Apple Store Helping To Enforce "Candy" Trademark?

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Just so you know, filing for a trademark on "candy" is a dick move. Thanks to Jeff Tanks for the link.

When Hsu contacted King.com, expecting an apology for the mistake, their paralegal answered him, “Your use of CANDY SLOTS in your app icon uses our CANDY trade mark exactly, for identical goods, which amounts to trade mark infringement and is likely to lead to consumer confusion and damage to our brand. The addition of only the descriptive term ‘SLOTS’ does nothing to lessen the likelihood of confusion.”
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I thought this was only in the EU where they were granted the trademark... That's messed up. It's a generic name 'Candy'.

At least on the bright side - maybe Microsoft won't care and will get some more people making apps on the WP platform! :D
 
Problem is this opens the doors to trademark other common words. Now that it happene in the EU, just a matter of time it happens in other countries as well. Guess you just have to pay off the right people to make something this dumb happen.
 
Apple holds legal responsibility for the apps in their store (the same as Google does for YouTube contents) ... if someone has a legal issue they will contact the store first ... since Apple wouldn't want to be held liable they would pass the complaint onto the appropriate party ... How do we know that Google doesn't do this also? Apple didn't grant the trademark, they are simply following the legal request made by the Trademark owner.

That said, I think Trademarks like these are stupid but I am not the approver ... once approved then companies need to follow the legal processes to enforce and police patents and trademarks
 
Total BS.
There have been prior games with the name "Candy" in the title.
Must have got the guy who gave Apple the rounded square and rounded rectangle patents.
Again, patent system needs a total overhaul and companies that file patents like this should be taken out back and shot.
 
SGA76 said:
Total BS.
There have been prior games with the name "Candy" in the title.
Must have got the guy who gave Apple the rounded square and rounded rectangle patents.
Again, patent system needs a total overhaul and companies that file patents like this should be taken out back and shot.
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no, they should be taken out front and shot. thus used as a blatant and clear example of what will happen when the next stupid mother fucker does something idiotic like trademark a common word.
 
B1zz said:
no, they should be taken out front and shot. thus used as a blatant and clear example of what will happen when the next stupid mother fucker does something idiotic like trademark a common word.
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+1
I like your idea better than mine!:D
 
Megalith said:
Why the fuck do people even play Candy Crap?
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Sir, I'm going to need you to remove those words. No edit button? We'll see you in court. You'll be known in prison as.... Candy Ass. :D

I really don't know if I should laugh or cry at something so stupid as TM of the word 'Candy'.
 
G1. Killer said:
TYPICAL APPLE!!!
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This time, they are just doing their job. :/ EU & soon the US trademark people are the idiots responsible for this. Everyone else just has to enforce it or face their own consequences.
 
So...basically they'll be the next Monster Cable. But with more attorney power and more money. Great!
 
Ur_Mom said:
This time, they are just doing their job. :/ EU & soon the US trademark people are the idiots responsible for this. Everyone else just has to enforce it or face their own consequences.
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I know but only apple would try to trade mark CANDY... Then again the Government seems to love apple products in general...
 
G1. Killer said:
TYPICAL APPLE!!!
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I don't think we want corporations picking and choosing which laws they follow (we have too much of that already) ... Blame the company that Trademarked Candy ... not Apple for responding to their request to honor the legally granted trademark ;)
 
Monster Cable has been doing this for years.
Monster Trademark Disputes

Dairy Queen sued TY for using the name Blizzard for their beanie babies snow leopard but dropped the case after back-lash from the beanie baby community.

Common words should not be trademarkable, but if they are, a suit can only be filed against the infringer if it involves a similar product.

The fact that there have been products with the word "candy" in them for over a century should have nullified this request right on the bat. Candy Land was released in 1934. Candy Land - PC game was released in 1998. Along with the many other video games with the word candy in the title. This never should have been granted.
 
20 posts, and no one has mention the obvious:


Candy Apple
 
Dick move would be putting it mildly. WTF do these dipshits do at the patent office and the trademark office? I mean really....WTF do they do? Apparently, they lost all the stamps except the APPROVED stamp.
 
I'm not sure why people are up in arms over this. King.com trademarked their brand name. Would you guys get pissed if Footlocker removed Speedy Nike Shoes branded shoes from their stocks?

From what the article says, only one guy got his app pulled for having just Candy in the name and two got notices for having Candy Crush in the name. Considering this is a judgement call based on liability, I'm not sure how this is such outrageous.

