Blizzard Throws Down With Valve Over DOTA Trademark

[Baresark]

While you must admittedly use Warcraft 3 to play DotA, I don't feel that there is any actual connection to DotA and Warcraft branding. They do not own the rights to DotA as it stands now. It's arguable whether they should or not at this point. I think they shot themselves in the foot by saying there would be confusion between DOTA2 and Blizzard. That is simply untrue and they are going to have to prove it in court. I recall this being one of the main points of contention on the whole Elder Scrolls/Scrolls debacle between Mojang and Bethesda. Blizzard has demonstrated no interest in using DotA till someone else was trying to use it. This is Blizzards MO though. Fans want something and they don't even attempt to give it to them till someone else does it first. Just look at the MMO features that were introduced to WoW after Rift came out.

 

[Plinglebob]

While I admit I've never studied Trademark & Copyright law, I think Blizzard have a strong case. From what I can tell their argument boils down to "When people see DOTA, they think Warcraft III and so think of Blizzard. When people see DOTA2, they will think its a Blizzard product and so buy it, when in fact its by Valve. Therefore Valve are making money from Blizzards name."

I have to say when DOTA2 was first announced I thought it was gonna be a Blizzard game and I was shocked that Valve would be stupid enough to name their game DOTA2 instead of the safer "DOTA Clone: Made by original team". Its probably because Valve's legal team need a whack round the head , but the conspiracy theorist in me thinks they're spoiling for a fight and hoping the precedent finds in their favour.

 

[scarab7]

From what I've read it's the trade mark name and association. I'm still conflicted here because I know both DOTA and DOTA2 in the since I've played and participated in both communities. I do want DOTA 2 to be made though.

 

[Rad Party God]

I don't see id Software suing Valve, complaining that Team Fortress began as a Quake mod.

 

[Smooth Operator]

Valve is clearly trying to steal the name, but claiming that it belongs to Blizzard is equally ludicrous, it is simply in the public domain (noone can use it as their own).
If courts actually ran on a justice system rather then money this would be a non issue from the minute the case was presented.

 

[scotth266]

Blizzard has no more claim to the DOTA trademark than Valve does.

In fact, the one most in the right here would be Riot Games (the developers of popular MOBA League Of Legends, some of who worked on DOTA) who want the DOTA trademark to stay open source. [http://www.escapistmagazine.com/news/view/102870-DotA-Creators-Counter-File-Trademark-Against-Valve]

 

[newwiseman]

Nice to see Blizzard taking ownership and credit for DotA (a fan made mod for one of their games). I next expect Bethesda to close down the Nexus forums for copyright infringement for sharing fan made mods without going through steam works. /Sarcasm

 

[draythefingerless]

Blizzard has no more claim to the DOTA trademark than Valve does.

In fact, the one most in the right here would be Riot Games (the developers of popular MOBA League Of Legends, some of who worked on DOTA) who want the DOTA trademark to stay open source. [http://www.escapistmagazine.com/news/view/102870-DotA-Creators-Counter-File-Trademark-Against-Valve]

yes has nothing to do with DOTA 2 going to be the greatest competitor of LoL in the market or anything....

 

[Itsthefuzz]

Blizzard has no more claim to the DOTA trademark than Valve does.

In fact, the one most in the right here would be Riot Games (the developers of popular MOBA League Of Legends, some of who worked on DOTA) who want the DOTA trademark to stay open source. [http://www.escapistmagazine.com/news/view/102870-DotA-Creators-Counter-File-Trademark-Against-Valve]

MOBA is a terrible term for the game that Dota and any of it's variants are. Multiplayer Online Battle Arena? Considering there are a ton of games that are multiplayer, online, have battle, and could be considered to be in an arena setting... it's too vague. Action RTS is dumb as well.

OT: Dota was a community thing. I like Valve and wouldn't think it's terrible that they get the IP if someone does, but I'd prefer it stay a community thing.

