Author Topic: Blizzard, Valve Begin Legal War Over DOTA
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Subject: Blizzard, Valve Begin Legal War Over DOTA
http://pc.gamespy.com posted:I'm paraphrasing here, but Blizzard's response when it learned Valve trademarked "DOTA" in August 2010 was, "Not cool." A year-and-a-half later, Blizzard has evidently realized that politely expressing mild disappointment wasn't enough to dissuade Gabe Newell and company. Hence, this news: Blizzard has filed a Notice of Opposition against Valve's DOTA trademark and is seeking full control of all things Defense of the Ancients -- but Valve isn't giving up without a fight.

Rock Paper Shotgun directs us to Blizzard's DOTA legal filing with the United States Patent and Trademark Office (USPTO), which was submitted on November 16, 2011. In presenting its case, Blizzard outlines how the original Warcraft III mod first came about and argues that all things made in the game's World Editor are property of Blizzard as per its EULA.

"At all times, the DotA Mods have been marketed, advertised, and promoted as Warcraft III scenarios that require purchase and installation of Warcraft III and knowledge of Warcraft III's gameplay mechanics, user interface, and on-screen display," Blizzard states. "The fact that the DotA Mods are 'mods' of Warcraft III and that to be played the user must first purchase Warcraft III is well-known and well-publicized throughout the United States and the world."

And while Blizzard previously whimpered that Valve's DOTA trademark "just doesn't seem the right thing to do," it is using a bit more stern language in its legal filing.

"Valve [trademarked DOTA] for the purpose of appropriating Blizzard's goodwill in the DOTA Marks and in order to confuse consumers as to Blizzard's sponsorship, affiliation, or endorsement of Valve's products... Valve has no rights in or to the DOTA mark."

According to the USPTO, Valve filed its response to Blizzard's Notice of Opposition on December 22nd. In its filing, which is actually a slightly humorous read, Valve repeatedly admits that yes, Blizzard made Warcraft III, and yes, DOTA sprang from a Warcraft III mod, and yes Valve is a videogame developer and publisher... Valve then states that none of it means Blizzard has exclusive rights to the DOTA brand.

"Valve denies the use of DOTA marks by Valve and its predecessors in interest is under license from or for the benefit of Blizzard." That's legalese for "tough cookies."

What's next? As outlined by the USPTO, the lengthy discovery and disclosure process begins on the 24th, and runs through July 23. If the case continues past that point, the full process is scheduled to run through February 3, 2013.

And how about Valve's in-beta DOTA 2 and Blizzard's in-development Blizzard DOTA? At this point, it appears it will be one or the other. And if injunctions start flying around, things could get more contentious than a five-on-five multiplayer online battle arena fight.

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Conceited 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
I'm on Blizzards side for this one.

Mainly because DotA sucks.

And for the obvious reason it was a game allowed to continue by Blizzard using their engine etc. Valve should have done the smart thing and made the same game under a different name.

 

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Groooovechampion 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
Agreed.

But then again, I dislike Blizzard nowadays, but that is a personal matter.


AND THEN AGAIN; it is clear that DOTA is something BIG. I'm sure there would not be a lawsuit anticipation if had not to do with the moneytree and its falling leaves. But that was obvious wink


username posted:
things could get more contentious than a five-on-five multiplayer online battle arena fight


Please, no arena references, argh! grin It is a piece of WoW's ToA!

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
What the Hell is DOTA?

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Defense of the Ancients - the original WC3 mod pretty much gave birth to a new pvp map that has been used in tons of games since.

Blizzard pretty much wins this one, but I still hate our patent system. In this case, Valve just needs to pick a different name.