This isn't outright trolling. I would expect any company to defend their trademark. Of course, this is inherently a judgement call and not an open/shut case. If the douche that tried to capitalize on Candy Crush feels he is the Dr. Thunder to Dr. Pepper, then let him defend it. Otherwise it just sounds like whining.

Educate me.
 
Rooster Teeth put is great this week on their podcast. As we all know when you have a trademark you have to depend it. So yes you do have times where it does appear that you are being a dick but that is park of having a trademark as you have no choice but to depend it. However to get your trademark approved and then instantly start going after people is a crap move on their part.

If anything I am surprised that they were able to get the word Candy itself trademarked. I could see the full name of Candy Crush. but candy alone I would think would already belong to somebody else.
 
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metalsmart said:
I'm not sure why people are up in arms over this. King.com trademarked their brand name. Would you guys get pissed if Footlocker removed Speedy Nike Shoes branded shoes from their stocks?

From what the article says, only one guy got his app pulled for having just Candy in the name and two got notices for having Candy Crush in the name. Considering this is a judgement call based on liability, I'm not sure how this is such outrageous.

This isn't outright trolling. I would expect any company to defend their trademark. Of course, this is inherently a judgement call and not an open/shut case. If the douche that tried to capitalize on Candy Crush feels he is the Dr. Thunder to Dr. Pepper, then let him defend it. Otherwise it just sounds like whining.

Educate me.
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Actually...many app owners on the Play Store have gotten cease and desist orders to rename or get sued already.
 
