• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

The trademark for Horizon Zero Dawn: The Frozen Wilds has been suspended

P

Phamit

Member
PLASTICA-MAN said:
One is "Frozen Wild" the other is "The Frozen Wilds". How could they suspend this? This is totally different.
It is like Silent Hill from Konami and Silent HillS from Hideo Kojima.
A letter could change the right to trademark and the legal ownership.
Click to expand...

Silent Hill and Silent Hills are both from Konami
 
B

Boomalla

Member
Horizon : Wilderness Girls

oOavJ0c.jpg
 
K

katsubento

Member
Ultra Horizon Zero Dawn: The Final Challengers

Horizon Zero Dawn: Knack 2 Baby

Horizon Zero Dawn: Coldhearted

Horizon Zero Dawn: Black Ice

Horizon Zero Dawn: Cold Fire
 
Reptars Revenge

Reptars Revenge

Member
PLASTICA-MAN said:
One is "Frozen Wild" the other is "The Frozen Wilds". How could they suspend this? This is totally different.
It is like Silent Hill from Konami and Silent HillS from Hideo Kojima.
A letter could change the right to trademark and the legal ownership.
Click to expand...

Welp time to open Burger Kings
 
X

xenorevlis

Member
Wiped89 said:
You register the name first, you get the trademark. A bigger company can't just come in and shove a smaller one out the way.

Or we would get the Google iPhone or the Microsoft Playstation.

Sony will have to reach a deal to use the same trademark or change the name of either the Horizon expansion or pay this company to change their game name.

They can't both use it as Sony wouldn't be able to sell any merchandise or protect misuse of the trademark from knock off products if they didn't own it.
Click to expand...
This would be the case if they were both the same name.

Frozen Wild and "Horizon Zero Dawn: The Frozen Wilds" are NOT the same.

This is an attempt at a cash-grab by Huuuge via claim of similarity being an issue. No one is going to mistake the two, however. Just capitalism.
 
Reptars Revenge

Reptars Revenge

Member
xenorevlis said:
This would be the case if they were both the same name.

Frozen Wild and "Horizon Zero Dawn: The Frozen Wilds" are NOT the same.

This is an attempt at a cash-grab by Huuuge via claim of similarity being an issue. No one is going to mistake the two, however. Just capitalism.
Click to expand...

You know this was the USPTO who suspended the mark until the Frozen Wild mark is either granted or rejected. Huuuge had nothing to do with it
 
O

onanie

Member
mayl3 said:
You know this was the USPTO who suspended the mark until the Frozen Wild mark is either granted or rejected. Huuuge had nothing to do with it
Click to expand...

I'm sure the USPTO has been constantly watching out for the highly eminent game Slots: Frozen Wild in case of trademark infringement. They should be proud to have prevented this without any intervention from the highly regarded casino gaming company Huuuge.
 
N

NewDust

Member
PLASTICA-MAN said:
One is "Frozen Wild" the other is "The Frozen Wilds". How could they suspend this? This is totally different.
It is like Silent Hill from Konami and Silent HillS from Hideo Kojima.
A letter could change the right to trademark and the legal ownership.
Click to expand...

Not really, if names are similar and could lead to ambiguity due to both products being from similar fields, trademarks will only be granted to the first applicant (or when a claimants can make a reasonable case).

Sillent Hills is a particularly bad example... Pretty sure Konami still has the Silent Hill(s) trademark. Trenched having to be renamed Iron Brigade, because of board game named Trench, is much more relevant. I reckon Sony is going to Huuuge a pretty sum of money and be done with it.

onanie said:
I'm sure the USPTO has been constantly watching out for the highly eminent game Slots: Frozen Wild in case of trademark infringement. They should be proud to have prevented this without any intervention from the highly regarded casino gaming company Huuuge.
Click to expand...

I'm not saying there isn't any malicious intent from huuuge, but there need not be... It's USPTO's Job.
 
N

NewDust

Member
onanie said:
Do you think that is likely?
Click to expand...

That is not what I am saying. What I meant is whether there is or isn't ill will doesn't matter. USPTO has to verify applications and it most likely would have come up any way, even if huuuge would not object initially.
 
X

xenorevlis

Member
mayl3 said:
You know this was the USPTO who suspended the mark until the Frozen Wild mark is either granted or rejected. Huuuge had nothing to do with it
Click to expand...
That system is still dependent on what a copyright holder specifically believes to be within their domain using certain criteria for the names to be considered an issue, such as it being a product or service, etc.

