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CandySwipe Open Letter to King regarding trademark

303 pointsby mkenyonover 11 years ago

21 comments

ChuckMcMover 11 years ago
It would be interesting if Apple would step in here. They could, given their obscenely vague appstore &quot;rules&quot;, simply delete the CandyCrush Saga game out of the store as it is a copy of an existing game. That would force King to be a bit more creative in their copying in the future.<p>That said, &quot;protecting&quot; games has been a problem, almost literally forever. On the one hand you want folks to benefit from there work, on the other hand sometimes a &#x27;derivative&#x27; is a much much better game. So do you cut off that like we&#x27;ve done with software patents? Or not?
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ToastyMallowsover 11 years ago
Ouch. I had no idea CandySwipe even existed. This doesn&#x27;t look good for King.com at all, especially after they were accused of copying Scamperghost[0].<p>[0]: <a href="http://junkyardsam.com/kingcopied/" rel="nofollow">http:&#x2F;&#x2F;junkyardsam.com&#x2F;kingcopied&#x2F;</a>
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kzahelover 11 years ago
That&#x27;s pretty dirty. If you have no legitimate claim to a trademark, just buy an existing slightly related trademark and use that!
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troymcover 11 years ago
It seems to me that making games for the iTunes App Store has become a &quot;red ocean strategy.&quot; It&#x27;s fiercely competitive, and there are now some monster sharks (e.g. King, Zynga). I don&#x27;t like the sharks, but hey, they&#x27;re sharks: they&#x27;re doing what sharks do.<p>Time to look for some blue ocean, I guess.
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incisionover 11 years ago
<i>&gt;&quot;You are able to do this because only within the last month you purchased the rights to a game named Candy Crusher (which is nothing like CandySwipe or even Candy Crush Saga).&quot;</i><p>How does this work? Can one buy a trademark in order to pre-empt someone else&#x27;s trademark which pre-empts another of your own?
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iluvuspartacusover 11 years ago
Seriously, why isn&#x27;t this guy able to win this and gain monetary damages?
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kumarskiover 11 years ago
Hey dude,<p>That sucks.<p>As a favor, I went ahead and gave them a shit review.<p>If I had more time, I might link farm their brand name all over the place.
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werdnapkover 11 years ago
King is no different than Zynga.<p>The best formula for making it in the appstore is to copy other peoples work. This has been apparent for quite some time now.
sheffover 11 years ago
This sort of thing is happening increasingly frequently. I really like the idea of AskPatents ( <a href="http://patents.stackexchange.com" rel="nofollow">http:&#x2F;&#x2F;patents.stackexchange.com</a> ).<p>It seems to me that as developers we need a similar site where people can start objecting to overly broad trademarks, especially single word ones which are targeted at web service and application name related trademark classes.<p>There are probably much fewer trademarks issued that patents, and they are easily searchable online, eg the UK Trademark Journal is at <a href="http://www.ipo.gov.uk/t-tmj/tm-journals/2014-006/index.html" rel="nofollow">http:&#x2F;&#x2F;www.ipo.gov.uk&#x2F;t-tmj&#x2F;tm-journals&#x2F;2014-006&#x2F;index.html</a> .<p>A trademark is also much easier to object to than a patent ( <a href="http://www.ipo.gov.uk/types/tm/t-other/t-object/t-afterpub/t-oppose/t-oppose-apply.htm" rel="nofollow">http:&#x2F;&#x2F;www.ipo.gov.uk&#x2F;types&#x2F;tm&#x2F;t-other&#x2F;t-object&#x2F;t-afterpub&#x2F;t...</a> ).<p>It would be a great weekend project for someone to create a web app which does some of this. You could even charge businesses a fee to monitor words that may affect their businesses.
relaunchedover 11 years ago
There is a constant struggle between doing what&#x27;s right for your business and doing the right thing. Until you are placed in that position, you really have no idea what you&#x27;ll do.<p>I hope this post brings about enough social pressure to ensure that the right thing, whatever that means, happens.
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stevenjover 11 years ago
