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We have trademarked the word ‘CANDY’ in the EU, as our IP is constantly being infringed and we have to enforce our rights and to protect our players from confusion. We don’t enforce against all uses of CANDY – some are legitimate and of course, we would not ask App developers who use the term legitimately to stop doing so. The particular App in this instance was called ‘Candy Casino Slots – Jewels Craze Connect: Big Blast Mania Land’, but its icon in the App store just says ‘Candy Slots’, focusing heavily on our trademark. As well as infringing our and other developer’s IP, use of keywords like this as an App name is also a clear breach of Apple’s terms of use. 54.As a meme, the video was replicated by many people, using the same concept, which led to it becoming viral in early February 2013, 2 with thousands of Harlem Shake videos being made and uploaded to YouTube every day at the height of. We believe this App name was a calculated attempt to use other companies’ IP to enhance its own games, through means such as search rankings. The infographic highlights several shocking data points, such as the fact that the world spent roughly 2,782 years watching Harlem Shake videos in one month. Hmmmmm…let’s break this down law-stylee, shall we?įirst, it’s lovely, dear Candy Crush people, that you trademarked “Candy” in the EU, but the story currently rocketing around the internet is that you trademarked it here in the good old US of A. Harlem Shake Poop edition - obviously cant post it. So we’re kinda not sure what that has to do with anything, but thanks for playing. or this - which is clearly most crazy (actual FAA investigation pending). Next, you let us know that you don’t enforce against all uses of “candy” because some are legitimate, which would make sense if any game developer could possibly ever guess ahead of time what you might feel is infringing on any given day.
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That is not a super fun thing for game developers to try to figure out! Nor is it a good promotion of commerce generally if you’ve now terrorized everyone into not making candy-themed or candy-named games because you’re going to be capricious about what you enforce.Īlso, too, there’s this funny little thing about trademarks: if you don’t enforce them, they can go away. Take it away, Forbes lawyer dude who makes much more money lawyerin’ than I do! They can get genericized, which is what happened to Xerox - a once proud trademarked thing that now just serves as a synonym for “copy.” That’s not a danger here, since “candy” is already a real word, but there are still ways your own failure to enforce can result in your loss of trademark. Trademark owners should diligently protect their trademarks from infringement and other misuse (e.g., blurring, tarnishment, unfair competition, passing off, false advertising and cybersquatting) that may harm the owner’s goodwill and business reputation.