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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.
Comments
Proud Member of Mongbat
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.
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.
Imo, that's just taking it to the extreme.... wow.... still....
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
'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?
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.
I wouldn't use "their" tag simply to avoid the embarrassment of association with their guild.
i would just trademark the guild chuck norris and become rich in like ... a day
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Xp>vista>2000>98se>98>95>3.1>dos>linux0.54beta1>Hamster Running in a wheel>milenium
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.
pwned.
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.
A man dies daily, only to be reborn in the morning, bigger, better and wiser.
-Playing AoC
-Playing WoW
-Retired- SWG
-Retired- EVE
-Retired- LotR
Computer (- Phenom 9600 Black Edition @ 2.81 Ghz (Quad Core CPU)- Gigabyte MA790FX-DS5 - 4 Gigs of PC 8500 ram (1066)- EVGA GeForce 8800 GTS PCI Express 2.0 - WD 500GB 7500RPM - Zalman CPU cooler (air cooled)
- 24" Widescreen 1080P HD display).
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
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
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.
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!!!
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 -
"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.
====================
Remember man that passes by,
as you are now so once was I.
And as I am so must you be,
prepare yourself to follow me.
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