 

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The_KillSmith 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
I've been a huge Blizzard fan for a long time, but I have to admit that this is just Blizzard being butthurt that they turned down a great opportunity once upon a time. The intellectual property doesn't belong to them, they have nothing to do with it. Fans, never hired by Blizzard, created their idea as a mod that just happened to be based in the WC3 engine (and probably did a lot to boost sales for them to boot). Just like dozens of other mod teams before them on a smattering of other engines, when they decide to take it commercial they can do whatever the heck they want. [For reference, there have been mods created on Valve's engines before that went off to become commercial games on other engine licenses or underneath the umbrella of different companies. Valve never gave a shit, and neither has any other company in cases like this.] Eul (original creator) and Icefrog (which did more for DotA than anyone) decided to join up with Valve so they could make their vision a reality after Blizzard turned them down (all but confirmed fact). Most of the DotA community is behind them. This is just a result of the Activision merger finally bearing its fruits. Oh Blizzard, how you have fallen. Sad day indeed.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Would Blizzard have sued if Valve didn't trademark the name? The original story above suggests not.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Sounds like blizzard is QQ about a lot of things these days.

 

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Demorak 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
Definitely not on Blizzards side with this.

They only seemed to start caring now that game is close to full fruition and seeing how big the MOBA genre is getting on the professional scene. They didn't give 2 ishts about the genre over the last 8ish years, now all of a sudden they care?

They were not the ones who coined the term DOTA, so they should have no control over how/where it is used. Sorry, I can't be on board with a company that thinks they own any rights to a term that was coined in their game, but own no actual rights to.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Demorak posted:
They were not the ones who coined the term DOTA, so they should have no control over how/where it is used. Sorry, I can't be on board with a company that thinks they own any rights to a term that was coined in their game, but own no actual rights to.




As soon as the map was labeled Defense Against The Ancients, or DOTA, it became Blizzards. It's clearly stated in the EULA for WC3, all map mods and intellectual property created using the WC3 editor and engine belongs to Blizzard. See below:

WC3 EULA posted:
YOU ACKNOWLEDGE AND AGREE THAT ALL MAPS, LEVELS AND OTHER CONTENT CREATED OR MODIFIED USING THE MAP EDITOR (COLLECTIVELY, “MODIFIED MAPS”) ARE AND SHALL REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF BLIZZARD. WITHOUT LIMITING THE FOREGOING, YOU HEREBY ASSIGN TO BLIZZARD ALL OF YOUR RIGHTS, TITLE AND INTEREST IN AND TO ALL MODIFIED MAPS, AND AGREE THAT YOU WILL EXECUTE FUTURE ASSIGNMENTS PROMPTLY UPON RECEIVING SUCH A REQUEST FROM BLIZZARD. As far as an assignment is not possible or is not possible on a worldwide basis, you hereby grant to Blizzard an exclusive, irrevocable, royalty-free, assignable and sublicensable, temporally and geographically unlimited right to use the Modified Maps for any purpose and in any way. This granting of rights includes, but is not limited to, the right to reproduce, distribute and publish the Modified Maps and to make the Modified Maps available to the public, in particular through the Service with the possibility of third parties to use, edit or modify the Modified Maps. The right to use the Modified Maps includes all types of uses unknown at the time of granting the rights. It is granted for an indefinite period of time and without any territorial restrictions. The right may be assigned or sublicensed to third parties without any restrictions.

 

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sarnsereg 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
I'm completely on Blizzards side for this one. DOTA is one of two things in my mind - a blizzard product... or one that can't be owned by anyone but the gaming commnity at large.

face it, DOTA was a warcraft 3 mod. it existed because of a blizzard product, and was ALLOWED to exist through a blizzard product. anyone who's ever worked on a mod for a game such as warcraft 3, starcraft 2, half life, etc. etc. has to know that ANYTHING they make is owned by the company that made the original game. now some companues can be really cool about it like valve with counter strike. the guys who made counter strike could have gotten nothing out of it but because valve saw the potential they paid them for their work.

another good thing to look at is the fact that games like league of legends is out there and don't claim to be "dota" but when a friend asked some of us who were playing it what it was we just said "its like dota" and he understood.

without warcraft 3 there is no "dota" the term/name doesn't exist as a game without it. so how can you claim it as your own? if valve wins they could make "dota" in warcraft 3 be essentially turned off for infringing(sp?) on their name. there's just no way that is right.

you don't have to like blizzard, you may not even want blizzard to win. but you can't say that valve really has any claim to the name. some people say they have one of the original people who made it.. what about the others? they aren't with valve on the issue.


also - i don't think blizzard would have sued if valve didn't try to trademark it. why? because they were already working on a direct competitor called blizzard dota. they've been working on it for probably 2 years now. you'd think they woulda brought it up a couple years ago that "hey! we own dota" back then and not only once valve went after the name.

personally i think dota should just be considered a community name. a term to describe a genre that i guess is also called a moba.. but dota is just a term most gamers know.