This is what is covered under the single word of "Candy" -

Class 9Computer games (software); computer game software; computer game entertainment software; downloadable software; downloadable electronic games; video game software; interactive multimedia computer game programs; games software for use on mobile phones, tablets and other electronic mobile devices; games software downloadable to mobile phones, tablets and other electronic mobile devices; software for use on mobile phones, tablets and other electronic mobile devices; software downloadable to mobile phones, tablets and other electronic mobile devices; apps featuring computer games.Class 25Clothing, footwear, headgear; Anti-sweat underwear; Aprons [clothing]; Ascots; Babies' pants [clothing]; Bandanas [neckerchiefs]; Bath robes; Bath sandals; Bath slippers; Bathing caps; Bathing trunks; Beach clothes; Beach shoes; Belts [clothing]; Berets; Bibs, not of paper; Boas [necklets]; Bodices [lingerie]; Boot uppers; Boots; Boots for sports; Brassieres; Breeches for wear; Camisoles; Cap peaks; Caps [headwear]; Chasubles; Clothing; Clothing for gymnastics; Clothing of imitations of leather; Clothing of leather; Coats; Collar protectors; Combinations [clothing]; Corselets; Corsets [underclothing]; Cuffs; Cyclists' clothing; Detachable collars; Dress shields; Dresses; Dressing gowns; Ear muffs [clothing]; Esparto shoes or sandals; Fishing vests; Fittings of metal for footwear; Football boots; Footmuffs, not electrically heated; Footwear; Footwear uppers; Fur stoles; Furs [clothing]; Gabardines [clothing]; Gaiter straps; Galoshes; Garters; Girdles; Gloves [clothing]; Gymnastic shoes; Half-boots; Hat frames [skeletons]; Hats; Headbands [clothing]; Headgear for wear; Heelpieces for footwear; Heelpieces for stockings; Heels; Hoods [clothing]; Hosiery; Inner soles; Jackets [clothing]; Jerseys [clothing]; Jumper dresses; Knitwear [clothing]; Lace boots; Layettes [clothing]; Leg warmers; Leggings [trousers]; Liveries; Maniples; Mantillas; Masquerade costumes; Miters [hats]; Mittens; Money belts [clothing]; Motorists' clothing; Muffs [clothing]; Neckties; Non-slipping devices for footwear; Outerclothing; Pants; Paper clothing; Paper hats [clothing]; Parkas; Pelerines; Pelisses; Petticoats; Pocket squares; Pockets for clothing; Ponchos; Pullovers; Pyjamas; Ready-made clothing; Ready-made linings [parts of clothing]; Sandals; Saris; Sarongs; Sashes for wear; Scarfs; Shawls; Shirt fronts; Shirt yokes; Shirts; Shoes; Short-sleeve shirts; Shoulder wraps; Shower caps; Singlets; Ski boots; Ski gloves; Skirts; Skorts; Skull caps; Sleep masks; Slippers; Slips [undergarments]; Smocks; Sock suspenders; Socks; Soles for footwear; Spats; Sports shoes; Stocking suspenders; Stockings; Studs for football boots; Stuff jackets [clothing]; Suits; Suspenders; Sweat-absorbent stockings; Sweaters; Swimsuits; Teddies [undergarments]; Tee-shirts; Tights; Tips for footwear; Togas; Top hats; Topcoats; Trousers; Turbans; Underpants; Underwear; Uniforms; Veils [clothing]; Vests; Visors [headwear]; Waterproof clothing; Welts for footwear; Wet suits for water-skiing; Wimples; Wooden shoes.Class 41Education; Providing of training; Entertainment; Sporting and cultural activities; Academies [education]; Amusement parks; Amusements; Animal training; Arranging and conducting of colloquiums; Arranging and conducting of concerts; Arranging and conducting of conferences; Arranging and conducting of congresses; Arranging and conducting of seminars; Arranging and conducting of symposiums; Arranging and conducting of workshops [training]; Arranging of beauty contests; Boarding schools; Booking of seats for shows; Bookmobile services; Calligraphy services; Cinema presentations; Circuses; Club services [entertainment or education]; Coaching [training]; Conducting fitness classes; Correspondence courses; Disc jockey services; Discotheque services; Dubbing; Education information; Educational examination; Electronic desktop publishing; Entertainer services; Entertainment information; Film production, other than advertising films; Gambling; Game services provided on-line from a computer network; Games equipment rental; Gymnastic instruction; Health club services [health and fitness training]; Holiday camp services [entertainment]; Language interpreter services; Layout services, other than for advertising purposes; Lending libraries; Microfilming; Modelling for artists; Movie studios; Music composition services; Music-halls; News reporters services; Night clubs; Nursery schools; Operating lotteries; Orchestra services; Organization of balls; Organization of competitions [education or entertainment]; Organization of exhibitions for cultural or educational purposes; Organization of fashion shows for entertainment purposes; Organization of shows [impresario services]; Organization of sports competitions; Party planning [entertainment]; Personal trainer services [fitness training]; Photographic reporting; Photography; Physical education; Practical training [demonstration]; Presentation of live performances; Production of music; Production of radio and television programmes; Production of shows; Providing amusement arcade services; Providing casino facilities [gambling]; Providing golf facilities; Providing karaoke services; Providing museum facilities [presentation, exhibitions]; Providing on-line electronic publications, not downloadable; Providing recreation facilities; Providing sports facilities; Publication of books; Publication of electronic books and journals on-line; Publication of texts, other than publicity texts; Radio entertainment; Recording studio services; Recreation information; Religious education; Rental of audio equipment; Rental of camcorders; Rental of cine-films; Rental of lighting apparatus for theatrical sets or television studios; Rental of movie projectors and accessories; Rental of radio and television sets; Rental of show scenery; Rental of skin diving equipment; Rental of sound recordings; Rental of sports equipment, except vehicles; Rental of sports grounds; Rental of stadium facilities; Rental of stage scenery; Rental of tennis courts; Rental of video cassette recorders; Rental of videotapes; Scriptwriting services; Services of schools [education]; Sign language interpretation; Sport camp services; Subtitling; Television entertainment; Theatre productions; Ticket agency services [entertainment]; Timing of sports events; Toy rental; Translation; Tuition; Videotape editing; Videotape film production; Videotaping; Vocational guidance [education or training advice]; Vocational retraining; Writing of texts, other than publicity texts; Zoological garden services; electronic games services, including provision of computer games on line, on social networks, or by means of a global computer network; providing electronic games for use on mobile phones, tablets and other electronic mobile devices; providing enhancements within online computer and electronic games; providing electronic games for download to mobile phones, tablets and other electronic mobile devices; providing interactive single and multi-player electronic games via the internet, electronic communication networks or via a global computer network; publishing of computer game software, electronic games and video game software.
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Like someone mentioned above, that covers Candy Land. Amusement parks? Probably a lot of things named Candy in there. If it was "Candy Crush", I'd be fine. But, it's just CANDY. And it isn't just for games. It's for damn near everything. Too simple of a TM with too broad of a stroke. That's my issue.
 
Ur_Mom said:
This is what is covered under the single word of "Candy" -



Like someone mentioned above, that covers Candy Land. Amusement parks? Probably a lot of things named Candy in there. If it was "Candy Crush", I'd be fine. But, it's just CANDY. And it isn't just for games. It's for damn near everything. Too simple of a TM with too broad of a stroke. That's my issue.
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Rental of tennis courts and stage machinery is a nice fucking touch.
 
kbrickley said:
Apple holds legal responsibility for the apps in their store (the same as Google does for YouTube contents) ... if someone has a legal issue they will contact the store first ... since Apple wouldn't want to be held liable they would pass the complaint onto the appropriate party ... How do we know that Google doesn't do this also? Apple didn't grant the trademark, they are simply following the legal request made by the Trademark owner.

