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News Trademarks Video Games

Zynga files for trademark on the word “Ville” in Europe

Zynga ville

On March 1, 2011, Zynga filed for a trademark on the word: ville.  The trademark was filed with the Office for Harmonization in the Internal Market (OHIM), the official trade marks and designs office of the European Union. 

Zynga’s trademark representative is Rouse, a specialist in international IP business whose client list ranges from Honeywell and BP to Christian Dior and Starbucks Coffee.

Zynga IP

Could this be Zynga’s response to a recent lawsuit? 

Or is the company doing whatever it takes to protect its “ville” line up of games on Facebook?

In January, TechDirt broke the story that the social network gaming developer, sent a cease and desist letter to a West Virginia company that is developing a game named Blingville for Facebook, alleging trademark infringement for its use of the word “ville”.  The letter resulted in Blingville filing a lawsuit against Zynga. 

While Zynga doesn’t own the trademark on “ville” and hasn’t filed one yet with the United States Patent and Trademark Office, not filing for a trademark in the U.S. first is not necessarily uncommon, as seen with its trademark filing for Rewardville

Since I broke that story about Zynga filing for the Rewardville trademark which appeared on TechCrunch back in January, I’ve been checking back regularly with OHIM to see if another application was filed.  And this past week, it was.

You can take a look below at the “ville” trademark application from the OHIM website.
  Ville trademark filed by Zynga
Zynga Inc Ville Trademark

Goods and Services

According to the application filed, Zynga is seeking three different classifications in “goods and services”, including for “online computer and electronic games”.

9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus; computer game software; video game programs; computer software platforms for social networking; interactive video game programs; downloadable electronic game programs and computer software platforms for social networking that may be accessed via the Internet, computers and wireless devices; computer software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information in the fields of virtual communities, electronic gaming, entertainment, and general interest via the Internet or other communications networks with third parties; magnetic coded gift cards.

25: Clothing, footwear and headgear; clothing, namely, t-shirts, sweatshirts, socks, jackets, button down shirts, polo shirts, dresses, skirts, jeans, shorts, sweatpants, neckties, aprons, belts, gloves, jerseys and headwear.

41: Education; providing of training; entertainment; sporting and cultural activities; entertainment services, namely, providing online computer and electronic games, enhancements within online computer and electronic games, and game applications within online computer and electronic games; providing online reviews of computer games and providing of information relating to computer games; providing an Internet website portal in the field of computer games and gaming; entertainment services, namely, providing virtual environments in which users can interact through social games for recreational, leisure or entertainment purposes.

How will it play out?

How will Zynga’s attempt at trademarking the word “ville” play out for its line up of current and future “ville” properties?

Will it result in Blingville losing its name?

Will it result in other companies losing their names? 

No one will likely know anytime soon, but news of the trademark is sure to create some bad publicity for Zynga.  In February, the company settled a lawsuit filed by Digital Chocolate over the use of “Mafia Wars”.

“Though the companies settled the lawsuit, neither disclosed terms for the settlement, according to The Recorder. The full list of charges against Zynga included federal/common law trademark infringement, federal/state/common law unfair competition, false designation of origin, and cyber-squatting”, wrote Eric Caoili for Gamasutra.

While Zynga does own the domain zyngaville.com, which it re-directs to its homepage, the company doesn’t own ville.com.  The domain name is currently registered to the domain company Marchex.

Discussion: The Inquisitr, Techmeme, TechDirt, Wired, Games.com News, Business Insider, Silicon Republic, CNET, Gamertell, and Inside Social Games.

Categories
Disputes News Trademarks Video Games WIPO

Zynga goes after ZyngaGiftcards.com and ZyngaWorld.com domain names

Zynga Gift Cards

Zynga has filed two domain name complaints concerning zyngagiftcards.com and zyngaworld.com with WIPO, the World Intellectual Property Organization. 

The complaints were filed today for ZyngaWorld.com and yesterday for ZyngaGiftcards.com

Zynga’s Domain Dispute Track Record

Zynga has had no problem winning domain disputes filed using the Uniform Domain Name Dispute Resolution Policy, better known as UDRP. 

In all previous cases, the domain names were transferred from the respondent back to Zynga.  The list of domain names includes zynga-chips.com, zynga.cc, zyngachips.com, zyngapoker.com, buyzyngachips.net, cheapzyngachips.net, chips4zynga.com, yourzyngachips.com, and zyngachips4sell.com.

