Blizzard Challenges Valve Over DOTA Trademark.

[Njaard]

As you may or may not know, Valve filed a copyright claim on the term DOTA in August 2010. Now, Blizzard who is entering the MOBA/DotA clone genre with their own Blizzard DotA are filing a complain,claiming DOTA2 will damage their intellectual property.

significant chance exists that the user will be misled as to the origin of the game.

1. By this Opposition, Blizzard seeks to prevent registration by its competitor Valve Corporation ("Valve") of a trademark, DOTA, that for more than seven years has been used exclusively by Blizzard and its fan community, under license from Blizzard. By virtue of that use, the DOTA mark has become firmly associated in the mind of consumers with Blizzard, including to signify a highly popular scenario or variant of one of Blizzard's best-selling computer games, Warcraft III. Over the past seven years, the mark DOTA has been used exclusively in connection with Blizzard and its products, namely Warcraft III. Most notably, DOTA has been used as the popular name of a Warcraft III software "mod" file that has been distributed, marketed, and promoted by Blizzard and its fans (under license from Blizzard); that utilizes and is built upon the Warcraft III game engine, interface, and gameplay mechanics; that is comprised of Warcraft III characters, items, spells, artwork, textures, and color palates; that can be played only using Warcraft III software and via Blizzard's online service Battle.net ; and whose name (DOTA, an acronym for "Defense of the Ancients") is a reference to Warcraft III characters known as the "Ancients."


2. In contrast to Blizzard, Applicant Valve Corporation ("Valve") has never used the mark DOTA in connection with any product or service that currently is available to the public. By attempting to register the mark DOTA, Valve seeks to appropriate the more than seven years of goodwill that Blizzard has developed in the mark DOTA and in its Warcraft III computer game and take for itself a name that has come to signify the product of years of time and energy expended by Blizzard and by fans of Warcraft III. Valve has no right to the registration it seeks. If such registration is issued, it not only will damage Blizzard, but also the legions of Blizzard fans that have worked for years with Blizzard and its products, including by causing consumers to falsely believe that Valve's products are affiliated, sponsored or endorsed by Blizzard and are related or connected to Warcraft III.

Well, in my opinion, this is comepletely baseless, but not unexpected because of Blizzard becoming ActiBlizz.

...And what do you think, fellow Escapists?

Souerces:
http://ttabvue.uspto.gov/ttabvue/v?pno=91202572&pty=OPP&eno=1
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=85102245
http://www.gamesplosions.com/news/news-blizzard-is-suing-valve-over-the-dota-name

Oh, and to clarify: Valve aren't trademarking the term "Defence of the Ancients", nor the acronym "DotA". Merely the word "Dota".

 

[Sixcess]

I'm surprised it's taken them this long.

I think Valve are in the wrong this time. DOTA is a Warcraft mod, and has no link to anything Valve has ever originated. If anyone has a claim on the name it's Blizzard.

 

[The Madman]

Honestly I was surprised when it was announced Valve's game would in fact be named DOTA2 since everyone involved has to have known that would be controversial. And as much fun as it is to glare at Blizzard nowadays, well, I've gotta side with them on this one.

 

[Adam Jensen_v1legacy]

Blizzard can't win since they don't hold the copyrights to the name DOTA. It's a community mod. No one holds copyright to it. Of course Valve sholdn't be making DOTA in the first place since it's a modification of Blizzard's best game in my humble opinion.

 

[Ragora]

I'm with Blizzard with this for one very important reason: they don't seem to be trying to claim the copyright as their own. If it were just Valve vs Blizzard over who gets the trademark, then it gets murky, but Blizzard just seems to want to keep DOTA untrademarked so it can be used freely: mostly because they intend to do so.

 

[Guilherme Zoldan]

This is kinda weird. Cause when Valve first announced theyd be making a DoTA 2, Blizzard was fine with it. Honestly I think theyd be more right to sue them over the character design, cause a lot of them are just straight ports of the ones from DoTA, whose models were those of WC3 and belong to Blizzard.

