Zynga to sue DC over the name 'SmallVille'

[RA92]

A recent move by DC comics to trademark the name 'SmallVille' for their upcoming browser-based MMO RPG has been blocked by Zynga, citing that the name infringes on their trademark and can cause confusion with their own IPs.

<url=http://www.comicrelated.com/forums/index.php?showtopic=2601>Amy Genkins, VP of DC's business and legal affairs, called Zynga's claims 'absurd' and said firmly it would not stand up in court as the name Smallville has been tied with the Superman franchise for over seven decades.

Zynga VP Bill Mooney, a <url=http://www.businessinsider.com/a-former-trial-lawyer-is-the-brains-behind-zyngas-big-hits-2010-3>former trial lawyer himself, explains Zynga's issue.

"First, we have to consider whether DC is selling an identical or similar goods/services to Zynga in an identical/similar business. And second, we have to ask whether there is a likelihood of public confusion between SmallVille and FarmVille or any other Zynga's IPs. The answer to the first question is obvious, as both are browser-based social games. As for the second issue, DC is obviously trying to capitalize on Zynga's franchises by capitalizing the letter 'V' in 'Smallville', following the naming conventions of <url=http://en.wikipedia.org/wiki/Zynga#Games>our games like FarmVille, CityVille, FrontierVille, FishVille, PetVille, PrivacyVille and YoVille.

"In short, we will not drop our charges till DC drops the capitalized 'V' in 'SmallVille'.

"Zynga has spent years on researching and developing innovative and original games. It's very unfortunate when <url=http://www.escapistmagazine.com/forums/read/7.293083-Zynga-Sues-Brazilian-Copy-Cat-Developer-for-MegaCity?page=1>other studios try to leech off our efforts. We must bring an end to these endeavors."

The DC legal team has replied that this argument is moot, as SmallVille is going to be a different game to the FarmVille series, and DC and its franchises themselves have a good brand profile among gamers, making it arguably less likely that its game would be connected with Zynga.

Source: <url=http://tinyurl.com/3pb4tfg>www.comicalliance.com/category/news/2011/0354

 

[zehydra]

"Zynga has spent years on researching and developing innovative and original games."

that's bull.

Zynga can go to hell.

 

[Ghengis John]

<url=http://www.comicrelated.com/forums/index.php?showtopic=2601>Amy Genkins, VP of DC's business and legal affairs, called Zynga's claims 'absurd' and said firmly it would not stand up in court as the name Smallville has been tied with the Superman franchise for over seven decades.

I think DC's precedent is clear. However, I'd also like to take the moment to note that some of the things people are allowed to copyright are ABSURD.

 

[Daystar Clarion]

Nobody is going to confuse the two.

Once you've played one Zynga game, you've played them all.

Also:

"Zynga has spent years on researching and developing innovative and original games. It's very unfortunate when other studios try to leech off our efforts. We must bring an end to these endeavors."

 

[KeyMaster45]

Mmm, so Zynga finally decides to pick a fight with one of the big kids on the playground. I'm going to enjoy watching their ass get handed to them.

 

[HerbertTheHamster]

Zynga has spent years on researching and developing innovative and original games.

now that's some classy trolling

 

[Rigs83]

This whole issue smacks of stupidity. I can already see Zynga's next game SueVille, where you compete against your friends in an endless cycle of frivolous litigation until you get bored and Zynga introduces Sueville 2

 

[Ghengis John]

This whole issue smacks of stupidity. I can already see Zynga's next game SueVille, where you compete against your friends in an endless cycle of frivolous litigation until you get bored and Zynga introduces Sueville 2

Your friend has sent you an invite to play Sueville 2!

 

[ComicsAreWeird]

Zynga is going to get their asses kicked sooooo hard. Smallville is definitly a recognizable name by its own merit. iT´s part of the Superman lore for years and the tv show named "Smallville" alone proves it. Their case is weak.

 

[fenrizz]

So Zynga want's to own everything that ends with Ville now?

I don't get why they do this, or even why all major corporations seem to to this.
You'd think they would have enough money.

 

[Tartarga]

I could stand Bethesda saying people might confuse the IP's with the whole Scrolls thing but I am not going to take that shit from Zynga. I really hope this costs them a shit load of money and no success.

 

[wrightguy0]

my god has the frivolous lawsuit fairy been smacking people in the dumbass centers of the brain? I swear to God that all of these bullshit lawsuits are just draining the system and aren't serving anyone, Zynga is picking a fight with a larger, older company with ties to a vast multimedia and entertainment conglomerate, who probably won't ake to kindly to seeing a friend who's made them a Fuckton of money over the years get sued by a little nothing of a company.

 

[TheDooD]

Oh Zynga....You have no idea what you just got yourself into.

 

[mew4ever23]

Personally, I think they might be poking fun at Zynga.
Also,

Zynga has spent years on researching and developing innovative and original games.

Spoiler

Sadly, this is not the first time Zynga's tried this. Remember the Blingville incident?

In January 2011, Techdirt reported that Zynga had sent a cease and desist letter to Blingville alleging trademark infringement for its use of the letters "ville" in the name of a proposed Facebook game. Blingville has filed a suit for declaratory judgment that it is not infringing a Zynga trademark.[79] As reported in Gamasutra, Jay Monahan of Zynga responded by saying that Blingville's "[use] of the name 'BlingVille' is an obvious attempt to capitalize on the fame and goodwill associated with Zynga's family of 'ville' games which includes FarmVille and CityVille".[80]

 

[Smooth Operator]

Mmm, so Zynga finally decides to pick a fight with one of the big kids on the playground. I'm going to enjoy watching their ass get handed to them.

Ah you forget that those spam "games" make them lots of cashy money, but it would make me very happy if they get crushed like a bug.

 

[Jamash]

Why does DC feel the need to change the presentation of Smallville to SmallVille just because it's a browser based game?

For 11 years they've presented it as Smallville, so why are they suddenly taking a leaf out of Zynga's book and capitalising the 'V' in Ville?

I don't like Trademark Trolls and I like Zynga even less, but there is some merit to their argument (if you accept the concept of copyrighting words and presentations thereof):

"In short, we will not drop our charges till DC drops the capitalized 'V' in 'SmallVille'."

Additionally, if, in a game of Cricket when there was only one batter left, the ICC decided to drop the plurals and officially refer to the last of the Batsmen as Batman (or The Batman), would DC (or Warner Brothers) mind?

 

[The_root_of_all_evil]

HAHAHAHAHAHAHAHAHHAHAHAHAHAHA.

"The Secret Rocket" circa 1947 laughs at Zynga.

(First appearance of Superman's adopted home town)

 

[Bob_F_It]

Zynga has spent years on researching and developing innovative and original games.

I don't think so...

OT: Zynga is trying the Hitchhiker's Guide to the Galexy vs. Encyclopedia Galactica trick, except that they forget to travel back through time.

 

[KeyMaster45]

Mmm, so Zynga finally decides to pick a fight with one of the big kids on the playground. I'm going to enjoy watching their ass get handed to them.

Ah you forget that those spam "games" make them lots of cashy money, but it would make me very happy if they get crushed like a bug.

I didn't forget, it's just that it won't make much of a difference when they're going up against a company who's already got a 70 year precedent on using the supposed infringing title.