Blizzard moves against Valve

[qornea]

Blizzard takes legal action against Valve

Legal documents uncovered, Blizzard seeks to protect DotA name

 

[Veldrin]

One thing that kinda bugs me about Valve's Dota2, is that they took a game/mod/concept that was free, and now they want to sell it. HoN, LoL and WC3' Dota were all free to play, and now Valve wants to sell Dota 2?

 

[OmegaFenix]

One thing that kinda bugs me about Valve's Dota2, is that they took a game/mod/concept that was free, and now they want to sell it. HoN, LoL and WC3' Dota were all free to play, and now Valve wants to sell Dota 2?

Its called Capitalism. The guys who made the mod where hired by Valve and now get something for their troubles. If I where the modders id prefer an industry job than just having everybody play my product without me getting anything for it.

 

[sutekj]

One thing that kinda bugs me about Valve's Dota2, is that they took a game/mod/concept that was free, and now they want to sell it. HoN, LoL and WC3' Dota were all free to play, and now Valve wants to sell Dota 2?

If they want to make a game and charge for it, why not? It's not like they're taking the free ones and charging for that. Why in the world would they not charge for it, if they're developing it? I don't know how much it costs, but it's probably very affordable anyway.

 

[Graal]

Its called Capitalism. The guys who made the mod where hired by Valve and now get something for their troubles. If I where the modders id prefer an industry job than just having everybody play my product without me getting anything for it.

I agree with this sentiment. The DotA devs spent a ton of time updating and creating the mod, and players got 100s of hours of gameplay out of it. Why is it wrong to want to get compensation for the sequel?

 

[RoosTa]

No offence Nic, but this article is factually incorrect and extremely biased.

According to documents which have surfaced on NeoGAF, it appears as though Blizzard is taking legal action against Valve for developing DotA 2.

The document continues with additional details which indicate that Blizzard is continuing to attempt to stop Valve from developing DotA 2, or at least from calling it “DotA 2”.

Blizzard is not against the DOTA 2 name (or its development):

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
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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."

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.

Applicant's Trademark Application
22. Applicant Valve Corporation is a computer game developer and publisher,
and one of Blizzard's primary competitors in the PC computer game market. Blizzard's
rights in the DOTA Marks notwithstanding, on August 6, 2010, Valve filed with the
United States Patent and Trademark Office (the "PTO") Application Serial No.
85/102245 to register the mark DOTA for "Computer game software; Electronic game
software; Video game software" (herein "the Opposed Application"). Valve did so for
the purpose of appropriating Blizzard's goodwill in the DOTA Marks and in order to
confuse consumers as to Blizzard's sponsorship, affiliation, or endorsement of Valve's
products.
23. Valve has no rights in or to the DOTA mark. Valve has never released,
distributed, or sold any products using the mark DOTA, or, for that matter, any of the
DOTA Marks. Valve did not coin the DOTA mark and has never participated in the
creation of the DotA Mods. Indeed, Valve has never released, distributed, or sold any
products using any title that might conceivably be shortened to the acronym DOTA. To
the contrary, the only use of the DOTA Marks in connection with a published computer
or video game product is in connection with Warcraft III (and a Warcraft III mod and
computer file.) Accordingly, Blizzard's use and/or constructive use rights for the DOTA
Marks are prior to and superior to any rights of Valve to the mark DOTA.
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24. In view of the similarities between, on the one hand, the DOTA Marks,
and, on the other hand, the DOTA mark that is the subject of the Opposed Application,
and the relationship between Blizzard's goods and services as identified by the DOTA
Marks and the goods identified in the Opposed Application, it is likely that members of
the public erroneously will believe that Valve's goods originate with, or are in some
manner connected or associated with, or sponsored by, Blizzard, all to the harm of
Blizzard's goodwill and reputation.
25. Valve's DOTA mark so resembles each of Blizzard's DOTA Marks when
used on or in connection with Valve's goods as to be likely to cause confusion, mistake
or to deceive, and is therefore precluded from registration under Section 2(d) of the
Lanham Act, 15 U.S.C. § 1052(d).
26. If Valve is granted registration of the DOTA mark, it would obtain a prima
facie exclusive right to use of its mark that would cause damage and injury to Blizzard.
WHEREFORE, Blizzard respectfully requests that this Opposition be granted and
that Application No. 85/102245 be denied registration.

http://ttabvue.uspto.gov/ttabvue/v?pno=91202572&pty=OPP&eno=1

Please get your facts straight.

Blizzard is not trying to trademark "DOTA". In fact, Blizzard is opposing Valve's trademark claim for "DOTA" since they have been associated more with the name than Valve has. Valve on the other hand, wants to prevent Blizzard and anyone else using "DOTA".

But I guess its 'cool' to bash Blizzard these days.

To all others, please read this unbiased article instead:
http://www.bit-tech.net/news/gaming/2012/02/10/blizzard-objects-valve-dota/1

 

[The Joker]

Of course its cool to bash Blizzard these days. They can't even set a date for Diablo 3 which was supposed to have launched last year already, then it was announced for 1st Q 2012, Today it was moved again to Q2 2012..With no date set. So come Q2 of this year it'll be moved again..ect ect.

They deserve a bashing just for that.

 

[MOnk]

Um, I'm not really seeing the bias?

Was just a little confusion is all I see. Yeah they aren't trying to stop Valve using the name, at least not yet, they are just trying to stop them from trademarking it.

HoN, LoL and WC3' Dota were all free to play, and now Valve wants to sell Dota 2?

HoN only recently went free to play, you had to buy WC3 to play DOTA. Also there is zero difference between making money selling stuff in your F2P game and making money selling your game, although Valve have yet to say how DOTA2 will work in that regard.

