Wonderful 101 Hits Trademark Barrier

Wonderful 101 Hits Trademark Barrier

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The 101? How long has it been since DirecTV went by that name?

The Wonderful 101, Nintendo's superhero action Wii U title, has hit a trademark snag. Its application to register The Wonderful 101 has been rejected on the grounds that it might cause confusion with another trademark: The 101, i.e. DirecTV, distributor of radio programs, entertainment services - including online computer games - and a host of other stuff. Now better known as the Audience Network, incidentally, as it no longer goes by The 101. "In this case," the Refusal to Register states, "the addition of the laudatory term WONDERFUL does not change the overall commercial impression of the mark created by the wording 'The 101.' Use of these marks on closely related goods and/or services is likely to result in confusion."

Nintendo has already responded by claiming that, yes indeed, the addition of the laudatory term Wonderful does change everything, particularly since Wonderful precedes 101. Consumers will look at that Wonderful and be amazed, stunned, gobsmacked, utterly enthralled; the mere addition of a 101 on the back end is nothing to be concerned about. "The inclusion of 'Wonderful' in applicant's mark adds a sense of power and significance to the mark that is not conveyed by registrant's mark," says Nintendo. "The term 'wonderful' connotes 'wonder,' a term that people are naturally drawn to due to the potential and mystery that it implies." An argument not without charm, though whether the folks at the Trademark Registration office will see it that way is an open question.

Besides, Nintendo argues, Nintendo sells games for people to play on its consoles. That isn't what DirecTV - which hasn't used the 101 title in a while, Nintendo notes - does; online computer games are a DirecTV sideline. DirecTV has a completely different market share, so there shouldn't be any significant confusion. Surely the Examining Attorney agrees, Nintendo coyly suggests? But whether that's so or no is, as yet, undecided.

Source: NeoGAF

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DirecTV has gotten themselves into a world of hurt. Rule number 1 in the games industry: don't fuck with Nintendo's legal department. There are greqt white sharks less bloodthirsty.

Nintendo's response is worth reading in full just for the number of stealth bitchslaps they get in. After defending the use of the term 'wonderful' they then start arguing how plain old 'the 101' is a weak name anyway. The whole thing is just dripping with snark.

How can you trademark a number?

Christ _

What about 101 Dalmatians?, or does the inclusion of canines negate that :D

j-e-f-f-e-r-s:
DirecTV has gotten themselves into a world of hurt. Rule number 1 in the games industry: don't fuck with Nintendo's legal department. There are greqt white sharks less bloodthirsty.

Nintendo's response is worth reading in full just for the number of stealth bitchslaps they get in. After defending the use of the term 'wonderful' they then start arguing how plain old 'the 101' is a weak name anyway. The whole thing is just dripping with snark.

This . Why the hell did anyone bring this up? Do they think they can get money from nintendo?

And to think, I was supporting criminals when I signed up for all those freshmen classes: Math 101, English 101, PE 101...

Captcha: burning oil

Good idea, Captcha! I'll go get the hose.

j-e-f-f-e-r-s:
DirecTV has gotten themselves into a world of hurt. Rule number 1 in the games industry: don't fuck with Nintendo's legal department. There are greqt white sharks less bloodthirsty.

Nintendo's response is worth reading in full just for the number of stealth bitchslaps they get in. After defending the use of the term 'wonderful' they then start arguing how plain old 'the 101' is a weak name anyway. The whole thing is just dripping with snark.

It is indeed worth reading the whole document. Couldn't help by laughing out loud at certain parts, including the pfd's at the bottom.
Damn Nintendo, you got humour!

What kind of reason is that?
It's a videogame. Not a television channel.

I love how corporations like to think people are complete idiots.

This must be Direct Tv's way of getting attention.

I kind of don't think Direc TV is going to win this.
Their case seems kind of flimsy to begin with.

j-e-f-f-e-r-s:
DirecTV has gotten themselves into a world of hurt. Rule number 1 in the games industry: don't fuck with Nintendo's legal department. There are greqt white sharks less bloodthirsty.

As long as their fans live in a state of denial.

Daystar Clarion:
How can you trademark a number?