 

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Demorak 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
You may want to read the first line of the EULA you quoted again.

Last I checked Valve isn't using the editor or the engine that created the mod. That is all the EULA claims to cover legal ownership of. They own the mod and assets used to create said mod, whilst using the editor.

(YOU ACKNOWLEDGE AND AGREE THAT ALL MAPS, LEVELS AND OTHER CONTENT CREATED OR MODIFIED USING THE MAP EDITOR (COLLECTIVELY, “MODIFIED MAPS”) ARE AND SHALL REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF BLIZZARD.)

They don't own the terminology DOTA or the style of gameplay. If they did, Valve wouldn't even be using it to begin with.

Blizzard is plain and simple, trying to cockblock Valve from using the terminology so they can use it for themselves.

Of course, I don't think Valve will win in this case, but I do side with them.

P.S. For the record, I am no Blizzard hater.

 

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sarnsereg 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
Demorak posted:
You may want to read the first line of the EULA you quoted again.

Last I checked Valve isn't using the editor or the engine that created the mod. That is all the EULA claims to cover legal ownership of. They own the mod and assets used to create said mod, whilst using the editor.

(YOU ACKNOWLEDGE AND AGREE THAT ALL MAPS, LEVELS AND OTHER CONTENT CREATED OR MODIFIED USING THE MAP EDITOR (COLLECTIVELY, “MODIFIED MAPS”) ARE AND SHALL REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF BLIZZARD.)

They don't own the terminology DOTA or the style of gameplay. If they did, Valve wouldn't even be using it to begin with.

Blizzard is plain and simple, trying to cockblock Valve from using the terminology so they can use it for themselves.

Of course, I don't think Valve will win in this case, but I do side with them.

P.S. For the record, I am no Blizzard hater.


they don't own the style of game play. what they do own is the map. and the map is called "defense of the ancients" aka DOTA... hence they own dota. i just don't see how valve has any case of owning the name.

in fact, as weak as it may be, they may own the dota/moba gameplay too since that first line also says "other content" which would be the style of gameplay. i don't see them going after it and would be dumb to do so imo. anyways.. the name of the map and "terminology" would fall under the map, levels and other content.

 

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Demorak 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
I was not aware Valve used an exact replica, pixel for pixel, of the map created for DOTA and that the DOTA 2 map was created and modified using the WC3 editor.

That EULA seems pretty cut and dry to me.

The map is not the reason for this lawsuit though, the name is. To which they own no legal rights to, or they wouldn't be trying to trademark something similar themselves.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
I can't see how they could coopt a name of a mod. I mean, how many WC3 mods were named something already trademarked elsewhere? A quick troll through the maps and mods shows some named Naruto, Fantasia, Tom & Jerry, Castlevania, Left 4 Dead, Dragon Ball Z, Pokemon, Underworld, LoTR, Star Trek, Star Wars, etc.

Really? They gonna try to trademark any of these? I'm thinking this is gonna turn into a(nother) huge /facepalm moment for Blizzard.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Ugh_Lancelot posted:
I can't see how they could coopt a name of a mod. I mean, how many WC3 mods were named something already trademarked elsewhere? A quick troll through the maps and mods shows some named Naruto, Fantasia, Tom & Jerry, Castlevania, Left 4 Dead, Dragon Ball Z, Pokemon, Underworld, LoTR, Star Trek, Star Wars, etc.

Really? They gonna try to trademark any of these? I'm thinking this is gonna turn into a(nother) huge /facepalm moment for Blizzard.


But in turn, what right does Valve have to trademark the name? That is really what is at issue here.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
-MrBean- posted:
Ugh_Lancelot posted:
I can't see how they could coopt a name of a mod. I mean, how many WC3 mods were named something already trademarked elsewhere? A quick troll through the maps and mods shows some named Naruto, Fantasia, Tom & Jerry, Castlevania, Left 4 Dead, Dragon Ball Z, Pokemon, Underworld, LoTR, Star Trek, Star Wars, etc.

