Board 8 > Activision Blizzard suing Valve over the name 'DotA'

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SHINE GET 64
02/09/12 10:45:00 PM
#1:


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

lol

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Justin_Crossing
02/09/12 10:45:00 PM
#2:


now this

this is going to be exciting

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Shoenin_Kakashi
02/09/12 10:46:00 PM
#3:


Oh damnit


they really have become Activision

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VitalVI
02/09/12 10:46:00 PM
#4:


LOL activision gonna lose.

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GuessMyUserName
02/09/12 10:47:00 PM
#5:


....... but..... how?


what

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Gwindor
02/09/12 10:49:00 PM
#6:


Blizzard isn't even a game developer anymore. This is the moral equivalent of patent trolling.

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Xiahou Shake
02/09/12 10:50:00 PM
#7:


Bahaha, oh my god.
This is going to be hilarious.

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RayDyn
02/09/12 10:52:00 PM
#8:


Was DOTA even ever trademarked?

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Shoenin_Kakashi
02/09/12 10:52:00 PM
#9:


I just hope this is some form of a scam and its all a set up for a Blizzard vs Valve game.

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PrivateBiscuit1
02/09/12 10:52:00 PM
#10:


lmao

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CalvinbalI
02/09/12 10:52:00 PM
#11:


But wait...Blizzard didn't even come up with the term Dota. They didn't make Dota. What the hell?

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Shoenin_Kakashi
02/09/12 10:53:00 PM
#12:


I don't believe it ever was.

WC3 didn't trademark UMS maps. If it did, Eul wouldve sued Guinsoo loooooooooooooong before this,

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foolm0ron
02/09/12 10:53:00 PM
#13:


and whose name (DOTA, an acronym for "Defense of the Ancients") is a reference to
Warcraft III characters known as the "Ancients."


Ehhhhh this is the only real leg they have to stand on, and it's quite a stretch.

They've already been trying for a long time to sue for some sort of royalty, but Valve has good enough lawyers that they know exactly what they can and cannot copy from the WC3 mod. I guess this Blizzard's last-ditch effort, to go after the name.

causing consumers to falsely believe that
Valve's products are affiliated, sponsored or endorsed by Blizzard and are related or
connected to Warcraft III.


I guess this is a good point as well.

I dunno enough about copyright law to know if any of this has a legit chance of passing through, but I doubt it.

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th3l3fty
02/09/12 11:08:00 PM
#14:


a lot of Blizzard's argument seems to be based on the EULA

good thing EULAs aren't legally enforceable!

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Azp2k32
02/09/12 11:09:00 PM
#15:


If DOTA is so attributable to the Blizzard name, then why do they have to call the DOTA custom map they're making for SC2, "Blizzard DotA?" That, to me, at least implies that they recognize everything they're claiming in this lawsuit in regards to DotA being attributable to Blizzard, is BS.

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Silvercross
02/09/12 11:11:00 PM
#16:


I approve of this.

Valve shouldn't be able to trademark the term DOTA. I have no problem with them using the name DOTA 2, but it's like trying to trademark "FPS" or "MMO". It's a genre at this point.

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Shoenin_Kakashi
02/09/12 11:12:00 PM
#17:


Dota is not a genre

Its a Starcraft UMS map that was made into a Warcraft 3 UMS map, and people starting making money off it.

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JJH777
02/09/12 11:16:00 PM
#18:


lol almost as bad as the scrolls lawsuit. Oh well I can forgive them since SC2 is so amazing.

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foolm0ron
02/09/12 11:18:00 PM
#19:


Well nothing in the EULA says that they have a right to any names that users create with the WC3 map editor.

Their main argument is that lots of people think DOTA = Blizzard so they already have some sort of implicit right to the name. They didn't trademark the name, Valve did, there's really nothing they can do.

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Justin_Crossing
02/09/12 11:20:00 PM
#20:


From: Shoenin_Kakashi | #017
Dota is not a genre

Its a Starcraft UMS map that was made into a Warcraft 3 UMS map, and people starting making money off it.


MOBA is the genre.

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Shoenin_Kakashi
02/09/12 11:20:00 PM
#21:


You know what we need?

Basshunter
little ironic with him actually

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foolm0ron
02/09/12 11:21:00 PM
#22:


Oh yeah Basshunter

Was he ever sued for Dota? Probably not

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WazzupGenius00
02/09/12 11:21:00 PM
#23:


Has Valve ever actually called it "Defense of the Ancients 2"?

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Shoenin_Kakashi
02/09/12 11:24:00 PM
#24:


Guinsoo and Pendragon's statements should be taken with a grain of salt. MOBA is a term Riot created to make themselves feel special, and are the only ones who ever use it.

Dota is, and has always been an RTS since it's engine is used and started on an RTS' customization engine. It's just different from the traditional RTS, but still that genre.

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foolm0ron
02/09/12 11:24:00 PM
#25:


Nope. If you look at Valve's response, they only care about "DOTA". Not even "Dota" or "DotA". I guess that was a calculated decision to protect them for a lawsuit like this.

