Valve - DoTA

[TehMac]

alright, well in that case, let me bust out a copy of intellectual property clauses and laws we all can whack off to.

 

[gorcorps]

I thought you couldn't trademark something, or could lose a trademark, if it entered into common use.
I would think that since DoTA was never trademarked befor enow, it's not basically common use as a term for a certain type of game, so it might be quite difficult to get a trademark for it now.

http://en.wikipedia.org/wiki/Genericized_trademark


The fact that there is no trademark and it's already become generic means it might be difficult to now successfully get a trademark for it.

That's pretty much true, but I can't imagine enough people knowing what DoTA means to consider it in general use.

Either way, I don't see the original mod creators getting a trademark. At most Valve will get it because they have the actual use for it. At the least it'll be in the general use area like you said and nobody gets it.

at this point Idk why you guys are arguing over the dumbest shit.

Who gives a flying crap if Valve patents DOTA other than the fact they'll be making (presumably) an RTS game (their first??)

You guys are arguing over incredibly banal shit like copyright law. How many bloody laws and regulations exist about trademarks and IPs etc? Tons.

If someone takes a fucking issue with it, they'll fight it/sue Valve. Until then, any discussion about this other than the gameplay/game is incredibly futile and a massive waste of everyone's time who comes to this thread looking for stories/updates about the actual Game

Did you read the OP? The topic originated by talking about the trademark. If you don't like it then ignore the topic instead of stomping your feet like a toddler.

 

[zebano]

at this point Idk why you guys are arguing over the dumbest shit.

Who gives a flying crap if Valve patents DOTA other than the fact they'll be making (presumably) an RTS game (their first??)

You guys are arguing over incredibly banal shit like copyright law. How many bloody laws and regulations exist about trademarks and IPs etc? Tons.

If someone takes a fucking issue with it, they'll fight it/sue Valve. Until then, any discussion about this other than the gameplay/game is incredibly futile and a massive waste of everyone's time who comes to this thread looking for stories/updates about the actual Game

As crownjules pointed out they're making a MOBA style game not a RTS.

 

[MJinZ]

I'm actually surprised that Blizzard doesn't include something in their software license agreement that gives them rights to anything created using their map editor and distributed via Battle.net.

They don't need anymore money.

 

[ussfletcher]

I'm actually surprised that Blizzard doesn't include something in their software license agreement that gives them rights to anything created using their map editor and distributed via Battle.net.

I believe that they do, but don't invoke that authority for fear of alienating their consumer-base.

 

[xCxStylex]

What does MOBA mean?

As crownjules pointed out they're making a MOBA style game not a RTS.

 

[xCxStylex]

Wow. Holy shit. Granted, I never read EULAs, but I'm both surprised and not surprised by this.

Whether blizzard would own the name or not, I agree with ^ above poster that Blizzard wouldn't try to copyright for fear of alienating their players. Boy I'd be pissed if Blizzard tried to take the DOTA name though. Blizzard has always praised dota as what is possible with the Map/Scenario maker, so I don't think they'd steal it.

I believe that they do, but don't invoke that authority for fear of alienating their consumer-base.

I'm surprised no one has brought up how neither Valve nor LoL or HoN or whatever have the rights to the name DoTa. It's blizzard who I think owns the right to the title. Its stated in the EULA that all custom maps made for W3 are technically the property of Blizzard. Granted, Blizzard can't patent a whole mode of gaming but I'm inclined to think they could very successfully argue they "own" DoTa at least the versions on W3 plus the name.

That said, it'd be pretty stupid for them to get involved in the matter what with two very well established cash cows in WoW and SC2.

On topic, I'm surprised Valve is trying to patent the name "DoTa". I'd 100% rather they came up with something more original like what LoL did to an extent. Nonetheless, I think Valve will probably win this one or settle it out of court (i.e. they can call the game DoTa but make no claim on owning the whole genre colloquially called "Dota")

 

[xCxStylex]

Also, I wanted to point out that the Kotaku link misses an important piece of information.

Riot Games is NOT filing for the copyright.

I quote

"We [Dota-Allstars, LL--the company run by Pendragon] have filed for the “Defense of the Ancients” trademark to protect the work that dozens of authors have invested to create the game and on behalf of the millions of DotA players all over the world. "

That's Guinsoo and Pendragon's company, the now defunct website dota-allstars.com. It's not Riot Games that is filing for the copyright. Those two just happen to work there now.

 

[crownjules]

What does MOBA mean?

Multi-player Online Battle Arena.

 

[TehMac]

As crownjules pointed out they're making a MOBA style game not a RTS.

Oh. screw that. D:

 

[Sho'Nuff]

Unless the IP laws have changed in the last 6 months or so since I learned a bit about them... you can't get a trademark just because you want one (ie to block somebody else). In order to be granted a trademark you have to show that it's an original name and (this is important) you plan to use that name commercially. You have a certain amount of time to bring a product to market with that name, after which you may file for extension if you have proof that you've been working on said product but you just didn't get it to market yet. If you DON'T have a commercial interest in the name it won't be granted.

<-------------IP Attorney. Well, I practice mostly patent law, but I do some trademark as well. Your comments are mostly correct. First things first, one does not have to register a mark in the U.S. to have enforceable rights. Unlike patents, there is such as thing as common law trademarks.

That said, to obtain a trademark registration in the U.S. (what most folks think of as a traditional trademark), it is necessary to identify goods or services associated with the mark, and: 1) ACTUAL use of the mark in commerce and in connection with the identified goods/services; or 2) an INTENT TO USE the mark in commercice and in connection with those goods and services (followed by a petition for extension for excuseable non-use or a section 8 statement of use).

Note that that the name does not have to be original. A word can be completely common (e.g., "Apple") and still be a registerable trademark. However, the more common, descriptive, or functional the word is, the more evidence the applicant will have to provide demonstrating that the mark has "secondary meaning," i.e., that people associate the mark with the goods and services alleged in the trademark registration application, and not the merely descriptive elements of the mark.

An interesting trademark factoid. The color of the green monster in Fenway park (i.e., "Fence Green") is actually one of the few colors that are trademarked.