 

[TheStatutoryApe]

Blizzard can't win since they don't hold the copyrights to the name DOTA. It's a community mod. No one holds copyright to it. Of course Valve sholdn't be making DOTA in the first place since it's a modification of Blizzard's best game in my humble opinion.

It's not an issue of Copyright but Trademark. A trademark is treated rather differently. As somewhat indicated by the portions quoted in the OP a Trademark is a name, phrase, logo, ect that has come to be associated exclusively with a particular business and/or product (hence: trade mark). The claim is essentially that Valve will be stealing away customers from Blizzard by virtue of "trademark" recognition. I don't know details but on its face it looks like a fairly solid claim. I am only unsure of how the law specifically treats unregistered and/or unintentional trademarks (which could certainly make huge difference).

edit: It appears as though they are fully capable of protecting an unregistered trademark by US law. http://en.wikipedia.org/wiki/Unregistered_trade_mark

 

[Jandau]

IMO only people who have a claim to the DOTA name are those who made the damn thing. This was a number of people over the years. One of them (IceFrog) is working on DOTA2 at Valve. This pretty much settles this lawsuit. If anything, Valve should be able to sue Blizz for their "Blizzard DOTA" crap, since as far as I know none of the DOTA people are working on it at Blizz. But no, I don't think a company should automatically get full IP ownership over all user-made mods for their games.

Honestly, I can imagine Activision chiefs talking among themselves:
"Do they hate us?"
"Yes, they do, they really do!"
"Wait, they don't hate Blizzard, and they are a part of us!"
"Unacceptable!"
"Indeed. They are even fond of Blizzard. Blizz is giving them Pandas and Diablo 3."
"No, that can NOT stand! Blizz will need to do something about this! Options?"
"Well, it's drown kittens on Youtube or sue Valve, nothing else will piss people enough..."
"Kittens are cute, but people love Valve more. Sue Valve! Issue the edict!"
"As you command!!!"

 

[Valdus]

I'm surprised it's taken them this long.

I think Valve are in the wrong this time. DOTA is a Warcraft mod, and has no link to anything Valve has ever originated. If anyone has a claim on the name it's Blizzard.

This. Making a mod for a game doesn't change that the fact that you're playing that game, so DOTA is essentially just a different way of playing Warcraft 3. If I made a mod for Skyrim called "Skyrim ball" which let you play football or something in the game, does that mean I could release a new game called "Skyrim Ball 2" without consquences? Maybe if it contained just the "football" gameplay and not any of the original IP, but DOTA 2 is just that...a MOBA with the IP that existed in DOTA.

 

[TheStatutoryApe]

I don't think a company should automatically get full IP ownership over all user-made mods for their games.

Copyright-wise it would be considered "derivative" work and while Blizzard does not own it it does own the IP that it is derivative of and therefore has the ability to sue in protection of the original work. But this is not really about Copyright.

 

[Zhukov]

Wait... you mean Valve didn't have permission in the first place?

When it was announced I sort of assumed that Blizzard were okay with it. If not, then I'm shocked it took them this long to call in the lawyers.

Ah well, worst case scenario Valve will just have to change the name to Protection of the Big Bloody Trees.

 

[TheStatutoryApe]

Lets put this another way. Blizzard is claiming DOTA as an unregistered trademark. If Valve successfully registers DOTA as a trademark, unchallenged, they will be legally capable of suing Blizzard, or anyone else, who persists in using "their" trademark.

Now how does that sound?

 

[Adam Jensen_v1legacy]

Lets put this another way. Blizzard is claiming DOTA as an unregistered trademark. If Valve successfully registers DOTA as a trademark, unchallenged, they will be legally capable of suing Blizzard, or anyone else, who persists in using "their" trademark.

Now how does that sound?