As TechCrunch reported in March 2010, Zynga rolled out gift cards at a number of major retailers in the U.S.  Though Zynga refers to them as “game cards“, they are essentially gift cards which can be used  for in-game currency to buy the items you want.

Zyngagiftcards.com is currently registered to Joanna Hewett according to Whois Records, and has been registered since December 2009.  Zyngaworld.com is registered to David Cahill of Australia. 

Oddly enough, Zynga doesn’t own zyngagamecards.com and hasn’t filed a dispute over the domain as of yet, even though it refers to its “gift cards” as “game cards”. 

The company also doesn’t own zyngaecards.com, online “game cards” that can be purchased and sent to users with a personal message.  What’s even stranger, is the domain name isn’t even registered at the time of this story, despite the number of abusive registrations the company regularly encounters.  But given Zynga’s success at WIPO, hopefully people will learn some lessons, and avoid these types of registrations.

Though the company will likely win these domain disputes and have the names transferred, they might not be as lucky with the trademark dispute over Blingville, which so far has backfired after Blingville responded with a lawsuit, and thousands have lined up to test and play the soon-to-be released Facebook game.

[Update 1: On March 21, 2011, the WIPO panel ordered the domain name zyngaworld.com transferred to Zynga.  The dispute for zyngagiftcards.com was terminated, after the owner agreed to turn over the name to Zynga.]

Categories
News Trademarks Video Games

Threats by Zynga backfire as thousands line up online to play Blingville on Facebook

Blingville

Recently, it came to light over at TechDirt, a technology news blog, that Zynga sent a cease & desist letter to Blingville LLC, the West Virginia company that runs Blingville, an up and coming Facebook game that is currently in Beta testing.

Zynga’s threats against the company, which resulted in Blingville responding with a lawsuit (which can be read here), appear to have backfired at this point.

While no decision has been made as of yet in the lawsuit filed by Blingville, thousands are lining up to test the game online, partly thanks to the press Blingville has received by dozens of technology blogs and news sites, including domainer blogs The Domains and Domain Gang.  

I signed up earlier today to become a Beta tester, and was welcomed by a message stating, “Beta Testing in Progress: Your #20,992 in line to test Blingville.”  According to the message, testing will last a couple more weeks as the game is prepared for a full launch on Facebook.

Zynga/Ville Trademark developments

People have their own opinions on what the outcome should be when it comes to Zynga vs Blingville.

Whatever the case, there are more “ville” trademarks not owned by Zynga, than there are trademarks actually owned by the social gaming development company. 

In fact, earlier this month, Build-a-Bear applied for trademarks on Bearville.com and Bearville.  The company owns and operates Build-a-Bearville online, an extension of the in-store experience it offers to customers.

While Blingville LLC, hasn’t put out too much information, the company does have a subscription-based newsletter that aims to keep fans and supporters connected.  The company also registered additional domain names related to its soon-to-be released game, including BlingvilleCash.com, which re-directs to Blingville.com.

The last public statement by the company was posted on the company’s Facebook page and read: ” Blingville would like to sincerely thank all of our loyal fans for their support in our defense against Zynga! Your comments are greatly appreciated!”

Categories
News Trademarks Video Games

Activision misses out on Modern Warfare domain names, ModernWarfare4.com still hostage

Modern Warfare 3 Ghost

There’s a lot of buzz surrounding the next Call of Duty game title. 

It is being rumored that Activision will be releasing its next title in November 2011, and there are plenty of gaming blogs and news sites thinking it will be Call of Duty: Modern Warfare 3, focused on a character named “Ghost” who appeared in Modern Warfare 2.

With all the buzz swirling around, I thought it would be interesting to see what memorable Modern Warfare domain names Activision owns.   

Surprisingly, what I found is that Activision doesn’t own many.

Modern Warfare

ModernWarfare.com isn’t owned by Activision.  The domain is registered to Goran Blagus and sits parked.  According to a rough estimate by Compete, the domain receives anywhere from several hundred to several thousand unique visitors per month.

On Friday, October 15, 2010, a U.S. federal trademark registration was filed by Activision for MODERN WARFARE, as reported by Trademarkia.  

