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News & Features Discussion  » DOTA2: Blizzard Suing Valve Over Trademark

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254 posts found
  SBFord

Associate Editor - News Manager

Joined: 6/28/10
Posts: 13020

 
OP  2/10/12 9:30:48 AM#1

According to a pair of legal filings, it appears that Blizzard is suing Valve to prevent it from trademarking the DOTA name. Blizzard claims that the DOTA name has been closely aligned with the Warcraft series for the past seven years. Defense of the Ancients was originally created as a mod for Warcraft III.

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)

Read the legal documentation here.

Sources: Destructoid and @DevinConnors.

Associate Editor: MMORPG.com
Follow me on Twitter: @MMORPGMom

  Calhoun619

Hard Core Member

Joined: 1/31/11
Posts: 125

2/10/12 9:34:01 AM#2

Sweet. Diablo 3 pushed back to Q2 2012 cuz we are suing the crap outta Valve!

  Greymoor

Spotlight Poster

Joined: 12/30/10
Posts: 812

2/10/12 9:35:16 AM#3

They have a point!

  millaren

Novice Member

Joined: 1/03/06
Posts: 5

2/10/12 9:36:32 AM#4

look here Valve has been working on DOTA 2 for 2 years now or more and blizzard just now starts suing it has to do with Valve dota is better then there Blizzard dota game.


  Loke666

Elite Member

Joined: 10/29/07
Posts: 16476

2/10/12 9:37:00 AM#5

That seems a bit odd, while dota was a mod it wasn´t really made by Blizzard.

They could possibly sue because the game more or less look like WC3 though but if you can sue for that we would see plenty of MMOs in trouble.

Meh, I never got this American idea hat you should sue people for as many things as possible (like spilling hot coffee in your own lap and crap), I hope Blizzard loses this one.

DOTA was a wonderfully made mod and the right to the name and mod specific things should be to Eul and  Guinsoo.

  narakuu

Novice Member

Joined: 5/25/04
Posts: 353

2/10/12 9:37:49 AM#6
Originally posted by Calhoun619

Sweet. Diablo 3 pushed back to Q2 2012 cuz we are suing the crap outta Valve!

Pushed back? They have never given a official release date.

  kishe

Novice Member

Joined: 2/28/04
Posts: 1951

firefighter lvl90

2/10/12 9:38:57 AM#7

original dota was created by private person...he should join the fray and sue both for copyright infrigement 

  L0C0Man

Advanced Member

Joined: 1/30/09
Posts: 919

2/10/12 9:40:39 AM#8
Originally posted by Loke666

That seems a bit odd, while dota was a mod it wasn´t really made by Blizzard.

They could possibly sue because the game more or less look like WC3 though but if you can sue for that we would see plenty of MMOs in trouble.

Meh, I never got this American idea hat you should sue people for as many things as possible (like spilling hot coffee in your own lap and crap), I hope Blizzard loses this one.

DOTA was a wonderfully made mod and the right to the name and mod specific things should be to Eul and  Guinsoo.

I guess it depends on the terms of service, sometimes it says things like that it allows the company to claim ownership or trademarks on the mods being made for their games and stuff like that.

Another thing is that they're claiming trademark, since the term DOTA was usually associated to warcraft. Trademarks are different than copyrights, if you don't defend a trademark then you're allowing it to be used by default, and if you fail to defend it you can lose it if they become common terms.

EDIT: the legal term is genericized trademark, here's a list of propietary names that lost their trademarks when they became common used words:

http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks

What can men do against such reckless hate?

  Loke666

Elite Member

Joined: 10/29/07
Posts: 16476

2/10/12 9:40:58 AM#9
Originally posted by narakuu

Pushed back? They have never given a official release date.

Well, they did say that they planned to release it  somewhere in 2006 the first time I saw a date... That is a bit general though but they scrapped the game, fired the entire team (Blizzard North) and started from scratch.

If that isn´t "pushed back" I don´t know what is.

  Rusque

Hard Core Member

Joined: 6/08/10
Posts: 1652

2/10/12 9:42:37 AM#10
Originally posted by Calhoun619

Sweet. Diablo 3 pushed back to Q2 2012 cuz we are suing the crap outta Valve!

Are you suggesting that designers, animators, softeware engineers and all the other developers are also corporate lawyers?

Because it seems odd that a lawsuit over a trademark dispute would affect work on a title that has nothing to do with that trademark.  SC2 DOTA might be delayed because of it, but D3?

  uohaloran

Novice Member

Joined: 11/16/05
Posts: 832

2/10/12 9:44:39 AM#11

 


Originally posted by kishe
original dota was created by private person...he should join the fray and sue both for copyright infrigement 

 
Yes, but DotA has changed hands multiple times; most notably from Eul to Guinsoo to IceFrog. IceFrog has maintained the game since 2006 after Guinsoo left it in a mechanical shamble.

