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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Re: Blizzard Sues Over DOTA TM
Feb 10, 2012, 11:51
Snabel
 
23.
Re: Blizzard Sues Over DOTA TM Feb 10, 2012, 11:51
Feb 10, 2012, 11:51
 Snabel
 
Yifes wrote on Feb 10, 2012, 11:11:
ViRGE wrote on Feb 10, 2012, 11:03:
No more than AutoDesk owns Transformers because 3dsMax was used to assemble the models. Being the toolmaker confers no ownership of the finished product (unless there's a contract stating otherwise, i.e. the free version of Unreal Engine 3).

Blizzard certainly has no standing to own the DotA trademark. The only party that has any standing is Valve, and even then it's not immediately clear that they should get it.

I'd assume that it'd depend on the Warcraft 3 map editor EULA?

From what I've seen, whenever it has gone to court in the US and the parties haven't settled out of court, the EULA has been invalid.
Since you can't accept the EULA until you've actually taken a copy of the game home with you, the contract isn't binding. At least these days it's technically possible for you to read the EULA before purchasing a game online, but it's still higly questionable whether you can be considered to have read 100 pages of legalese and understood the consequences. Companies still use the EULAs, better safe than sorry I suppose, but it remains to be seen whether they're actually worth the e-ink they're written on.

Hmm, although I suppose the map editor could be a separate issue..
God, it'll just be a mess.
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