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Guild Names: This made me laugh!

KelsonmacKelsonmac Member Posts: 313

I got the following message yesterday from someone at www.warhammeralliance.com.  I am not posting this to flame him, because I honestly think his heart was in the right place, and I appreciate his message to me. So, I am not posting the entire pm, just the information he presented to me. I think it is pretty interesting and kind of funny. (I want to re-state that this pm I got was non-threatening. It was from a guy - not from this guild - who just wanted to share some information with me.)

You can check it out at this page.



http://www.llts.org/trademark.htm



Can We Use Your Mark As Our Guild/Clan/Organization Name?:

No. The Syndicate® does not grant permission to use our Mark to any other groups, for any online gaming related endeavor. That includes, but is not limited to, online gaming guilds/clans/organization names and online gaming related site names. Permission to use The Syndicate® has never been granted and if you see anyone using the mark please report them to us and we will take the necessary action to protect our mark.



So, what do you guys think? Isn't it kind of overboard for someone to register a Guild Name in a MMORPG? I mean, I've said some off-the-wall stuff here, but this is just way over the top to me! I'd suggest looking at the link, because it is a very interesting read. Anyway, here is a part of the response I sent the guy who messaged me.

- We're not using the "Syndicate"name. That was just a temporary thing we came up with.


- Actually, a player can not be fined for using a registered name. Let me give you an example. Say I used the name "Legolas" as my character's name, and the Tolkein estate got wind of it and were upset because "Legolas" is a registered name. I would not get in trouble. You see, EA/Mythic is responsible. Even though it's the name of MY character . . in actuallity, my character (and its armor/weapon etc) are the intellectual property of EA/Mythic. Now, it would be up to EA/Mythic to request that I change my name (or change it for me)



- Even if we used "Syndicate" as our guild name, it is still not a registered trademark infringement. If you look closely, the registered trademark is "THE Syndicate". - "Syndicate" would be considered a "common" name - and since it would be used in WAR without malice . . and certainly not for profit . . . unless EA/Mythic requested a name change, no judge in their right mind would look twice at the whole thing.



But anyway, thanks for the heads-up.

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Comments

  • plastictrollplastictroll Member Posts: 53
    lol i think he has played too many games and watched too many cop and fraud films. who in their right mind would give two poops if joe bloggs down the road uses their guild name for their own guild. its not like it will affect a selling in somebody's product or create competition. its a stupid game which you play in your free time, no need to take small details like that so seriously

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  • MentoseMentose Member Posts: 16
    Interesting. I think this guy is delusional. You can't blanket-trademark a common name. If this was so, people would begin trademarking the words "guild" or "clan" and expect to get a royalty every time it was used.
  • BranniganBrannigan Member Posts: 66
    Simply....no...

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  • callmetobycallmetoby Member Posts: 302
    Well, not only did they trademark a commonly used name and are now trying to police it across the entire MMO genre, they've also written a book about themselves. No really, they did...look here. It all seems a bit egotistical to me. Go figure.
  • RuffozRuffoz Member UncommonPosts: 76
    Wow.. that's way too much..



    Talk about opening some MMORPG addiction institues.. rofl I can't stop laughing  damn. This was better than the kid crying cause the parents wouldn't let him play WoW.



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  • JimmyLegsJimmyLegs Member Posts: 361
    Wow..... just.... wow.... I can't think of anything to say... I got nothing.
  • desnowdesnow Member Posts: 390
    Originally posted by callmetoby

    Well, not only did they trademark a commonly used name and are now trying to police it across the entire MMO genre, they've also written a book about themselves. No really, they did...look here. It all seems a bit egotistical to me. Go figure.



    They do not understand how a trademark functions and what a defining feature is. It may be registered, but easily contested since it lacks a defining tracable characteristic. It is a kin to trademarking a cartoon duck and naming it Mr Duck. While the combination is a set and under trademark, the drawing is a creatation and component also distinctive, but the Mr Duck part would have to be labled in connection to the drawing or other designation to make it identifiable (such as Mr Duck with an asterix listing the appropriate usage...ie the company/situation of relevance). This does not mean no one else can call a cartoon duck Mr Duck however, just that the differences have to be identified.

    Another example would be McDonald's. McDonald's with the Arch is clearly the fast food chain, but just McDonald's alone could be the name of someone who owns a farm (or a cafe, supermarket...anything) and put it in the title. They can both use the name in a trademark, they just have to identify the specifics which is often small print on the bottom of an ad or such.

    This particular The Syndicate seems not understand this, but they are pretty stuck up about it as others have mentioned.

    Edit: Also The Syndicate is an old grouping of BBS boards which used to have online gaming in the form of text games. They used to be listed in Computer User and other such BBS catalogs. If anyone from that group were to contest the trademarking of The Syndicate the guild's mark would be invalidated entirely.