The game's popularity was driven and a direct outcome of IceFrog's work.

Ideally I could see the compromise being that Dota is made a free-access term, but I really think it should be up to IceFrog (Valve, by proxy) as to what to do with it.

Legally? Pfft, who knows. If you can't have something your way you just sling some legal girth around. Blizzard has multiple Dota projects underway (Starcraft 2 Dota, Diablo 3 Dota, and now there have been talks that a stand alone Dota project is being developed) so I don't think it's any sort of surprise as to why they're up in arms about this.

edit:  I swear, the formatting on these message boards and the comments section is so screwed up.  It looks right here while it's a jumbled mess in the comments section.

  Loke666

Elite Member

Joined: 10/29/07
Posts: 16476

2/10/12 9:44:46 AM#12
Originally posted by L0C0Man

I guess it depends on the terms of service, sometimes it says things like that it allows the company to claim ownership or trademarks on the mods being made for their games and stuff like that.

Another thing is that they're claiming trademark, since the term DOTA was usually associated to warcraft. Trademarks are different than copyrights, if you don't defend a trademark then you're allowing it to be used by default, and if you fail to defend it you can lose it if they become common terms.

Don´t you think they would have said something 2 years ago if that was the case?

Either they have the right because of WC3s EULA or they don´t. I don´t like if a company who makes the basic game suddenly owns your mod and all rights to it without at least saying so first.

  Anireth

Hard Core Member

Joined: 1/28/05
Posts: 383

2/10/12 9:48:35 AM#13

This also was filed in November..even if the Diablo 3 team would be involved, why would they "push it back" 2 or more times after filing it? It's not like they would not know that it's not decided in a week or a month.

Also it looks like they only did this after Valve tried to claim the trademark. Though i wonder why they waited a year, Valve started in 2010. Most likely related to the whole registration process though.

I'll wait to the day's end when the moon is high
And then I'll rise with the tide with a lust for life, I'll
Amass an army, and we'll harness a horde
And then we'll limp across the land until we stand at the shore

  Calhoun619

Hard Core Member

Joined: 1/31/11
Posts: 125

2/10/12 9:52:52 AM#14
Originally posted by narakuu
Originally posted by Calhoun619

Sweet. Diablo 3 pushed back to Q2 2012 cuz we are suing the crap outta Valve!

Pushed back? They have never given a official release date.

 During yesterday's Activision-Blizzard investor's call, Blizzard announced that Diablo 3 will be delayed to Q2 2012.

 

Thats not my quote. Sounds like a push back to me. Also it seems you dont need a specific DATE to delay/push something back.

  Ceridith

Novice Member

Joined: 11/24/09
Posts: 3001

The more you hype an upcoming game in your mind, the more it will fail to meet your expectations.

2/10/12 9:54:58 AM#15

I call bullshit on Blizzard.

Just because a game starts as a mod using one game's engine, doesn't mean the owner of said engine has full rights over any subsequent games built on other engines. IceFrog took over development of the mod, so ownership falls with him. He was hired by Valve, and he with Valve are creating DotA 2.

Blizzard has turned into yet another fat corporate leech, no better than EA or Activision (yes I realize the irony of the last one).

  User Deleted
2/10/12 10:00:16 AM#16

I wasnt sure who Valve was so I initially considered blizz to just be very greedy. However valve is a pretty big company too.   However, you took your time to sue them.   Should have called it as soon as it was out in the open.  Now, imo, its too late to be whining, even if you did have a point.


  Myria

Advanced Member

Joined: 5/07/09
Posts: 532

2/10/12 10:00:56 AM#17
Originally posted by Loke666

Don´t you think they would have said something 2 years ago if that was the case?

They have. This has been ongoing, both with Blizzard and a number of the DOTA people being involved, and didn't just start recently.

See: https://en.wikipedia.org/wiki/Dota_2

  Sourd420

Novice Member

Joined: 7/05/10
Posts: 66

2/10/12 10:01:36 AM#18

Where's Icefrog and his say or did he do the dumb move and sell his idea...instead of spreading it too valve and riot and blizzard..


  Radar11x

Apprentice Member

Joined: 5/09/07
Posts: 116

Pull the green cord...

2/10/12 10:02:36 AM#19

"mod"



 

  77lolmac77

Apprentice Member

Joined: 11/14/11
Posts: 498

2/10/12 10:03:15 AM#20
How do you trademark something you didnt create?
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