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Thread: [TechPowerUp] Thermaltake and Mayhems Fighting Over "Pastel" Trademark in the UK Reply to Thread
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  Topic Review (Newest First)
02-15-2019 03:20 PM
ToTheSun!
Quote: Originally Posted by The Robot View Post
Prey and pray already sound the same, so no need to make it even more obvious, and they do have a stylized "E" already. It's as dumb as if V-Rally and Dirt Rally had to fight for the right to use the word "rally" in the name and the losing side had to settle for "rallye". It's obvious that those kind of names can coexist just fine.
"Rallye" isn't a play on words in the context of either game. I was being facetious when I said Bethesda did them a favor, though. But I do see your point. The phonetical equivalence already does the job and is subtler, which is probably better than that "praey" frankenstein.
02-15-2019 03:12 PM
The Robot
Quote: Originally Posted by ToTheSun! View Post
Bethesda did them a favor. "Praey" is a great play on words that fits well into their game's narrative.
Prey and pray already sound the same, so no need to make it even more obvious, and they do have a stylized "E" already. It's as dumb as if V-Rally and Dirt Rally had to fight for the right to use the word "rally" in the name and the losing side had to settle for "rallye". It's obvious that those kind of names can coexist just fine.
02-15-2019 03:02 AM
ToTheSun!
Quote: Originally Posted by battlenut View Post
Well looks like Bathesda made my poop list. I think Bathesda is just a bully
Bethesda did them a favor. "Praey" is a great play on words that fits well into their game's narrative.
02-15-2019 02:08 AM
battlenut
Quote: Originally Posted by The Robot View Post
And you can't call it "Prey on the weak" too. But of course, people defending ThermalFakers won't see any difference.
https://www.pcgamer.com/bethesda-exe...emark-dispute/
Well looks like Bathesda made my poop list. I think Bathesda is just a bully
02-14-2019 10:26 PM
The Robot
Quote: Originally Posted by battlenut View Post
It sucks, but we have let the copyright dumb stuff. So if I created a game called "old people scrolls". I could be sued?
And you can't call it "Prey on the weak" too. But of course, people defending ThermalFakers won't see any difference.
https://www.pcgamer.com/bethesda-executive-responds-to-prey-for-the-gods-trademark-dispute/
02-14-2019 08:52 PM
battlenut It sucks, but we have let the copyright dumb stuff. So if I created a game called "old people scrolls". I could be sued?
02-13-2019 05:16 AM
JackCY
Quote: Originally Posted by LancerVI View Post
I like TT. Their cases are pretty good for the price you pay.

Trademarking a word like "Pastel" is beyond ridiculous.

I know everyone loves to hate "ThermalFake", but they provide solid products for reasonable prices, in general. I love my Tower 900. One of the absolute best cases I've ever worked with.
TT has been around for decades with often lower price bracket products but even more pricey ones.
Plus if one wants a case similar to Caselab's what are they going to buy? A Caselab case? LOL was barely available with endless waiting times, people fed up with them constantly until they called it quits despite the company supposedly being in business for decades making industrial cases? Yet few years after making consumer retail available cases they go bust? Thermaltake didn't do them in nor did tariffs, they did themselves in with debt and unable to adapt to a changing market.

Quote: Originally Posted by Diffident View Post
The color Pastel wasn't trademarked, the Product line called "Pastel" was. Mayhems doesn't use "Pastel" to describe the color of the product they sell, "Pastel" is the name of the product.

Would someone be able to build a computer and call it an Apple or Macintosh even though it's a fruit that's existed for thousands of years?
There is a difference between company name as in trying to sell "Apple iMac" and trying to sell a product named apple "Thermaltake Apple" and trying to sell "Thermaltake iMac".

All in all right now with this broken system of trademarks and patents it's all about how much $$$ does a company want to throw at these trademark/patent offices to buy a seat at a court. That's all it is in the end. There is even a whole market for it where companies buy and sell these sort of rights for profit and for the ability to sue someone no matter how vaguely similar it may be to something someone else does. Whole companies exist for this purpose only
02-13-2019 01:20 AM
ToTheSun!
Quote: Originally Posted by The Robot View Post
It's not the same actually, Bethesda bullied an indie developer who never intended to steal the name, but here we see big company just blatantly stealing a trademark from a small firm and thinking they can get away with it since they got an army of lawyers. So yeah, I think Mayhems is morally right on this one, and it's not an issue of "frivolous patents".
Perhaps TT also didn't intend to steal the name, either...

As for the "morally right" comment in the context of business, hah! That's cute.
02-12-2019 05:15 PM
Diffident The color Pastel wasn't trademarked, the Product line called "Pastel" was. Mayhems doesn't use "Pastel" to describe the color of the product they sell, "Pastel" is the name of the product.



Would someone be able to build a computer and call it an Apple or Macintosh even though it's a fruit that's existed for thousands of years?
02-12-2019 03:51 PM
Bit_reaper
Quote: Originally Posted by The Robot View Post
It's not the same actually, Bethesda bullied an indie developer who never intended to steal the name, but here we see big company just blatantly stealing a trademark from a small firm and thinking they can get away with it since they got an army of lawyers. So yeah, I think Mayhems is morally right on this one, and it's not an issue of "frivolous patents".
First of all is important to understand that Bethesdas trade mark for Elders scroll is very valid and can be categorized as "suggestive words" as they are not directly related to computer games or even RPG's. What Bethesda did wrong was use it to go after someone who was using the name "Scrolls" something they had not trade marked.


The argument TT is doing in this case is argue that in the context of colored products the word "Pastel" is a generic word and in most countries generic words that name a product can't be trademarked.


And now for the kicker, and I'm mostly speculating here now as I'm not an expert.

Mayhems trademark UK00003129168 is for
Quote:
Class 1
Coolants;Chemical preparations for use as coolants;Concentrated cutting fluid coolants;Coolants (anti-boil preparations for engine-);Coolants for vehicle radiators;Engine (coolants for vehicle -);Engine coolants;Machine coolants;Machining coolants;Vehicle engine coolants;Anti-boil preparations for engine coolants;Coolants (Anti-boil preparations for engine -);Engine coolants (Anti-boil preparations for -);Coolants for vehicle engines;Engines (Coolants for vehicle -);Vehicle engines (Coolants for -).
So perhaps whoever issued the trademark didn't consider the color of a coolant to be of an descriptive attribute so they treated the word Pastel as they would have any other none relevant word like for example "vivid" or "fresh". I don't think anyone would have been silly enough to approve trademarking the word pastel in the context that is was a paint or dye.
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