Nintendo Attempts To Bottle The Leak Genie With Copyright Strikes
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A cursory review of our posts on Nintendo will reveal a company all too willing to wield intellectual property purely as a way to combat anything it doesn't like. The gaming giant jealously protects its IP, sure, but it also deploys its lawyers for such purposes as scaring the shit out of ROM sites, silencing YouTubers, shutting down fan-games from its biggest fans, and holding its consoles hostage unless customers agree to updated EULAs. Outside of Nintendo, many groups have tried to use copyright laws and the DMCA to combat leaks about content, or the content itself. This is rarely a good idea, what with the opportunity to use such leaks as free promotional material being an option instead.Well, as you may have heard, Nintendo suffered its own high-profile leak recently, with the forthcoming Super Smash Bros. Ultimate finding its way onto the internet before the game has even been released. As you would expect, Nintendo got its lawyers busy firing off DMCA notices for all kinds of sites that were hosting the actual game that leaked. It also, however, decided to issue copyright strikes on YouTubers who showed any of the games content.The YouTuber named Crunchii has been uploading new remixes from Super Smash Bros. Ultimate to his channel over the past few days, which has drawn the ire of Nintendo. Crunchii's channel has been hit with copyright strikes from Nintendo of America, which has caused him to be locked out of his account and will result in its termination over the next few weeks.There is also a YouTuber named Dystifyzer, who also posted songs from Super Smash Bros. Ultimate's soundtrack. He too has been hit with numerous copyright strikes from Nintendo and is expecting his YouTube channel to be gone by next week. This is stupid on so, so many levels. First, combating leaks with copyright notices rarely works at all, never mind well. Once the bell has been rung on the internet, it's nearly impossible to fully unring it. On top of that, going after YouTubers that are simply showing off the leaked product really only makes a ton of sense if you don't have a ton of confidence in the quality of that product. If you believe the product is awesome, you should want it shown off, even prior to release. Hell, maybe especially just prior to release, as a way to hype the game even further and push more sales.It's worth noting both that pretty much everyone showing off this leaked content was expecting Nintendo to freak out over it, and that the leaked content itself isn't terribly compelling.The sad thing is that the leaked content from Super Smash Bros. Ultimate hasn't been all that exciting – it's mostly new music tracks and some new facets of the World of Light mode. There haven't been any secret unannounced characters hiding in the code of the game that Sakurai was hoping to spring on the fans.The reason why the World of Light mode doesn't have as many cutscenes as the Subspace Emissary mode is due to how disappointed Sakurai was when all of the lovingly crafted FMV sequences were quickly uploaded to the Internet. The Super Smash Bros. Ultimate leak proves that he was right to reveal everything beforehand, as any secrets would have been spoiled just two weeks before the game was released. Making it all the more head-scratching that Nintendo is going to these lengths to combat the showing of the leaked content. But, hey, Nintendo is gonna Nintendo, I suppose.
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posted at: 12:10am on 07-Dec-2018
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Cubs, Nationals Launch Another Trademark Opposition Over A 'W' Logo
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Back in 2015, we wrote about a really dumb trademark dispute between a financial services firm and two Major League Baseball teams, the Washington Nationals and Chicago Cubs, over the letter "W." This insanity went on for years, with the MLB teams claiming there would be some sort of customer confusion in the public between professional baseball teams and a company that provided money management.Well, in case you thought that this was insanity of the one-off variety, both baseball clubs are back at it with an opposition for the trademark of Starwood Hotels and Resorts, whose logo is, you guessed it, a "W."At the end of November, the Nationals and Cubs filed an opposition with the Trademark Trial and Appeal Board against Starwood Hotels & Resorts Worldwide. The Nationals and Cubs are apparently upset with Starwood’s pending trademark application to register “W” in connection with “Entertainment services, namely, planning, conducting and hosting music festivals, concerts and performances by musical groups and individuals.”Starwood claims to have started using “W” in connection with the aforementioned services as early as January 2005. The Nationals and Cubs could care less. They say that if Starwood gets its wish of registration, then Starwood will be given permission to confuse people into thinking that its services are in some way approved, endorsed or sponsored by the Nationals and/or Cubs. This is the type of situation that calls for people to recognize the subtle differences and to keep their eye on the ball for trademark law, which is customer confusion. Yes, all three trademarks in question are versions of the letter "W." Yes, all three entities in question are in some segment of the entertainment industry, two being baseball teams and the third wanting to use its trademark for music concerts and performances. That, however, doesn't equate to Starwood's use somehow resulting in public confusion. Just to be clear, this is one of the many iterations of hotel logo we're talking about. This seems like a stretch of a case for the Washington Nationals and Chicago Cubs, since Starwood is very widely known for its “W” brand of hotels and no reasonable person is confusing said hotel brand with the baseball clubs. Further, Starwood already owns trademark registrations for the “W” brand, including one in relation to providing hotel services, food and beverage and bar and cocktail lounge services. Unless the Cubs and Nationals are also going to attempt invalidating those registrations, this new opposition seems half-hearted and destined to fail. So, strike two?
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posted at: 12:10am on 07-Dec-2018
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