Yup, you’ve heard right. Officially, the word “candy” is now a trademark of King, the studio behind Candy Crush Saga, at least when it comes to video games and clothing. The idea in itself is hard to swallow when it comes to gaming, it’s even more absurd when it comes to clothing. Don’t expect to buy a candy-themed t-shirt for your daughter anymore, King probably sued all clothing companies in the United States already.
The trademark approval came on the 15th of January, after King filed the request last year in February. As of now, don’t expect to publish a game with “Candy” in the title. While I could see a law-suit against a game named “Crush the Candy” to be perfectly acceptable, the fact that a trademarking such as this was approved for a relatively common word seems exaggerated. The makers of Candy Crush Saga have already begun making use of their trademark right by approaching Benny Hsu, the maker of the small indie game All Candy Casino Slots – Jewels Craze Connect: Big Blast Mania Land.
“Your use of CANDY SLOTS in your app icon uses our CANDY trademark exactly, for identical goods, which amounts to trademark infringement and is likely to lead to consumer confusion and damage to our brand. The addition of only the descriptive term ‘SLOTS’ does nothing to lessen the likelihood of confusion.” is the message received by Benny Hsu, who was asked to remove his game from the AppStore. He has already agreed to change the name of his game. Not that this is a bad thing for him, his game could definitely use a name overhaul. The problem lies in the fact that major studios like King can now heavily assault smaller indie game producers and developers that simply lack the funds to be able to respond legally.
Such trademark claims can be viably defended against in courts, but the fact remains that not many developers can afford to start a full-fledged war against studios as big as King. I’m just wondering if King can pull such a trademark off with Candy Crush Saga, where’s the limit? At this rate, it wouldn’t surprise me to see Rovio file for a trademark on the word “bird” or Zynga trademarking the word “farm”.