Really? They gonna try to trademark any of these? I'm thinking this is gonna turn into a(nother) huge /facepalm moment for Blizzard.


But in turn, what right does Valve have to trademark the name? That is really what is at issue here.


Because they were the first to do it? laugh

Isn't that how it is suppose to work?

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
As far as I can tell, DOTA is used in a lot of pvp style deathmatch games, and Blizzard doesn't care. What they do care about is someone trying to trademark it like it belongs to them. This I can agree with 100%!

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Sprawl-zero1eye- posted:
As far as I can tell, DOTA is used in a lot of pvp style deathmatch games, and Blizzard doesn't care. What they do care about is someone trying to trademark it like it belongs to them. This I can agree with 100%!


to a degree that's my stance. if i have to choose a side i'll pick blizzards, but in all honesty it's more of a "i don't think valve should be able to" mentality. i still think blizzards case to own the name is greater than valve's.

blizzard has a long list of reasons why DOTA should belong to them.. valve has the fact they filed for it first. not really a fair fight if you ask me and heavily in blizzards favor.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
I think Valve gave Blizzard ample time to trademark it themselves. It isn't like DOTA is brand new or anything.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Blizzard isnt wanting the name nor the rights to the game but is fighting to make sure that Valve isnt allowed full rights. Blizzard wants it to be an open domain of game so that no one can claim it.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
vn_vigilante66 posted:
Blizzard isnt wanting the name nor the rights to the game but is fighting to make sure that Valve isnt allowed full rights. Blizzard wants it to be an open domain of game so that no one can claim it.


What are the grounds for keeping something open domain? I honestly have no idea.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
vn_vigilante66 posted:
Blizzard isnt wanting the name nor the rights to the game but is fighting to make sure that Valve isnt allowed full rights. Blizzard wants it to be an open domain of game so that no one can claim it.


You really think Blizzard's main motive is to keep it open domain? I'm sure on paper that is their argument, but we all know it's about them being out of the money_eyes if Valve gets the trademark on it.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Demorak posted:
vn_vigilante66 posted:
Blizzard isnt wanting the name nor the rights to the game but is fighting to make sure that Valve isnt allowed full rights. Blizzard wants it to be an open domain of game so that no one can claim it.


You really think Blizzard's main motive is to keep it open domain? I'm sure on paper that is their argument, but we all know it's about them being out of the money_eyes if Valve gets the trademark on it.


Your argument doesn't make sense. Blizzard isn't making money off it currently.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
-MrBean- posted:
Demorak posted:
vn_vigilante66 posted:
Blizzard isnt wanting the name nor the rights to the game but is fighting to make sure that Valve isnt allowed full rights. Blizzard wants it to be an open domain of game so that no one can claim it.


You really think Blizzard's main motive is to keep it open domain? I'm sure on paper that is their argument, but we all know it's about them being out of the money_eyes if Valve gets the trademark on it.


Your argument doesn't make sense. Blizzard isn't making money off it currently.

Nice caveat "currently" there.

http://seekingalpha.com/article/306409-activision-blizzard-s-ceo-discusses-q3-2011-results-earnings-call-transcript

MikeMorhaime posted:
In addition to Heart of the Swarm, the StarCraft development team has been hard at work on a new free-to-play online game, Blizzard DOTA. This game was created by our development team using the StarCraft II engine, and we debuted a new version of it at BlizzCon. Blizzard DOTA drew a lot of positive interest from press who attended the show and will be our entry into an increasingly popular genre of online games. Similar games in the market operate on a free-to-play basis with micro-transaction elements. With that in mind, we're currently exploring what type of business model will work best for Blizzard DOTA, and look forward to sharing more information about the game in the near future.

You might be thinking "Oh, well it's F2P in that presser, too." True, but if you think they'd make an entire game F2P without monetizing it somehow...