 

[Namdrater]

RoosTa is right, they just want Valve not to trademark the name.

Of course its cool to bash Blizzard these days. They can't even set a date for Diablo 3 which was supposed to have launched last year already, then it was announced for 1st Q 2012, Today it was moved again to Q2 2012..With no date set. So come Q2 of this year it'll be moved again..ect ect.

They deserve a bashing just for that.

They've not set a release date before, maybe they've released some estimations, but nothing concrete. I don't see a big deal with companies delaying games anyway. I've been super-amped for Diablo 3 before it was even announced, but I'm happy to pick up a proper game rather than one that has to change a lot after release.

 

[The Joker]

RoosTa is right, they just want Valve not to trademark the name.

They've not set a release date before, maybe they've released some estimations, but nothing concrete. I don't see a big deal with companies delaying games anyway. I've been super-amped for Diablo 3 before it was even announced, but I'm happy to pick up a proper game rather than one that has to change a lot after release.

You guys are zombies.

I am probably one of the biggest Diablo fans around, but this is now starting to get old really fast.
Although haven't given a set date (Btw that means they can delay it for as long as they want) They have said the game would launch Q3 2011, Q4 2011, Q1 2012 and now Q2 2012.

they want to release the perfect game, has a wiff of DNF (Duke nukem Forever) (Did not Finish) about it.

Anyway completely derailing this thread. As far as I know Dota 2 will be free to play.

 

[MOnk]

Diablo 3..... ah what a fickle mistress.

I can vividly remember refreshing the Blizzard splash page day after day seeing this image form and trying to figure out exactly what it was going to be and reading all the speculation. And then on that Friday, the final refresh, what was it going to be, no-one knew, no-one even suspected and then BAM DIABLO 3 MUTHA FSKERS!!! I lost my shit, nearly wet myself, phoned up my mate shouting and giggling something incomprehensible except for the repeated mentions of Diablo 3.

That was four years ago.

 

[The Joker]

Diablo 3..... ah what a fickle mistress.

I can vividly remember refreshing the Blizzard splash page day after day seeing this image form and trying to figure out exactly what it was going to be and reading all the speculation. And then on that Friday, the final refresh, what was it going to be, no-one knew, no-one even suspected and then BAM DIABLO 3 MUTHA FSKERS!!! I lost my shit, nearly wet myself, phoned up my mate shouting and giggling something incomprehensible except for the repeated mentions of Diablo 3.

That was four years ago

+1 for that, at least we agree about something.

 

[prOd]

Of course its cool to bash Blizzard these days. They can't even set a date for Diablo 3 which was supposed to have launched last year already, then it was announced for 1st Q 2012, Today it was moved again to Q2 2012..With no date set. So come Q2 of this year it'll be moved again..ect ect.

They deserve a bashing just for that.

Seriously hope you are just joking. Blizzard has been known to do this, at least they don't push out unreliable games, like 60% of games going out these days. But sure, "bash" Blizzard for delaying your precious game, I'm pretty sure they care, and come release date, you'll be right there, with all of us, playing the game from the company you so bravely bashed.

 

[The Joker]

Seriously hope you are just joking. Blizzard has been known to do this, at least they don't push out unreliable games, like 60% of games going out these days. But sure, "bash" Blizzard for delaying your precious game, I'm pretty sure they care, and come release date, you'll be right there, with all of us, playing the game from the company you so bravely bashed.

I have already cancelled my Pre order.
I'll go buy it at Zaps if it launches in Q2 2012. If not I won't bother buying it at all.

I am not a slave to a game or a publisher.

 

[prOd]

I have already cancelled my Pre order.
I'll go buy it at Zaps if it launches in Q2 2012. If not I won't bother buying it at all.

I am not a slave to a game or a publisher.

If the only reason you're cancelling your order is because of a delayed release date, then I really don't know what to say. But good for you man, you're spiting no one else but yourself.

 

[The Joker]

If the only reason you're cancelling your order is because of a delayed release date, then I really don't know what to say. But good for you man, you're spiting no one else but yourself.

Mmmm if you think I am the only one that feels like this, please feel free to check out all the major gaming forums on the net.
Yip I cancelled my Pre order...funny thing is, if you pay for something you should get something in return, the only thing I have gotten in return is dissapointment.

Again this is my opinion, and we are derailing the thread. So I am done.

 

[The Joker]

oops double post.

 

[hideinlight]

One thing that kinda bugs me about Valve's Dota2, is that they took a game/mod/concept that was free, and now they want to sell it. HoN, LoL and WC3' Dota were all free to play, and now Valve wants to sell Dota 2?

Why was it free? Because Icefrog basically dedicated his life to it, he worked for free. How dare he take DOTA2 to the next level without working as a slave!

 

[prOd]

Mmmm if you think I am the only one that feels like this, please feel free to check out all the major gaming forums on the net.

Yes, just like the MASSES of people who cancelled their pre-orders when EA and DICE announced some limited weapon unlocks only for the people who pre-ordered BF3. Please, be more dramatic. And just by the way, I can promise you that 90% of that so called anti establishment bullshit movement group bought the fucking game anyway.

I'll just leave this here: http://penny-arcade.com/comic/2011/08/08

 

[The Joker]

Yes, just like the MASSES of people who cancelled their pre-orders when EA and DICE announced some limited weapon unlocks only for the people who pre-ordered BF3. Please, be more dramatic. And just by the way, I can promise you that 90% of that so called anti establishment bullshit movement group bought the fucking game anyway.

I'll just leave this here: http://penny-arcade.com/comic/2011/08/08

How very happy for you..oh and I don't think you understand the immensity of the fuck I do not give.