Or this for example. Counter Strike was a community half-life mod. What if Blizzard made the first official Counter Strike game after the community mod was released?

 

[black_knight1337]

Blizzard should win this case easily. It will most likely be an out of court settlement where Valve will change the name, denounce any ties to dota and warcraft, cover all expenses and give blizzard some of the profits from the game. This last bit is based of off the fact that calling the game dota 2 has increased the interest in the game as people believe its a sequel to the original and as valve had no right to do this then the some of the profits should be passed onto blizzard due to a lot of purchasing being because of its tie with the original.

 

[TheStatutoryApe]

Lets put this another way. Blizzard is claiming DOTA as an unregistered trademark. If Valve successfully registers DOTA as a trademark, unchallenged, they will be legally capable of suing Blizzard, or anyone else, who persists in using "their" trademark.

Now how does that sound?

Or this for example. Counter Strike was a community half-life mod. What if Blizzard made the first official Counter Strike game after the community mod was released?

Lol, just in case no one loves Blizzard?

I can't say that it would be Valve's intention to do anything of the sort but I tend to be weary of the intentions of corporations. It's quite possible that the registration was applied for as standard practice by their legal department. Though I think failure to protect/selective protection of IP tends to work against you when you do decide to protect it. One way or another they likely would have been forced to take legal action at some point or the legal department would have done it by rote.

 

[Talshere]

Imo DOTA is a game type like Tower Defence or an RPG, LoL is a dota style game. You cant trade mark it. If we decide you can then there are a lot of people from Warcraft 3 with a damn sight stronger claim to it than either of these two companies.

 

[Talshere]

Blizzard should win this case easily. It will most likely be an out of court settlement where Valve will change the name, denounce any ties to dota and warcraft, cover all expenses and give blizzard some of the profits from the game. This last bit is based of off the fact that calling the game dota 2 has increased the interest in the game as people believe its a sequel to the original and as valve had no right to do this then the some of the profits should be passed onto blizzard due to a lot of purchasing being because of its tie with the original.

But the DOTA format was never blizzards to begin with, it was user generated content.

 

[Steampunk Viking]

I don't have any problems with Blizzard, they've always seemed (pardon the pun) chilled about things like this, but it's a grey area here.

On the one hand, DOTA itself was made by IceFrog and he should therefore have claims to the copyright. On the other hand, DOTA relied heavily on a Blizzard system to exist in the first place and even used some of it's ideas.

Personally, I think Blizzard will likely win this unless IceFrog has copyrighted DOTA specifically, purely because, even though DOTA isn't copyrighted itself, the game it was modded for is. Unless Blizzard have a user agreement for modding stating they renounce all ties to user generated content, they have a strong case.

Having said that, I'm no law student and I may have my facts muddled up... but yeah, a name change by Valve is the most likely thing to happen.

 

[Talshere]

I don't have any problems with Blizzard, they've always seemed (pardon the pun) chilled about things like this, but it's a grey area here.

On the one hand, DOTA itself was made by IceFrog and he should therefore have claims to the copyright. On the other hand, DOTA relied heavily on a Blizzard system to exist in the first place and even used some of it's ideas.

Personally, I think Blizzard will likely win this unless IceFrog has copyrighted DOTA specifically, purely because, even though DOTA isn't copyrighted itself, the game it was modded for is. Unless Blizzard have a user agreement for modding stating they renounce all ties to user generated content, they have a strong case.

Having said that, I'm no law student and I may have my facts muddled up... but yeah, a name change by Valve is the most likely thing to happen.

I think the first iteration of DOTA pre-dated IceFrog.

So on your logic Phone companies own the internet? I mean, its their system thats been modded to carry it. Alternately Java owns Zynga? I mean all Zyngas games run in Java so this must be true right?

Just because your system was the platform for the idea doesnt give you rights over it. If DOTA first Appeared in AoE 2 would Microsoft own it? Of course not its ludicrous.