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2008-03-04
#9
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Quote:
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?
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Mustang, Valve and Steam can all be found in the Trademark Electronic Search System |
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Lith1um
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2008-03-05
#10
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I knew they would be.  |
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ThePhunkyOne
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2008-03-05
#11
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I guess people are more willing to jump on the "OMG YOU CAN'T DO THAT!!" band wagon before actually looking at the differences between a trademark, copyright and patent.
Oh well, can't say i'm surprised, surely you would have seen this bad press coming a mile away though FM? |
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TheCoProxamolKid
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2008-03-05
#12
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Quote:
Originally Posted by ThePhunkyOne
Oh well, can't say i'm surprised, surely you would have seen this bad press coming a mile away though FM?
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But then you know what they say about bad press...
It's all exposure at the end of the day. Who knows, the guys get famous enough they could be on the next celebrity Big Brother! |
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Mania
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2008-03-05
#13
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Quote:
Originally Posted by eRacer
I believe you would be wrong based on these trademarks:
ROFL
LOL
WTF
OMG
FTW
Pwned
noob
You can find them all here. |
I was replying to the above comment, stating that it's a preemptive thing. "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."
As far as I am still -aware-, someone else can't TM a word that you're already using to market a product, and expect to cause you any difficulties.
Of course, I know little of trademark law. ;) |
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eRacer
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2008-03-05
#14
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Quote:
Originally Posted by Lith1um
I knew they would be. |
But some others may not have realized it was a rhetorical question. |
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Unregistered
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2008-03-05
#15
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My bet is that Futuremark Games Studio is going to release a game named Pwnage. So trademarking "Pwnage" is quite normal. I think Sacrifice, Messiah, Prey, Doom, etc. are all trademarks by now?
However the explanation of the topic news doesn't make much sense, since they don't want to openly admit their "secret" game-n-the-working will be named Pwnage just yet I guess. |
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