Somewhat related and something I&#x27;ve thought about over the years:<p>&quot;Here&#x27;s a model that we&#x27;ve had trouble with. Maybe you&#x27;ll be able to figure it out better. Many markets get down to two or three big competitors—or five or six. And in some of those markets, nobody makes any money to speak of. But in others, everybody does very well.<p>Over the years, we&#x27;ve tried to figure out why the competition in some markets gets sort of rational from the investor&#x27;s point of view so that the shareholders do well, and in other markets, there&#x27;s destructive competition that destroys shareholder wealth.<p>If it&#x27;s a pure commodity like airline seats, you can understand why no one makes any money. As we sit here, just think of what airlines have given to the world—safe travel, greater experience, time with your loved ones, you name it. Yet, the net amount of money that&#x27;s been made by the shareholders of airlines since Kitty Hawk, is now a negative figure—a substantial negative figure. Competition was so intense that, once it was unleashed by deregulation, it ravaged shareholder wealth in the airline business.<p>Yet, in other fields—like cereals, for example—almost all the big boys make out. If you&#x27;re some kind of a medium grade cereal maker, you might make 15% on your capital. And if you&#x27;re really good, you might make 40%. But why are cereals so profitable—despite the fact that it looks to me like they&#x27;re competing like crazy with promotions, coupons and everything else? I don&#x27;t fully understand it.<p>Obviously, there&#x27;s a brand identity factor in cereals that doesn&#x27;t exist in airlines. That must be the main factor that accounts for it.<p>And maybe the cereal makers by and large have learned to be less crazy about fighting for market share—because if you get even one person who&#x27;s hell-bent on gaining market share.... For example, if I were Kellogg and I decided that I had to have 60% of the market, I think I could take most of the profit out of cereals. I&#x27;d ruin Kellogg in the process. But I think I could do it.<p>In some businesses, the participants behave like a demented Kellogg. In other businesses, they don&#x27;t. Unfortunately, I do not have a perfect model for predicting how that&#x27;s going to happen.<p>For example, if you look around at bottler markets, you&#x27;ll find many markets where bottlers of Pepsi and Coke both make a lot of money and many others where they destroy most of the profitability of the two franchises. That must get down to the peculiarities of individual adjustment to market capitalism. I think you&#x27;d have to know the people involved to fully understand what was happening.&quot;<p>-Charlie Munger <a href="http://ycombinator.com/munger.html" rel="nofollow">http:&#x2F;&#x2F;ycombinator.com&#x2F;munger.html</a>
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kaa2102over 11 years ago
It is a travesty that trademark trolls are enriching themselves based on the hard work and creativity of others. I hope that Runsom Apps prevails.
Dalai_Llamaover 11 years ago
The day King goes down the drain many will dance upon its grave, and other indie devs will take turns to pee on it.<p>May swift karmic justice fall upon them soon.
mixologicover 11 years ago
A corporate legal team stealing intellectual property and trademarks from smaller entities is more american than apple pie and baseball.
jason_slackover 11 years ago
so, is that all these big game companies do, just copy?<p>Seems that King and Zynga have been called out a few times recently.<p>So are they hoping that they can clone a game just enough and hope people buy it because of their name versus some indie dev you may not have heard of?
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blhackover 11 years ago
Wow they are not kidding about the ripoff...<p>Even the &quot;wildcard&quot; game piece is almost identical.
locengover 11 years ago
Was this posted to Reddit yet?
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fnordfnordfnordover 11 years ago
Somebody ought to make a law that would protect people against things like that. &#x2F;s
lazyeyeover 11 years ago
Perhaps a legal defense could be funded through something like KickStarter?
izzydataover 11 years ago
Damn copyright trolls. It&#x27;s a shame this can&#x27;t be more known.
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ale7714over 11 years ago
This is so sad and unfair