Modern Warfare 2

ModernWarfare2.com is actually owned by Activision – and it’s not surprisng that the company somehow got its hands on this name considering Modern Warfare 2 is one of the best-selling games of all-time.

Modern Warfare 3

Activision wasn’t so lucky with ModernWarfare3.com.  What could possibly be another record-breaking title, isn’t owned by the company.  A disclaimer at the bottom of the page reads, “Modern Warfare 3 .com is a 100% unofficial fan site dedicated to the Modern Warfare series.”

Modern Warfare 4

ModernWarfare4.com is one of the most interesting domain registrations by far.  It’s yet another domain not owned by Activision, but in this case, the owners made news headlines when they threatened to hurt a clown if the game development studio behind Modern Warfare, Infinity Ward, didn’t play ball with their demands.

A message at the top of the site reads:

Welcome to the ModernWarfare4.com Website. It would appear that Infinity Ward forgot to purchase this domain. No worries – We have good care of it.

There has been huge amounts of controversy about our actions. We won’t go into details here, (but to read part the story, click here, then google for any more..) – what we will say, is that the domain was purchased by the UK based gaming community ZiiP. We have been wondering what to do with it for a while now.. threatening to hurt this clown that you see unless IW played ball…

Sadly, it would seem IW don’t like clowns. They appear not to like PC Gamers either, as we were (like scores of others) extremely disappointed by there lack of dedicated server in the release of Modern Warfare 2.

We are not bad people. Therefore, we have decided to compromise on our previous demands of fast cars and cheap hookers in exchange for the domain. Instead, we would like IW to implement dedicated servers into MW2 for the good of the PC gaming community. We don’t want IW.net. It wasn’t asked for.

ModernWarfare5.com and ModernWarfare6.com are both registered at the time of this story.  

You won’t find any available domain registrations until you reach ModernWarfare7.com.  However, chances are good Activision won’t ever get to 5, 6, 7, or whatever – given that its Infinity Ward game studio is in shambles and it’s rumored that a futuristic Call of Duty could be the focus of its next series.

Categories
News Trademarks Video Games

Fusible domain blog gets mentioned in TechCrunch; other major news sites and technology blogs

Rewardville Beta by Zynga

Early this morning, I broke a story about the Beta launch of Zynga’s Rewardville after I noticed that the web address Rewardville.com was resolving to an actual web site and not to a GoDaddy Parked page.  This followed a week of speculation of what Zynga might have planned for the domain name. 

Just over a week ago, another domain blogger Elliot Silver first pondered whether Zynga purchased the name, then I was able to confirm the social gaming company applied for a trademark in Europe shortly thereafter.

When I posted my story this morning, I tipped off several news sites and technology blogs.

Robin Wauters was the first to write me back after he posted the story on TechCrunch, giving Fusible.com and Elliot Silver credit for ultimately uncovering the trail to Zynga.  A big thanks to Robin Wauters, and other news sites who credited their stories. 

Not all technology blogs and news sites like to attribute their stories

Mashable ran their story hours later after I submitted my news tip on their website early this morning through their Contact Form and via Twitter.  And of course, no credit back to Fusible or even TechCrunch who was the first major news site to report it.  In fact, all Mashable did was post the same statement that Zynga’s PR group sent to me and other blogs hours after the story had broke – then Mashable tried to call the story their own by not crediting any other news source.

It’s this kind of blogging or news reporting that’s difficult to see, but occurs at a disappointing rate among some of the more mainstream bloggers and news sites — a point brought up by another domain blogger over at Domain Gang in a story titled: We already told you so!

While the post is short, the message is loud.  As DomainGang writes bluntly: “Twice in recent days so-called “mainstream blogs” reiterate content we already broke the news for – sometimes with a lapse of one or more weeks”.

I might not always see eye-to-eye with DomainGang who offer a different spin on domain blogging with a dash of humor, but on this matter I most definitely do.  It’s not unusual to see breaking stories in the domain industry appear on the popular domain news aggregator Domaining.com over and over and over – with absolutely no mention or credit to the original blogger who broke the story.

As DomainGang simply says: “This comes as no surprise because the focus these days seems to be the regurgitation of news ad nauseam.”

Sure, it’s great to hear opinions by other bloggers, but it’s also good to see credit given to the source.