The Significance of Trademarks in eGaming: Building and Protecting Brand Identity

Part 2- Trademarks in eGaming

As we move further in the series, we come across the most important aspect of building a profitable gaming platform, i.e. trademarks. The very genesis of this IP right was to balance the rights of those who are able to establish their brand entity with the new ones that enter the industry. In the gaming industry, trademarks can help protect company, studio, and brand names; logos and icons; game or franchise titles; and the names and images of main characters and their worlds. Trademarks can also cover distinctive sounds, memorable animations, catchphrases, slogans, and potentially aspects of packaging, the appearance and design of controllers, and gaming systems. It is essential to take in account the commercial aspect of these businesses. Hence, when brands are applying for a trademark, ideally it is done with a long-term approach so as to protect all future possible allied products or services that may be launched depending on the success of the initial product. For instance, the success of a game may compel the company to further launch its merchandise, stationary, movie, play-items etc, broadening the scope of trademark protection.

Under the Indian law, there are several classes under which various components of an eGame can be protected-

Class 9

• Computer Software and Video Games: This class includes computer software, video game software, computer programs, electronic publications, and downloadable games.
• Electronic and Digital Apparatus: It also covers electronic apparatus and instruments related to gaming, such as gaming consoles, controllers, and virtual reality headsets.

Class 28

• Games and Playthings: This class covers games, toys, and playthings, including video game apparatus, arcade game machines, and related equipment.

Class 41

• Entertainment Services: This class includes entertainment services, providing online games, gaming services, organizing e-sports competitions, and providing information related to games and gaming experiences.

Class 42

• Software Development and Design: This class covers services related to the design and development of computer software, including video game development, maintenance of software, and updating of software.

As stated earlier, as the business may expand, the popularity of the game may be channeled in further goods and services and hence, other class may also come into picture. The list provided above therefore, is merely illustrative and not exhaustive.

Protecting Brand Identity

Trademarks are essential for protecting the brand identities of gaming companies and studios. This includes the names and logos of game developers and publishers, which help distinguish them in a crowded market. A strong trademark can prevent competitors from using similar names or logos, thereby avoiding consumer confusion and maintaining brand integrity. For instance, recognizable trademarks such as Nintendo, Sony, and Microsoft help these companies maintain their competitive edge and brand loyalty.

Game and Franchise Titles

One of the most critical applications of trademarks in eGaming is the protection of game and franchise titles. Iconic game titles like “The Legend of Zelda,” “Call of Duty,” and “Fortnite” are trademarked to ensure exclusive rights to their use. This protection extends to preventing unauthorized entities from using similar titles that could mislead consumers or dilute the brand’s value. For instance,

• Candy Crush Saga vs. The Banner Saga

One of the most notable trademark disputes in the gaming industry involved King.com, the developer of the popular game “Candy Crush Saga,” and Stoic Studio, the developer of “The Banner Saga.” In 2014, King.com filed a trademark application for the word “Saga” and subsequently opposed Stoic Studio’s use of “The Banner Saga,” arguing that the use of “Saga” in the title could cause confusion among players.

The dispute highlighted the challenges of trademarking common words and the potential for overreach in trademark claims. Stoic Studio contended that “The Banner Saga” was not similar to “Candy Crush Saga” and that players were unlikely to be confused by the two titles. The argument was that the games were distinct in genre, style, and target audience, thus minimizing any likelihood of confusion. The case was eventually resolved, with both parties continuing to use their respective titles. The resolution suggested a balanced approach to trademark enforcement, recognizing the need to protect brand identity while also preventing undue restriction on the use of common words within the industry.

• Super Mario

Nintendo’s “Super Mario” franchise, including titles like “Super Mario Bros.,” “Super Mario Odyssey,” and “Super Mario Kart,” is a flagship series with significant trademark protection. The trademark helps prevent unauthorized use of the Mario name and ensures that only Nintendo can produce and sell games featuring this iconic character.

• Pokémon

The “Pokémon” franchise, managed by The Pokémon Company, includes games like “Pokémon Sword and Shield” and “Pokémon Go.” The trademark protection covers the franchise’s name, logos, and iconic Pokémon characters, ensuring exclusive rights and preventing confusion or misuse.

In-Game Elements

Trademarks also extend to various in-game elements, such as the names and images of main characters, the fictional worlds they inhabit, and distinctive sounds and animations. Characters like Mario, Sonic, and Lara Croft are not only central to their respective games but also serve as powerful brand ambassadors. Trademarks ensure that these characters cannot be replicated or used without permission, preserving their uniqueness and value. Pikachu is trademarked by Nintendo, the company that own pokemon franchise. It has trademarked pikachu’s depiction in video games, physical hardware and other physical goods.

The sound of collecting a coin in “Super Mario” games is trademarked. This iconic sound effect is protected to maintain its association with the Mario series.

In conclusion, trademarks play a pivotal role in the eGaming industry by safeguarding brand identities and ensuring that consumers can easily distinguish between different gaming products and services. As the industry continues to expand and innovate, the importance of trademark protection cannot be overstated. We see unconventional trademarks such as sound marks coming into play, reflecting the length to which brands go to reap the benefits and prevent the unfair use of their creative property. The challenge remains in making sure that no entity is able to monopolize common figures, terms or phrases and balance their right with the new enterers in order to keep the industry fair and competitive. As we continue our series, we will further explore the impact of patents and contractual relationships within the eGaming sector, offering a comprehensive understanding of how various aspects of intellectual property law intersect with industry practices and innovations.

BY PAANKHURIE SHRIVASTAVA, RGNUL, INTERN DUCTUS LEGAL FIRM