So recently this thread was started over on the Mochi forums: https://www.mochimedia.com/community/forum/topic/got-a-cease-and-desist_#41
Long story short, if you don't want to read the thread, guy made a flash game 3 years ago, and is being issued a cease and desist because a game that came out one year ago uses the same name and they trademarked it (one year ago)
I am wondering what you guys think about trademark laws as they apply to the flash game 'industry' as it seems to be very poorly suited for an 'industry' where literally hundreds of new games are introduced on a daily basis. Does every game need to spend the money to protect themselves with a registered trademark? Would that cause every conceivable name to be 'used up' at such a pace that it would destroy the market?
Should big name companies be allowed to claim a flash game is competing with a AAA title as reason for their lawsuit threats? Should a major company be obligated to 'defend their trademark' against such companies for fear of losing their trademark's validity? (if you do not defend your trademark you can lose it)
And of course the big question; do you think all this legal mumbo jumbo serves only to fill the pockets of lawyers while stifling creativity? Initially I was going to post this in the game section but as this is more related to laws and discussion thereof (opinions discussion not legal advice discussion) I figured this might be the better subforum. So, yeah anyway, what are your thoughts about this sort of thing?
Go in, get the girl, kill the dragon. What's so hard about that? ... Oh, so THAT'S what a dragon looks like.http://www.youtube.com/channel/UChq0-eLNiMaJlIjqerf0v2A
? <-- Game related youtube stuffhttp://galdon.newgrounds.com/games/
<-- games I've made. (spoiler warning: They might suck!)