Microsoft's pre-emptive reveal of plans to refile for a Trademark of the name Killer Instinct --the popular, but short-lived fighting game franchise they acquired the rights to with their purchase of Rare Ltd back in 2002-- appears to have hit a snag, with the USPTO rejecting their application due to a conflict with another entertainment property, namely a 2005 crime drama developed by FOX in 2005 (via EGM):
"This evidence establishes that the goods and services are commonly marketed under the same mark. Specifically, the evidence shows that television shows are commonly made into games. Therefore, applicant’s and registrant’s goods and services are considered related for likelihood of confusion purposes."According to Television DB site tvrage.com, Fox shot 13 episodes of Killer Instinct, and aired only nine of them.
I dont think they were doing anything with the trademark besides trying to hold onto it, so fair enough that they lost it.
Need more games to be turned into TV shows so that TV can't steal game names. Then eventually by the future, we shouldn't be able to name anything without inventing new words and language entirely to describe them without infringement!
What is going on here? How can Fox claim they somehow own the Killer Instinct name when the video game has been out for years before the show.
This is silly.
This is silly.
That's pretty much the USPTO's modus operandi isn't it? Work out what the sensible, rational decision would be, then do the opposite?