3 ms·

Banner Saga can still be released without a trademark, right? I thought that was their point, however misguided they might be.

• eponeponepon 13y ago
  Why should they have to? As far as I understand it, they actually applied to trademark 'The Banner Saga' before King decided to apply for 'Saga'. To my mind, their point amounts to 'we are bigger and richer, so we should get our own way'.
  • rayiner 13y ago
    In trademark, generally what matters is when the mark is used in commerce, not filing date. This is because trademark is all about consumer association. From what I can tell, Candy Crush Saga came first.
    • ramy_d 13y ago
      going by the information on wikipedia, http://en.wikipedia.org/wiki/Candy_Crush_Saga http://en.wikipedia.org/wiki/Candy_Crush_Saga http://en.wikipedia.org/wiki/The_Banner_Saga http://en.wikipedia.org/wiki/The_Banner_Saga Candy crush saga came out april 2012, while the banner saga's kickstarter campaign had already begun in march of 2012. People were already throwing money at them and investing in their application. Does that matter at all?
      • rayiner 13y ago
        Interesting, I didn't know they had a Kickstarter. It's a novel question, because trademark is established by "use in commerce." Is a Kickstarter page "use in commerce" before a product exists? On one hand, you can't just lay claim to a name saying "we intend to make a product in the future with this name." That's not use in commerce. But a Kickstarter is a lot more concrete than that.