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CoolCly
02/09/12 11:25:00 PM
#26:


I don't know if they have any grounds to make this lawsuit, but really, Valve should not be using the name Dota 2. That's just dumb.

The only company that should be using the term Dota on a product is Blizzard, and even then....I don't really think they should.


But Valve? No way. I love Valve, but if they want to make a Dota clone, they really don't have the right to it. Even if Icefrog is working with them. He didn't invent Dota either.

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foolm0ron
02/09/12 11:26:00 PM
#27:


From: CoolCly | #026
they really don't have the right to it


Then who does?

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WazzupGenius00
02/09/12 11:26:00 PM
#28:


Thought so. I figured back when I noticed they were only calling it "DOTA 2" that it was an intentional thing not to evoke the old name

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Shoenin_Kakashi
02/09/12 11:27:00 PM
#29:


Wonder what Eul thinks of all this.

Or he prolly doesn't care.

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CoolCly
02/09/12 11:28:00 PM
#30:


Out of curiosity, does Valve plan to actually "own' the Dota name so that nobody else can use it? That'd be even dumber.

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CoolCly
02/09/12 11:31:00 PM
#31:


foolm0ron posted...
From: CoolCly | #026
they really don't have the right to it
Then who does?




I don't think anybody really has the right to say "This is dota 2."


League of Legends, Demigod, and Heroes of Newerth didn't do it. I think that Valve just showed up and said "k we are naming OUR Dota clone 'Dota 2' " was just plain stupid.

I mean just having that name makes people think "oh ok this is the REAL Dota game we should be playing, not those hack knockoffs like LoL and HoN" which is just ridiculous. It's a copy just like every other.

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foolm0ron
02/09/12 11:32:00 PM
#32:


From: CoolCly | #031
I think that Valve just showed up and said "k we are naming OUR Dota clone 'Dota 2' " was just plain stupid.


I don't think you realize that Dota 2 is 100% a carbon copy of Dota 1. Literally every single gameplay element that exists in Dota 1 is mirrored exactly in Dota 2.

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LordoftheMorons
02/09/12 11:36:00 PM
#33:


Well if s*** like this can happen, I wouldn't be too surprised if Activision Blizzard wins: http://www.businessweek.com/magazine/content/11_22/b4230078121476.htm

Of course, Valve has way better lawyers than small business owners do.

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CoolCly
02/09/12 11:37:00 PM
#34:


I realize that.


But Heroes of Newerth was the same thing when it started too. It was literally just every hero and item ported over with a different name and art, with it's own engine so that it could support mechanics that Warcraft 3 never could (like Abaddon's ultimate). Then it started branching off on its own, creating different heroes and items and balancing things from Dota 1 that just didn't make sense.


Dota 2 will do the same thing.

So when it's no longer an exact clone of Dota does it have to change its name?

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Azp2k32
02/09/12 11:40:00 PM
#35:


[This message was deleted at the request of the original poster]
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foolm0ron
02/09/12 11:42:00 PM
#36:


From: CoolCly | #034
Dota 2 will do the same thing.


Oh, man, why didn't you tell me in the beginning that you had a time machine? I guess it's pointless to argue with someone who can see the future and make claims that us mere present-dwellers would assume were baseless and false.

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CoolCly
02/09/12 11:43:00 PM
#37:


So, you think that they will copy everything over and then say "k, done, enjoy game, we out" ?

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Robazoid
02/09/12 11:49:00 PM
#38:


Y'know, I never thought about it, but it is true that Valve really shouldn't have called their game DOTA2. It's basically dishonest advertising, as has been said, DOTA2 has no more right to be a sequel to DotA then LoL or HoN. This really is the sort of thing that I wouldn't have thought I'd see from a company like Valve, but I just never really thought about how slimy of a move that was until now.

Still, not illegal, so Blizzard probably won't win this.

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Azp2k32
02/10/12 12:11:00 AM
#39:


Robazoid posted...
Y'know, I never thought about it, but it is true that Valve really shouldn't have called their game DOTA2. It's basically dishonest advertising, as has been said, DOTA2 has no more right to be a sequel to DotA then LoL or HoN. This really is the sort of thing that I wouldn't have thought I'd see from a company like Valve, but I just never really thought about how slimy of a move that was until now.

Still, not illegal, so Blizzard probably won't win this.


Eh, DOTA2 has a bit more of a right. One, it's staying much stricter to what DotA did, with only removing the WC3 specific parts of various game elements. Two, if I recall correctly, Valve played up at the start of development how Icefrog, aka the guy so often credited with everything DotA, is working with them. HoN, which is far closer to DotA than LoL, had rumors of Icefrog being involved behind the curtains but little beyond that as far as I remember.

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Robazoid
02/10/12 12:23:00 AM
#40:


So if I make a game called SMB2 and copy every element from Super Mario Brothers save for the sprites, I've earned that title?