In this case, a one letter difference is what flagged it and it is software, even though one is "Horizon Zero Dawn" ahead of it. It was within the reach of what they had deemed similar.

The cash grab comment is not 100% about Huuge, but simply our system as a whole. These things are in place to protect, but also to generate federal income.
 
D.Lo

D.Lo

Member
Pretty bullshit. It's a pretty generic name, you shouldn't be able to make claims unless it is exactly the same and/or could genuinely cause confusion.

It would be like someone having a movie with a generic name like 'Dark Worlds' and suing Marvel for Thor 2.
 
Reptars Revenge

Reptars Revenge

Member
onanie said:
I'm sure the USPTO has been constantly watching out for the highly eminent game Slots: Frozen Wild in case of trademark infringement. They should be proud to have prevented this without any intervention from the highly regarded casino gaming company Huuuge.
Click to expand...

I mean thats what the USPTO does, they search for trademarks in federal database they could be confusingly similar. Of course a company can challenge a trademark by filing a petition to cancel or filing an opposition in front of the trademark trials and appeals board but that did not happen here. The USPTO also loves rejecting things at first and then accepting them after you file a simple argument.
 
W

Wiped89

Member
xenorevlis said:
This would be the case if they were both the same name.

Frozen Wild and "Horizon Zero Dawn: The Frozen Wilds" are NOT the same.

This is an attempt at a cash-grab by Huuuge via claim of similarity being an issue. No one is going to mistake the two, however. Just capitalism.
Click to expand...

LOL really? It is exactly the same except one has an s on the end. And Horizon Zero Dawn is trademarked separetely. The only bit being contested is the separate trademark for Frozen Wild.

Cash grab. Don't be salty just because you love your company. It is not a cash grab to defend your legally owned trademark!

You can't just stick an S on the end and say it's different. Otherwise Sony could release The Legends of Zelda: Breath of the Wilds. Or even Horizon Zero Dawn: Breath of the Wilds. That would definitely not be trademark infringement by your logic?

You clearly have no idea about copyright law.
 
K

Khoryos

Member
Wiped89 said:
LOL really? It is exactly the same except one has an s on the end. And Horizon Zero Dawn is trademarked separetely. The only bit being contested is the separate trademark for Frozen Wild.

Cash grab. Don't be salty just because you love your company. It is not a cash grab to defend your legally owned trademark!

You can't just stick an S on the end and say it's different. Otherwise Sony could release The Legends of Zelda: Breath of the Wilds. Or even Horizon Zero Dawn: Breath of the Wilds. That would definitely not be trademark infringement by your logic?

You clearly have no idea about copyright law.
Click to expand...

For starters, it's The Frozen Wilds, making it clearly it a definitive and emphasising the use of wild in its definition as a place, whereas the huuge trademark's meaning is unclear but probably refers to "wild" as used in games of chance, indicate varied value.

I'd say risk of confusion is minimal.
 
M

Mathieran

Banned
It's supposed to come out in like 3 weeks or so right? If it was delayed due to this do you think we would know by now? My backlog is quite big atm so I wouldn't be heartbroken but I was planning on playing it day 1.
 
W

Wiped89

Member
Khoryos said:
For starters, it's The Frozen Wilds, making it clearly it a definitive and emphasising the use of wild in its definition as a place, whereas the huuge trademark's meaning is unclear but probably refers to "wild" as used in games of chance, indicate varied value.

I'd say risk of confusion is minimal.
Click to expand...

Well the people in charge of approving trademarks disagree with you.

Brb opening a new restaurant called The Burger King then I'm going to launch The iPhone (the 'The' is part of the name so I'd say the risk of confusion is minimal).

PS the 'meaning' of Wilds is irrelavant. It's the same word.
 
You must log in or register to reply here.

Similar threads

The USPTO suspends Nintendo's Super Mario Odyssey trademark application
2
58
22K
Jedi2016 replied
Beyond Good & Evil trademark deemed likely to be confused with Bandai Namco mark
2
2K
Earthbound64 replied
USPTO issues office action against Nintendo Switch trademark; likelihood of confusion
47
12K
sixteen-bit replied
Nintendo's trademark for "Hyrule Warriors" has been abandoned
35
22K
Tom Nook replied
Minor: Religious corporation seeking to oppose Nintendo's Switch trademark
2 3
111
33K
Rösti replied
Top Bottom