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Ugh_Lancelot posted:

Nice caveat "currently" there.

http://seekingalpha.com/article/306409-activision-blizzard-s-ceo-discusses-q3-2011-results-earnings-call-transcript

MikeMorhaime posted:
In addition to Heart of the Swarm, the StarCraft development team has been hard at work on a new free-to-play online game, Blizzard DOTA. This game was created by our development team using the StarCraft II engine, and we debuted a new version of it at BlizzCon. Blizzard DOTA drew a lot of positive interest from press who attended the show and will be our entry into an increasingly popular genre of online games. Similar games in the market operate on a free-to-play basis with micro-transaction elements. With that in mind, we're currently exploring what type of business model will work best for Blizzard DOTA, and look forward to sharing more information about the game in the near future.

You might be thinking "Oh, well it's F2P in that presser, too." True, but if you think they'd make an entire game F2P without monetizing it somehow...


applause

It's simple:

Valve gets the trademark for DOTA, then Blizzard is no longer the sole entity that DOTA is tied to, thus losing out on LOTS of profit.

Blizz cockblocks Valve over the trademark, then they have full reigns to all the profits that the name would bring in.

It's delusional to think that Blizzard isn't in this to make sure they get the profit.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Demorak posted:
Ugh_Lancelot posted:

Nice caveat "currently" there.

http://seekingalpha.com/article/306409-activision-blizzard-s-ceo-discusses-q3-2011-results-earnings-call-transcript

MikeMorhaime posted:
In addition to Heart of the Swarm, the StarCraft development team has been hard at work on a new free-to-play online game, Blizzard DOTA. This game was created by our development team using the StarCraft II engine, and we debuted a new version of it at BlizzCon. Blizzard DOTA drew a lot of positive interest from press who attended the show and will be our entry into an increasingly popular genre of online games. Similar games in the market operate on a free-to-play basis with micro-transaction elements. With that in mind, we're currently exploring what type of business model will work best for Blizzard DOTA, and look forward to sharing more information about the game in the near future.

You might be thinking "Oh, well it's F2P in that presser, too." True, but if you think they'd make an entire game F2P without monetizing it somehow...


applause

It's simple:

Valve gets the trademark for DOTA, then Blizzard is no longer the sole entity that DOTA is tied to, thus losing out on LOTS of profit.

Blizz cockblocks Valve over the trademark, then they have full reigns to all the profits that the name would bring in.

It's delusional to think that Blizzard isn't in this to make sure they get the profit.


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.

 

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Nestor_II 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
If Blizzard wins maybe they can put their A-Team back in charge of WoW, the B-team has done enough damage.

 

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Quazimortal 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
-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? laugh

Isn't that how it is suppose to work?


Quazimortal posted:
I think Valve gave Blizzard ample time to trademark it themselves. It isn't like DOTA is brand new or anything.

 

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Sprawl-zero1eye- 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
Imagine if every game that had a Deathmatch map had to pay Id...

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Quazimortal posted:
[quote=-MrBean-]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? laugh

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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Subject: Blizzard, Valve Begin Legal War Over DOTA
After all, Donald Trump did try to trademark the phrase "You're fired!"

 

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-MrBean- 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
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.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
-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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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.

 

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kancle 
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Subject: Blizzard, Valve Begin Legal War Over DOTA
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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-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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Subject: Blizzard, Valve Begin Legal War Over DOTA
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.

 

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-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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Subject: Blizzard, Valve Begin Legal War Over DOTA
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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knight-of-ni posted:
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.



Wtf are you talking about? I don't think you even understand what this conversation is about so do yourself a favor and don't comment again.

 

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Quazimortal posted:
Wtf are you talking about? I don't think you even understand what this conversation is about so do yourself a favor and don't comment again.


Clearly you have trouble following your own thread. I'll break it down for you, but I suspect logic will roll off you like water on a duck.

-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.

Demorak stated "first come first serve" regarding trademarks.
MrBean responded "Not always".

You got all snippy.

MrBean then, at your request, provided an example (of several) of someone filing a trademark and it being overturned despite being filed first.

This isn't personal, you're just being snippy. You sound like a child.

If you want to discuss an actual issue of trademark law and how it can screw things up especially when an 800lb gorilla starts swinging his roomful of lawyers, fine... let's do that. But if you're going to throw a tantrum like this is your sandbox whenever someone disagrees with you, I'll be happy to move along and discuss it with others who can talk like adults.

