One side-effect is we'll have to go back to calling them "sweets".
I approve.
The company behind the wildly successful Candy Crush Saga mobile games franchise already has its mitts on the European trademark for the word "candy" and is now awaiting approval for its application for the same thing in the US. "We have trademarked the word 'CANDY' in the EU, as our IP is constantly being infringed and we …
"It's a bit cheeky, copying someone else's game mechanism and then trying to claim it as your own IP!"
Well put. The follow-up question being: who actually owns the rights/IP/copyright/software patents/source code to the original "Bejewelled" game(s)? (Or whatever family of games can trace its lineage back to the first version.)
This is a serious question. I'm not trying to start a flame war.
Colin
Unless it got confused with Kandy Magazine's Krush.
Possibly NSFW.
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"Firstly such a generic term should never have been granted as a trademark in the first place."
Next we'll have patents being granted for obvious ideas for which there are loads of examples of prior art that even the most cursory search would reveal.
Wait, the USPTO already does that. My mistake.
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Whoa, steady there lad, you'll do yourself a mischief!
They're trademarking a name in reference to a product in a particular genre. They are not copyrighting the word "candy". They are trademarking the name "Candy" in the frame of reference to a video game in the software industry that involves sweet/fruit related activities within the context of a game. If you make a spreadsheet that's called "Candy's Financial Accounting Software" you're pretty much safe. If you make a close derivitive of Candy Crush game product and call it "Candy Fruit Smasher" you'll get a phone call, as you copied the idea and the product and you're trying to cash in on the popularity by even taking a derivitive name.
Sit and have a think about about many products you have around you now that have a simple English word as part of their trademarked name, then how many other products share that name in other industries? Apple make gadgets but the market stalls and supermarkets don't have to sell those green fruit labelled as "Eve's Downfall" or "Cider Sources" do they because of some gadget company have trademarked the name? Apple Corp and Apple Records fell out as they were both simply called "Apple" at one point, especially as soon as Apple ( gadgets ) wanted to get in on the entertainment market they were going to clash as punters could easily be misled.
Magnum is used in the wine business, but also as the name of weapon, a TV character, an ice cream, all different products in different markets and not easily confused with one another. Context and perception of the product and it's market.
That's my understanding of trademarks (their use is usually assigned to the type of product they are intended to protect).
That isn't, however, what the article states - "everything from bathrobes to DVDs".
Completely farcical. They basically produced an updated version of Bejewelled, which itself was essentially an updated version of Tetris.
"The trademark filing has it covering all kinds of non-software things. Notable in its inclusion is "Headphones," which retroactively makes Skullcandy headphones a violation of this trademark. I'm sure other instances could be found."
So where would this leave the Highlander movie? (there can be only one, two and three don't exist ;)
Hooker: "Hi, I'm Candy."
Kurgan: "Of course you are."
Colin
You cant trademark a word that has been around for donkeys years.
What will I ask for when I buy by cough candy?
Who was the bertie bassetesque robot in Dr Who, The happiness patrol?
And, won't this confuse people that want to buy a large load washing machine?
Actually the last one is quite a valid point (not that the other two are not), but Candy appliances are already prevalent throughout Europe.
But you don't trademark a word in isolation, you trademark the use of a word in a specific context.
e.g. Everest can still call the things they install "Windows", but if they started to branch out into IT software they'd not been able to call their new OS the same thing. I could start making cakes and call them Everest cakes, it wouldn't be an issue (though arguably if I called them Everest Double Glazing Windows cakes it would as it could be construed that the name indicated an association).
Royal Mail actually own a trademark on the colour red. That doesn't mean no one can use it, it just means any companies involved in the same business as RM can't use it as a predominant part of their branding.
Of course it all gets a bit silly when merchandising comes in and you extend the original game/app context of the trademark to things like bath robes.
So using the term 'Candy' to describe a coloured garment is no longer allowed? WTF?
This site
http://www.glamourmagazine.co.uk/fashion/shopping/2012/04/top-30-pastel-colour-dresses-shopping-guide
boasts on its front page
Welcome to the candy dress shop! To pull off this fashion treat, wear spring's saccharine, sweetie pie colours with nude beige or perfect white accessories...
Lawyers all over the place will be ordering large quantities of yellow legal pads and extra sharp pencils.
I can understand the TM applying to a computer game but to clothing when it is already widely used to describe a colour of clothes is quite beyond me.
Perhaps we will have to say in future
'Here comes Saskia modelling the latest dress. It is an colour that I dare not mention for fear of being sued'