 

[antipunt]

pshSHAW, they're just mad because League of Legends is doing so well o_o

derp

 

[Lawlhat]

I might support Blizzard, but they did not make the original DotA, and the man who made it's most popular version is an employee of Valve. So really, Valve has the more legitimate claim here, in my personal opinion.

 

[Domehammer]

I don't thing either company should be allowed to say they own DOTA. Though if I have to pick a side I will go with Blizzard. I will never forgive Valve if they win legal battle and I will be upset with Blizzard if they win as well.

 

[Albino Boo]

This seems kinda like BS to me. Blizzard doesn't own DotA. It's a mod. It's the property of the mod's creator(s). If I make guitars, I don't own the music that other people write while using my guitar. If Blizzard's in the right, then Epic is owed some dough for Red Orchestra given that it was conceived and originally only playable on Unreal Tournament. Valve just knows how to recognize good modding, so they pay people who make good mods to make good games. Blizzard's just being an idiot, and trying to prevent Valve from releasing their game as part of an existing IP.

Small but rather important point is that the Warcraft3 Eula says that the anything created by the tools provided to create mods remain the property of Blizzard. There is nothing unique in this Bethesda, Epic Games and Crytek all do the same thing about mods and tools. Valve have not denied that the eula gives blizzard ownership over content but denies that Blizzard own the name. Which is different thing entirely.


Red Orchestra, as matter of record, was a competition winner for mods run by Epic. The prize was a full license enabling commercial distribution, waving their own rights and $1 million. Epic have the same policy as blizzard when it comes to mods. In the case of Red Orchestra, Epic effectively created a new company working on exactly the same as all the other commercial users of the U3 engine.

 

[Baldr]

Blizzard may have the more valid case. The creators of DoTA and variations agreed to give Blizzard some of the rights to the games when they created the mods in Blizzard's Software.

Just to clear here, Blizzard is not going after the trademark, they are only stopping Valve from claiming it.

 

[Dendio]

Siding with blizz on this one. Dota was the warcraft 3 community. I played it, and considered it part of my battle.net and warcraft 3 experience. it was awesome how many great games were on the free battle.net

If Valve trademarks ?Dota? and Blizzard releases ?Blizzard Dota? for SC2, then Valve can sue them (and very likely win). By trying to block Valves trademark now, Blizzard is protecting themselves from that.

The only other option would be for Blizzard to leave the Dota name to Valve and rename Blizzard Dota to something else?. which would be very stupid?.

 

[Pearwood]

Blizzard own Defence of the Ancients, commonly abbrieviated to DOTA. Valve are trying to claim the rights to the name DOTA. Unless we have legal experts here I don't see how we can get real discussion from this, I don't know who to side with. On one hand Valve aren't claiming the Defence of the Ancients name as far as I can see but on the other hand everyone knows it started with Warcraft 3 and as far as I know that makes it Blizzard property.

 

[Lunar Templar]

Come on, DOTA team, speak up. They're messing with your baby!

from what little i've found out, one of them actually works for valve now.

Blizzard own Defence of the Ancients, commonly abbrieviated to DOTA. Valve are trying to claim the rights to the name DOTA. Unless we have legal experts here I don't see how we can get real discussion from this, I don't know who to side with. On one hand Valve aren't claiming the Defence of the Ancients name as far as I can see but on the other hand everyone knows it started with Warcraft 3 and as far as I know that makes it Blizzard property.

erm ... might i inquire how blizzard owns the rights to, or can even make a reasonable claim to own a fan made mod?

 

[Bagged Milk]

I have an idea! get one of the original devs of DOTA to copyright it for himself, and then just let Valve have it! I'm sure that the original devs have a better case than either of the 2 companies!(I have no idea how these copyright laws work!)

 

[Pearwood]

erm ... might i inquire how blizzard owns the rights to, or can even make a reasonable claim to own a fan made mod?

Well it was made on their programme to run specifically on their game and I seem to remember their EULA covering this. But like I said, Valve isn't trademarking Defence of the Ancients they're trademarking DOTA so I don't know who to side with on this one.