 

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knight-of-ni posted:
Blah frickin' blah! I'm gonna make myself sound like I know wtf I'm talking about when obviously I'm just jumping in here to throw around insults instead of join the actual conversation.


Yeah, that is the impression I got from your other post I was just making sure. Roger! peace

 

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I never insulted you until after your little tantrums. Don't pretend you're being the adult now.

As I said I'm happy to talk about problems of trademark regs. Someone even trademarked Linux. There are plenty of problems and blizzard tends to try to claim ownership over creative things they have not created.

As such I support valve's position but not because they trademarked it first.

 

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knight-of-ni posted:
I never insulted you until after your little tantrums. Don't pretend you're being the adult now.

As I said I'm happy to talk about problems of trademark regs. Someone even trademarked Linux. There are plenty of problems and blizzard tends to try to claim ownership over creative things they have not created.

As such I support valve's position but not because they trademarked it first.


I've already conceded earlier in this thread that there are circumstances which would allow someone to take control of a trademark but they always require specific circumstances, otherwise the person who trademarks it first wins. Since someone so kindly posted the relevant EULA clauses you can clearly see that Blizzard owns the map itself and the mod used to make it, but they have absolutely no claim to the name of the map. From what I can tell we agree but your post that I rudely replied to made it sound like you disagreed with me for a reason that made no sense in that regard.

 

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Listen. If Blizzard hasn't laid claim to the patent of DOTA until now then tough. Whenever someone tries to capitalize on an idea that has been based on something else; everyone screams PATENT TROLL! Grow up Blizz. Give Valve a break.

 

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Who cares if they capitalize on it? Just don't try to claim it as your own.

How do you think the community would react if Ubuntu tried to claim Linux and sue all of the other distros?

 

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I think I'm going to trademark the Sprawl name. :P

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Sprawl-zero1eye- posted:
Who cares if they capitalize on it? Just don't try to claim it as your own.

How do you think the community would react if Ubuntu tried to claim Linux and sue all of the other distros?

Analogy fail. What it would be like is if Ubuntu tried to claim Ubuntu as a trademark. OH WAIT.

http://www.ubuntu.com/aboutus/trademarkpolicy

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Ugh_Lancelot posted:
Sprawl-zero1eye- posted:
Who cares if they capitalize on it? Just don't try to claim it as your own.

How do you think the community would react if Ubuntu tried to claim Linux and sue all of the other distros?

Analogy fail. What it would be like is if Ubuntu tried to claim Ubuntu as a trademark. OH WAIT.

http://www.ubuntu.com/aboutus/trademarkpolicy



Umm no, yours would be like if Blizzard Entertainment tried to trademark Blizzard Entertainment. OH WAIT.

Sprawl's analogy was correct. His is referencing someone trademarking something created through a platform, whereas yours is trademarking the platform itself.

DOTA is not the platform. peace

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
I don't think blizzard has a chance on this. Keep in mind there were final fantasy mods, star wars mods, dungeons and dragons mods, etc made for Warcraft 3. Blizzard can't claim copyright because those were made using those tools. They may own the maps themselves but that doesn't give them right to an IP just because it started inside of an editor. blizzard just thought of the idea a little late I think.

 

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Subject: Blizzard, Valve Begin Legal War Over DOTA
Demorak posted:
Ugh_Lancelot posted:
Sprawl-zero1eye- posted:
Who cares if they capitalize on it? Just don't try to claim it as your own.

How do you think the community would react if Ubuntu tried to claim Linux and sue all of the other distros?

Analogy fail. What it would be like is if Ubuntu tried to claim Ubuntu as a trademark. OH WAIT.

http://www.ubuntu.com/aboutus/trademarkpolicy



Umm no, yours would be like if Blizzard Entertainment tried to trademark Blizzard Entertainment. OH WAIT.

Sprawl's analogy was correct. His is referencing someone trademarking something created through a platform, whereas yours is trademarking the platform itself.

DOTA is not the platform. peace

Read that again.

Canonical(3rd-party company), Linux(platform), Ubuntu(modification built on platform).
Valve(3rd-party company), WC3(platform), DOTA(modification build on platform).

Canonical did not invent Linux but they did trademark Ubuntu without copyrighting Linux.

 

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