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Blizzard Sues Over DOTA TM

This document is Blizzard's "notice of opposition" to Valve's efforts to trademark "DOTA," to which Blizzard has long objected. This federal lawsuit follows indications that Blizzard is planning a retail release for their own DOTA game, which at one point was thought to be a StarCraft II modification. Blizzard filing lists the following reason for opposition: "Priority and likelihood of confusion."

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47. Re: Blizzard Sues Over DOTA TM Feb 11, 2012, 12:06 The KillSmith
 
Wow, I can tell a lot of posters here don't understand what's going on, so I'm going to copy a post I made on another forum about this to give some insight that will hopefully keep the uninformed comments to a minimum and lessen the confusion of readers:


As far as the Allstars LLC claim Blizzard has: An LLC is not the same as an intellectual property nor a trademarked name of a product. The LLC was basically nothing (owned no trademarks that I know of, otherwise this would be a shut case already) - the majority of the LLC's claim was basically just the dota-allstars website (created by Pendragon aka Mescon the glorified webmaster of a glorified DotA clan) which really had been replaced by the developer Icefrog's playdota.com, since Icefrog was the one who continued the development after others had gone on to other things and the dota-allstars domain declined. Also don't forget that this all revolved around the dota allstars variant, the starting of which was Feak's main contribution... NOT the original DotA creation which was Eul's. How is it that one of the many offshoot developers that came and went in the organic creation of a mod-based sub-genre gets sole ownership of the IP and it's name? That's not how intellectual property works in almost any country, and especially not the United States.

There's just no getting around this. The DotA concept and name was Eul's, and it CERTAINLY was never Blizzard's. I'm not even certain why Mescon went to trademark the full "Defense of the Ancients" title back when this all started... when did HE become a major developement contributor in the history of all this? Even now, working for Riot Games, he's not a developer. He's just the "Director of Community Relations". Where is his stake in all this exactly?

The thing that really ticks me off in all this is that each party making a grab for a piece in this pie all claim to be doing it for the "DotA community and fans". Let me pose this question: what does the majority of the DotA community that's been around throughout the years to see this unfold think about all this? If someone would ask them, they may find the time to answer in between beta matches as they anxiously await DotA2.

This isn't so much a Blizzard bashing as it is a developer defending. Big corporations shouldn't get to decide the fate of someone else's creative works, especially when they toiled at it for years with no pay. Try to see this from Eul's shoes (who now works at Valve along with IceFrog).

Valve has been semi-gracious in that they've basically taken the genre's acronym-become-term as the title rather than the original full title of the mod (or "map", depending on your subjective terminology choice here). Valve (including Gabe) has openly admitted to being huge fans of Blizzard and wanting to work with them on multiple fronts before this, during this, and even after... but Blizzard has remained exclusive, totalitarian, and integrated, even more so after the Activision merger since they are now beholden to stockholders. While an amazing artistic team, their new business direction is something akin to the Apple of PC gaming devs, and this whole DotA thing is just embarrassing. I wish they would just stick to making games, and I wish the dev portions of Blizzard would have chosen artistic freedom rather than more cash. Then again, maybe it wasn't their decision.

That being said: I'm still looking forward to Diablo 3

This comment was edited on Feb 11, 2012, 14:41.
 
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