Christ _

What about 101 Dalmatians?, or does the inclusion of canines negate that :D

Disney has a deal with DirecTV. It was signed in goats blood in a dark ceremony held in a location known as the Pit of Satan....More commonly known as Washington, D.C.

The Audience Network hasn't gone by "the 101" since people wrote on scrolls :P

So let me get this straight, a company who no longer even goes by the name "The 101" is trying to stop a game - a place where they don't even compete - from being named The Wonderful 101, even though with the Wonderful it is clearly distinct from The 101, and people wouldn't even think about it.

Good luck with that whoever you are!

"Nintendo has already responded by claiming that, yes indeed, the addition of the laudatory term Wonderful does change everything, particularly since Wonderful precedes 101. Consumers will look at that Wonderful and be amazed, stunned, gobsmacked, utterly enthralled; the mere addition of a 101 on the back end is nothing to be concerned about."

Your wording made me laugh, which I could REALLLLLLY use.
Thanks much!!!

Andy Shandy:
So let me get this straight, a company who no longer even goes by the name "The 101" is trying to stop a game - a place where they don't even compete - from being named The Wonderful 101

I see several other posters got this fact wrong:
DirecTv is NOT involved in this. The *place where you register new trademarks* refused Nintendo this name, because THEY think it will cause confusion.

DVS BSTrD:
The Audience Network hasn't gone by "the 101" since people wrote on scrolls :P

Hoho! I see what you did there!

This whole case is a farce. I don't understand how they can possibly believe that people will confuse the two, especially since the Audience Network doesn't even use this name any more!

Kenjitsuka:

Andy Shandy:
So let me get this straight, a company who no longer even goes by the name "The 101" is trying to stop a game - a place where they don't even compete - from being named The Wonderful 101

I see several other posters got this fact wrong:
DirecTv is NOT involved in this. The *place where you register new trademarks* refused Nintendo this name, because THEY think it will cause confusion.

Which leads to the next logical question: Why does the trademark office care? They're not even related, and beyond that "The 101" doesn't even use its trademark anymore.

Kenjitsuka:

Andy Shandy:
So let me get this straight, a company who no longer even goes by the name "The 101" is trying to stop a game - a place where they don't even compete - from being named The Wonderful 101

I see several other posters got this fact wrong:
DirecTv is NOT involved in this. The *place where you register new trademarks* refused Nintendo this name, because THEY think it will cause confusion.

I think that place is the USPTO. Had they instead filed a patent for "method for using the number of simultaneously playable characters in an interactive entertainment title" it would have been waved through with not a glance.

shirkbot:

Kenjitsuka:

Andy Shandy:
So let me get this straight, a company who no longer even goes by the name "The 101" is trying to stop a game - a place where they don't even compete - from being named The Wonderful 101

I see several other posters got this fact wrong:
DirecTv is NOT involved in this. The *place where you register new trademarks* refused Nintendo this name, because THEY think it will cause confusion.

Which leads to the next logical question: Why does the trademark office care? They're not even related, and beyond that "The 101" doesn't even use its trademark anymore.

US copy and trademark offices have a huge domestic bias.

Well, Kings Isle would be getting in trouble too for using the Wizard 101 name since 2008 and recently with Pirate 101*, it should instantly negate the word, because it's endorsing piracy of 101, right?.

*Both games are completely and utterly awesome, especially Pirate 101.

Daystar Clarion:
How can you trademark a number?

Christ _

What about 101 Dalmatians?, or does the inclusion of canines negate that :D

Ninja'd :/ Yeah, I'm not sure either how 'The 101' is such a massive difference from copyrighting a number if adding 'wonderful' between them still causes issues.

I see several other posters got this fact wrong:
DirecTv is NOT involved in this. The *place where you register new trademarks* refused Nintendo this name, because THEY think it will cause confusion.[/quote]

Pfft, we don't need your 'facts', we just want to get mad at greedy fat-cat corporations.

Seriously though, I agree, it isn't necessary for everyone to get mad at DirectTV. Read the thread again, guys.

Captcha: Evil eye.

Nah, just tired ones... I'm off to bed.

 

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