  • JimmyLegsJimmyLegs Member Posts: 361
    I actually looked them up on their server, Zul'jin, and the players there even say they are stuck up / egotistical (sp?). In all honesty, if I did not know of this trademark and they saw my carring a "The Syndicate" tag, I wouldn't change it unless they manage to get all their lawyers and waste time. Unless they have money to pay for lawyers they'll ask or bargin first.



    Imo, that's just taking it to the extreme.... wow.... still....
  • IlshiIlshi Member Posts: 12
    "As one of the oldest, largest and most powerful guilds in all of online gaming, The Syndicate® has developed a strong reputation over the years. We seek to protect that reputation from misuse of our guild name and have taken the step of Trademarking our guild name "The Syndicate®" along with our logo and our motto."



    Direct quote from their webpage.



    This guys are fucking arrogant d00che bags.







    I've got half a mind to start a guild named "Teh SinDickAte" just to see if they would really sic their lawyers on me.  This is a joke.



    These guys lives are a joke.

    w3rd

  • AnviliteAnvilite Member Posts: 2
    Did you know that the characters inside the games are the ownership of the companies that produced it? For example, anyone can make a guild called The Syndicate in Warhammer Online: Age of Reckoning. Why? Because EA Mythic owns WAR, WAR's content (albeit not the IP :D) and therefore anything you do inside of WAR is, technically, not yours. You own a copy of the CD's and are permitted by EA Mythic, by a license, to use their game. As such, the guild is not yours.



    'The Syndicate'. You cannot put a Trademark on a guild name. A guild is a fictional thing, no matter how many books you write about it, it's still virtual and property of whatever game you create the guild in. 'The Syndicate' in WoW is property of Blizzard. 'The Syndicate' (if created) in WAR would be property of EA Mythic.



    I think it's great you've got a community that's stayed together for so long and played so many games together. That's great. Just don't think anyone else cares. I know that may seem harsh, but I heard 'The Syndicate' and thought of about four guilds from my WoW server. There is no THE 'Syndicate', but there are plenty of guilds by that name.



    Ego, much?

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  • Shaman64Shaman64 Member Posts: 399
    Sup WAR community, dont post much on these forums , much any more. I just don't have the time for mmos anymore, of course I signed up for the WAR beta. But when I compare the time iwasted on mmos in the past I'm amazed that I really have nothing to show for it. MMOS are mostly a time sinker, for only with people with money and free time. What these people are trying to do are set themselves up as a dominant force in the player population. But I cannot believe a group of people would go as far as to publish a book or trademark thier name. All good things must come to an end, including gaming guilds. I really hope these guys get stuck up the @$$ hard. I have nothing against them. But thier level of serious about thier guild is bull.

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  • EridanixEridanix Member Posts: 426

    The more self boasting guild page i've read since the date. And that's hard...

    Furthermore, where do they find the maturity in Zul'jin, PvE server? LoL

    They smell of world largest carebearitis & egolatry affected members collection. Seriously.

    To the OP, if you wanna have The Syndicate tag after reading such l33tzit-bombastic crashdown of guildweb you won't need a lawyer but therapy. No offense. 

    It is a question of fangs.

  • TheutusTheutus Member UncommonPosts: 636

    I wouldn't use "their" tag simply to avoid the embarrassment of association with their guild.

  • HerakHerak Member Posts: 20

    i would just trademark the guild chuck norris and become rich in like ... a day

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  • Minks987Minks987 Member Posts: 9

    who are they again i've never heard of them haha. almost every server on wow is gonna have that name it's too popular of a name

     

    http://armory.worldofwarcraft.com/search.xml?searchQuery=The+Syndicate+&searchType=all

     

    74 guilds and 113 arena teams they better ready up the lawyers haha

  • The Syndicate is a dictatorship style guild

    Seems to be a Ultima Online and World of Warcraft guild, but never heard of them before........

     

    However I granted them respect. That guild has lasted over 10 years now.

  • RiSqU3RiSqU3 Member Posts: 67

    Originally posted by Theutus


    I wouldn't use "their" tag simply to avoid the embarrassment of association with their guild.

     

    pwned.

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  • area84area84 Member Posts: 335

    Wow lol is this a friggin joke? What a bunch of loosers, if people cared this much about their rl as they do about a friggin guild name the world would be a better place today.

    This is just too funny I really wouldnt think someone would go this far lol.

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  • impulsebooksimpulsebooks Member Posts: 561
    Originally posted by Battlekruse


    However I granted them respect. That guild has lasted over 10 years now.



    The name might have been around that long, but are the founders still there? Its just a name after all. The real test of any guild is the quality of the people behind the name. 

