Sunday, April 14, 2019

Independent media personality clashes with game company over a wordmark, but this sounds like a situation where mediation should help

Yesterday, I watched Tim Pool’s video on the possible trademark dispute with a game company Studio FOW, and I embedded it in a short article on my Trademark Dilution blog.
The Quartering has a twenty-minute video now in which he suggests that both parties mediate and settle by making slight changes to their respective names.

He suggests that “Subverse” be called “Subverse Media” and that “The Subverse” in the game have a slight change (“The Subverse of ….”).

The game does not use Subverse in the domain name, but it did announce a Kickstarter for the game.
TheQuarterling likes the game (doesn’t see it as pornographic) and also follows Pool’s Timcasts.

In general, it is acceptable for the different businesses to use the same wordmark for their businesses if they are in different.  In my mind, a media outlet is different from a game company product and wouldn’t normally confuse visitors. 
But making money means taking into account average visitor literacy, which is not very good, it seems. 
I had a situation back in 2005 after I gave up my old "" domain and moved everything to "doaskdotell" when the hppub domain became a casino gambling site that people could confuse with me. 

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