Fortress Fallout Dev Receives Cease & Desist From Zenimax

[Exavior]

Unfortunately they are just trying to protect their trademarks. The law, stupid as it is, is that if they do not actively try to protect it, they lose it.

yup, they have no choice.

 

[Deleted member 93354]

Source? 'Cuz you sure as hell can trademark a number.
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:xi3meo.5.12

Also...
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:xi3meo.4.13

Intel could register its processors as "Intel 80586" or "Intel 586" if it liked but the USPTO decided "586" by itself wasn't sufficiently remarkable to be a registered trademark.

Intel attempted to register "486" in May 1989 and failed, abandoning the application in July 1993. I think this was their first attempt by Intel to register all uses of a number - no application for "386" or "286" or "80286" exists so far as I can tell.

Apparently expecting "586" would have the same problem, Intel applied to the USPTO for a trademark of "586" and one for "i586" in November 1989. The "586" registration (like "486") was not granted and the application was dropped in September 1992. The "i586" trademark was registered successfully with the disclaimer "no claim is made to the exclusive right to use '586' apart from the mark as shown," and was abandoned in April 1994.

In July 1992 Intel applied for a trademark on "Pentium" and this was registered in May 1994. The processor (Pentium/i586) was released in May 1993.

www.uspto.gov

ETA: Boeing does own the registered trademarks of "737," "747," etc. so you can register a trademark of a number. (And you can use a trademark without registering; you just can't protect it very well until it is registered.)

In other words, your product name has to be a remarkable use of a common word to be considered trademarkable.

Nothing personal, but "Fallout" is hardly remarkable.

 

[TheOneKnownAsMe]

Remember when Zenimax sued Mojang over the "Scrolls" name? They seem to have a habit of this.

 

[Deleted member 93354]

Remember when Monster Audio tried suing Monster (jobs website)?

Monster Audio settled because they knew it would cost them an arm and leg to lose in court.

 

[Deleted member 93354]

So who's Zenimax giong to sue next?

Fallout Boy the band
Or the Simpsons for inventing "Fallout Boy (and Radioactive man)"

 

[Deleted member 93354]

So who's Zenimax giong to sue next?

Fallout Boy the band
Or the Simpsons for inventing "Fallout Boy (and Radioactive man)"

 

[Parja]

So who's Zenimax giong to sue next?

Fallout Boy the band
Or the Simpsons for inventing "Fallout Boy (and Radioactive man)"

Neither are video games, so I'm gonna go ahead and predict that they won't sue either one and haven't even considered doing so.

 

[Hornet]

IMO, Zenimax may have a case in certain situation depending on how the word Fallout is used.

In this example, I don't think they should have a case, as Fortress Fallout could be a term that bring its own meaning, and fallout is just a word that is part of that term.

However, if for example, someone called their game "Fallout - Fortress Defense", then I think Zenimax may have a point here.

 

[Deleted member 93354]

Neither are video games, so I'm gonna go ahead and predict that they won't sue either one and haven't even considered doing so.

Actually there was a simpsons video game where fallout boy was a character.