    ______________

    Mark E. Cooper
    AKA Tohrment
    Proud member of Damned Souls since 2007.
    http://www.damnedsouls.eu

  • HadesPvPHadesPvP Member Posts: 33

    Yep these guys played on my server (Atlantic) on Ultima Online.  They basically had a ton of people and zerged everyone back in the day. On their website they would say stuff like "we greatly outnumbered our enemies but the cause was just". None of them were any good at PvP at all. They are like a professional MMO guild. The name "The Syndicate" is far too common to keep to yourself anyways. I'm surprised you asked them to use it, I certainly wouldn't. After hearing this I think ill log onto UO and kill a bunch of them for you :)

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  • Originally posted by impulsebooks

    Originally posted by Battlekruse


    However I granted them respect. That guild has lasted over 10 years now.



    The name might have been around that long, but are the founders still there? Its just a name after all. The real test of any guild is the quality of the people behind the name. 



    So far I recall, then "Dragons"  are still the guildmeister of The Syndicate.

  • chaplain13chaplain13 Member Posts: 1

     

    Originally posted by callmetoby

    Well, not only did they trademark a commonly used name and are now trying to police it across the entire MMO genre, they've also written a book about themselves. No really, they did...look here. It all seems a bit egotistical to me. Go figure.
    "...We are a professional, mature team focused organization..." should be replace with "we suffer from delusions of grandure, sever egotism, and a god complex" and "...focuses on growing our community, building friendships and in making the Online Gaming community better for all gamers." should be replaced with "focused on isolationism, ruining peoples lives, and trying to dominate the Online Gaming Community (bow to us you mere mortals)"

     

    my favorite part though is " To call The Syndicate a guild would be to greatly understate what we are"......"We are part guild... part successful company... part community of friends... part competitive team... part gamer all rolled into the most successful online organization ever created. "  WE ARE MEGA-GUILD!!!



     

  • SophistSophist Member Posts: 171

    Well first off This guys an idiot. Second the rest of his guild are morons too not one of them seems to have read the first line of the description of trademark. The first line clearly states.

     

    "A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others."

     

    So in essance he is saying that he and all of his guildies are basically goods,Meat,Chopped liver, Bananas,Penuts,Lard,or any other goods. Basically I like the meat variation seeing as they prolly got as much brains as a slab of.

     

    Just my 2 ¢      

    "The most important thing is to have the design support the players in setting their own goals in both cooperative and competitive interaction with one another." - Ironore -

  • diaboyosdiaboyos Member Posts: 209

    "The law defines Trademark violations as, of course, using the name The Syndicate as your guildname. But that isnt the only way you can violate the mark. It is also a violation to use a deliberate misspelling (ex: Cyndicate) or to have a confusing similar name (ex: The Racing Syndicate or The Syndicate Guardians)."

    This was on their website but I don't see how what they claim can be at all true.  If you are trademarking something you are trademarking exactly that, not similar resemblances right?  I mean look at all the movies that you see similar resemblances where we all know exactly what they mean but they misspell something.  For example, a box of Fruit Loops on a table but it's called Fruity Loops.  Or a can of Pepsi but it's labeled Pepsee.  I see these in movies all the time.  They get away from having to pay those companies royalties by changing the name of the product slightly but still using the same artwork or logos so with a glance it looks like the real thing.  If they couldn't get away with resemblances the movie studios would have been sued a long time ago.

    Straight from the trademark government website:

    Trademarks include any word, name, symbol, or device, or any combination, used, or intended to be used in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.

    I think the key phrase there is "in commerce".  Just what kind of commerce is going on in an online guild?

    They claim to have registration numbers and also claim they've enforced their "right" to the name before, but I fail to fully see the legality of reserving such a non-tangible object as a name with no product to apply it to.  If they want to reserve their name on their own website that's fine I guess, but on an MMO the name they claim to have reserved isn't theirs in the first place.  It all belongs to the MMO anyway.

    I don't know enough about law but that doesn't seem right.

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  • LoupsterLoupster Member Posts: 74
    Originally posted by chaplain13


     
     
    Originally posted by callmetoby

    Well, not only did they trademark a commonly used name and are now trying to police it across the entire MMO genre, they've also written a book about themselves. No really, they did...look here. It all seems a bit egotistical to me. Go figure.
    "...We are a professional, mature team focused organization..." should be replace with "we suffer from delusions of grandure, sever egotism, and a god complex" and "...focuses on growing our community, building friendships and in making the Online Gaming community better for all gamers." should be replaced with "focused on isolationism, ruining peoples lives, and trying to dominate the Online Gaming Community (bow to us you mere mortals)"

     

     

    my favorite part though is " To call The Syndicate a guild would be to greatly understate what we are"......"We are part guild... part successful company... part community of friends... part competitive team... part gamer all rolled into the most successful online organization ever created. "  WE ARE MEGA-GUILD!!!



     

    ??!!??  Oh my, they did not just say that they are the most successful online organization ever created. God these guys are so lame, and they actually published a book about themselves...they're a friggn guild, wtf!!

    -Snowman <- this name was taken.....but I like it more

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