Icefrog wasn't the first guy in DotA, just the one who took it over. I don't know enough to attribute specific parts of the game to him or whoever was before him, but it wasn't his name or his idea. If I recall correctly, the first guy even works for LoL. LoL therefore is as much DOTA2 as DOTA2 if you're using Icefrog as any sort of legitimization

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Vlado
02/10/12 12:28:00 AM
#41:


Valve is in the right here. Blizzard don't own the name "DOTA."

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Shoenin_Kakashi
02/10/12 12:30:00 AM
#42:


If I recall correctly, the first guy even works for LoL.

No he does not.

That guy (guinsoo) basically stole it from the original guy(Eul) and made it crappy(yay 5-10 min load times) and imbalanced as all hell(Just.....Void Demon. Just look at him).

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CoolCly
02/10/12 12:31:00 AM
#43:


HoN started as a Dota clone just like Dota 2, and Guinsoo works for LoL.


I don't think either attributes would have earned them the right to call their game Dota 2.


I don't think just because Valve has both those things with Dota 2 being a Dota clone and Icefrog being part of development gives them the right to call it that game either.


I almost do hope that Blizzard wins this, even though I really don't think they have any grounds to it either.


I don't really see calling their little Starcraft thing "Blizzard Dota" that big of a deal. It's not even a standalone game and I think the name itself doesn't imply that they are "the legitimate dota." Just that it's their own spin on Dota. Which seems different to me.


Valve has just claimed some sort of "legitimacy" with Dota 2 that I just don't think they are entitled to.

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StealThisSheen
02/10/12 12:40:00 AM
#44:


I don't get how somebody can say one company that didn't create a thing/copyright the name can have any more claim or should have any more claim than another company that didn't create said thing but did copyright the name.

That's more dumb than either side of the lawsuit.



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YetAnothrShadow
02/10/12 12:45:00 AM
#45:


From: Robazoid | #040
So if I make a game called SMB2 and copy every element from Super Mario Brothers save for the sprites, I've earned that title?

Icefrog wasn't the first guy in DotA, just the one who took it over. I don't know enough to attribute specific parts of the game to him or whoever was before him, but it wasn't his name or his idea. If I recall correctly, the first guy even works for LoL. LoL therefore is as much DOTA2 as DOTA2 if you're using Icefrog as any sort of legitimization


You're saying this as if the " first guy from dota " actually cares.

Freak handed development to icefrog when he left to help develop LoL, and as such it's title. Pretty sure Freak has no qualms with Icefrog making an official standalone sequel based on a MOD with the name, which as far as I can tell, was never trade marked, or else he'd be the one suing and not blizzard of all people.

You're comparing apples and oranges when you bring in an officially trade marked game like SMB. It's a mod.

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YetAnothrShadow
02/10/12 1:00:00 AM
#46:


Oh, and something else I just discovered.
Freak wasn't the very first person to use the term dota to describe his mod. Eul was. Where is Eul now? With Icefrog helping Valve make Dota 2. Two of the three main developers of Dota are working on Dota 2. And unless Freak has problems with that. I'd say that constitutes the right to call it Dota.

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Robazoid
02/10/12 1:03:00 AM
#47:


I agree that Valve has every right to use DOTA2, I just don't think they should. It implies that this is the definitive sequel (because let's face it, people call it Dota, not Defense of the Ancients). Great from a marketing standpoint, but still a jerk move that I wouldn't have expected from Valve. It's not like it's hard to think of other names, LoL and HoN did it.

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CoolCly
02/10/12 1:06:00 AM
#48:


YetAnothrShadow posted...
Oh, and something else I just discovered.
Freak wasn't the very first person to use the term dota to describe his mod. Eul was. Where is Eul now? With Icefrog helping Valve make Dota 2. Two of the three main developers of Dota are working on Dota 2. And unless Freak has problems with that. I'd say that constitutes the right to call it Dota.




Two out of three? Did you find out Eul was working on Dota 2 somewhere in between the sentence where you asked where he was and that two out of three sentence?

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YetAnothrShadow
02/10/12 1:11:00 AM
#49:


From: CoolCly | #048
YetAnothrShadow posted...
Oh, and something else I just discovered.
Freak wasn't the very first person to use the term dota to describe his mod. Eul was. Where is Eul now? With Icefrog helping Valve make Dota 2. Two of the three main developers of Dota are working on Dota 2. And unless Freak has problems with that. I'd say that constitutes the right to call it Dota.

Two out of three? Did you find out Eul was working on Dota 2 somewhere in between the sentence where you asked where he was and that two out of three sentence?


Uh... what? Did you miss the part where I said he's working for Valve.

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StealThisSheen
02/10/12 1:14:00 AM
#50:


CoolCly posted...
Two out of three? Did you find out Eul was working on Dota 2 somewhere in between the sentence where you asked where he was and that two out of three sentence?


...Yes, actually. I'd say it was found in the sentence exactly between those two sentences.



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