Killer instinct Video game Trademark will not be renewed, could be confused with 2005 TV show

[Miya]

[URL]http://www.computerandvideogames.com/381812/killer-instinct-microsoft-denied-trademark-renewal/?cid=OTC-RSS&attr=CVG-General-RSS[/URL]

[QUOTE]Microsoft's request to renew the Killer Instinct trademark has been denied by the United States Trademark and Patent Office.

[B]The USPTO rebuffed the request because of "a likelihood of confusion" between the game and a little known TV show of the same name that dates back to 2005.[/B]
[B]Killer Instinct was an American crime drama series that originally aired on the Fox Network. The show was broadcast in numerous countries, but only 13 episodes ever aired.[/B]

The USPTO said:

[QUOTE]Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3370331.

Applicant's mark is KILLER INSTINCT for "video game software" and "entertainment services, namely, providing online video games." Registrant's mark is KILLER INSTINCT for "entertainment services in the nature of a television series featuring drama.

Thus, upon encountering KILLER INSTINCT for "video game software" and "entertainment services, namely, providing online video games" and KILLER INSTINCT for "entertainment services in the nature of a television series featuring drama, "consumers are likely to be confused and mistakenly believe that the respective goods and services emanate from a common source.

Although applicant's mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.[/QUOTE]

Microsoft confirmed that it was planning to renew the Killer Instinct trademark in September.[/QUOTE]

another success for the american copyright/trademark system

[ithon]

I doubt seeing this to be true if it was in China

[Fangz]

So does that mean Fox now owns the rights to this series, or is it going to go to free domain.

[Computermaster]

[QUOTE=Fangz;38702957]So does that mean Fox now owns the rights to this series, or is it going to go to free domain.[/QUOTE]

Microsoft still owns it. Trademark and copyright are different. Since Microsoft can't get the trademark renewed, they can simply change the name but still sue anyone who tries to make their own obvious copy of it.

Now if they couldn't renew the copyright, then everyone and their mother could make Killer Instinct games and get off scott free.

[Pennywisе]

I thought that the franchise which predates the other gets priority in this type of scenario. Does it not actually work like that?

[Fangz]

[QUOTE=Pennywise;38703632]I thought that the franchise which predates the other gets priority in this type of scenario. Does it not actually work like that?[/QUOTE]

I think the Rareware purchase is what is complicating this priority.