That said, I think Trademarks like these are stupid but I am not the approver ... once approved then companies need to follow the legal processes to enforce and police patents and trademarks
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Thanks for justifying the ever increasing list of people who have their hand out for a piece of something that they contributed absolutely nothing to it. Nothing is more corrossive to a healthy economy.
 
Well let me play devils advocate for a moment. If say you wrote an app called "Fluffy Bunnies" and it became an app super sensation then all of sudden you see other people writing apps called "Fluffy" or "Bunnies" in a obvious attempt to siphon off some of your sales, would you not put a stop to this and to protect your brand and sales?

See all of us see this from the consumer side of things but the app store is full of crappy developers ripping off somebody else's idea which reduces overall app quality. My son the other day wanted me to download this free app (with ads) that was an blatant rip-off of Limbo. Art style was identical except the setting was different but obviously its borrows heavily from Limbo. The app was crap but it reminded me of Limbo. If I were playdead I would send them a cease and desist letter for their app for a takedown.

In the end there will always be somebody else out their ripping off ideas from somebody else more talented and hard working. Unfortunately once you ship a successful product you also have to defend it against people who want to steal you idea.
 
fdiaz78 said:
Well let me play devils advocate for a moment. If say you wrote an app called "Fluffy Bunnies" and it became an app super sensation then all of sudden you see other people writing apps called "Fluffy" or "Bunnies" in a obvious attempt to siphon off some of your sales, would you not put a stop to this and to protect your brand and sales?

See all of us see this from the consumer side of things but the app store is full of crappy developers ripping off somebody else's idea which reduces overall app quality. My son the other day wanted me to download this free app (with ads) that was an blatant rip-off of Limbo. Art style was identical except the setting was different but obviously its borrows heavily from Limbo. The app was crap but it reminded me of Limbo. If I were playdead I would send them a cease and desist letter for their app for a takedown.

In the end there will always be somebody else out their ripping off ideas from somebody else more talented and hard working. Unfortunately once you ship a successful product you also have to defend it against people who want to steal you idea.
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Do you really believe its impossible someone would name something fluffy or bunnies because it was appropriate for their own original content. I mean people shouldn't have to actively avoid using words that are appropriate. The IP that should be being protected in your scenario would be the game itself and if it is not unique enough to merit IP protection, Trademark should not be abused to get around that.
 
fdiaz78 said:
Well let me play devils advocate for a moment. If say you wrote an app called "Fluffy Bunnies" and it became an app super sensation then all of sudden you see other people writing apps called "Fluffy" or "Bunnies" in a obvious attempt to siphon off some of your sales, would you not put a stop to this and to protect your brand and sales?
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Look in any app store. You'll see exactly what you describe. Look at the Windows Phone app store. There isn't a lot of those top games being designed, but there are a ton of clones with very similar names. Instagram had some problems until they came out with an 'official' app for WP.

I can see the benefit. But, something generic - Candy. And the huge coverage. It's too broad of a stroke with such a generic term. Instagram. That's pretty specific. Instagraph is pretty close, so might warrant a take down.

There needs to be an overhaul. Protect the IP without being stupid. Common sense. If there is a Candy Crash or something with similar game play, get rid of it. If there is Candy Plush that's a platformer and nothing similar? Let it go. Not confusing if the consumer is looking past the name and can read.

I can really see WHY it's needed, but I really would like to see something a bit different to protect it from happening. Right now, it's just too easy to trademark/patent something super generic and have it stick. Lawsuits for the most trivial things.
 
jpm100 said:
Thanks for justifying the ever increasing list of people who have their hand out for a piece of something that they contributed absolutely nothing to it. Nothing is more corrossive to a healthy economy.
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I am not sure what you are arguing ... The trademark system is broken but it is the current law ... You can't pick and choose which laws you follow, without consequences ... People should have a right to protect their brand, but there should be some reasonable limit on the breadth of that protection
 
I can understand if Candy Crush use this to ban stupid games with Names like Candy Run, Candy Rush, Candy Crushing Race, Candy Adventure.

But if they ever ban a phyiscal candy shop or Candy's Online Lollipop shop, then it will be complete bullshit.
 
I TRADEMARK EVERY WORD IN THE DICTIONARY, YOU ALL OWE ME A FUCK TON OF MONEY FOR ANY PROPER WORD THAT YOU HAVE EVER USED ON THIS FORUM OR IN LIFE. CAPS LOCK IS CRUISE CONTROL FOR COOL!!!!!1SIX. /troll
 
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