RE: We chat about videogames and videogame accessories.
01-22-2014, 07:50 PM
I took a class on basically this subject, and the thing is that US trademark law basically requires you to file frivolous lawsuits against anyone using a similar mark, because if you don't you lose the trademark. Fucked up but true.
Assuming they did somehow get a trademark on the word "Saga", anyone who wanted to challenge King could use the fact that they didn't sue over The Banner Saga as evidence that they should lose the trademark, and that actually might hold up in court. It's happened before.
(Of course it's still totally stupid and very against the letter of the law for the trademark office to award a trademark on an entire word, but that's another issue.)
Assuming they did somehow get a trademark on the word "Saga", anyone who wanted to challenge King could use the fact that they didn't sue over The Banner Saga as evidence that they should lose the trademark, and that actually might hold up in court. It's happened before.
(Of course it's still totally stupid and very against the letter of the law for the trademark office to award a trademark on an entire word, but that's another issue.)
"The parties are advised to chill." - Supreme Court of the United States, case opinion written by Justice Souter