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Rift: Planes of Telara: Palladium Books Sues Trion Worlds
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...really?
Damn, I thought jokes had to be limited to Alganon and trolling new releases in whatever way possible, apparently I was wrong, the word isn't even "rifts".
Its amusing that you think that Trion would be in trouble over this... Do you have any idea of the size of some of the mega corps behind them? Just about any one of them(let alone collectively) could buy Palladium out of pocket change. If Palladium is smart, they will settle this for some decent money, Trion will change the name, and go back to its business. Other wise, things could get unpleasant.
I DONT CARE ABOUT THE NAME... JUST THE GAME.....IS IT GOOD OR NOT?
THATS ALL I WANT.
WASTE OF TIME SH!T.
First off the name of their product, officially, is "Rift: Planes of Telara."
Secondly, there are other games out there with "Rift" in the title. Just one random example: http://www.candystand.com/play/rift There are plenty more I'm sure you can all find with a little help from Google.
Third, because "Rift" is only part of Trion's title, then by their logic Wizards of the Coast should be suing the makers of Dungeon Siege and Dragon Quest. If the title is not their beef, and the subject matter is --- a world being invaded by creatures from other dimensions! --- then the first people they should sue is Turbine for Asheron's Call. Not to mention PnP games and MMO's are very different mediums, no matter what anyone may try to tell you, which makes their case even more flimsy.
No, it does not matter what people "think" when they see the name of Trion's product, what matters is legal precedent. Just because we might think of Heinz when someone mentions ketchup, does not mean other makers of ketchup can sue Heinz. Legal precedent will most likely not be in favor of these idiots. They're obviously just in it for the cheap publicity.
My only hope is that Trion does not have to siphon too much money away from useful things like development to fend off these bottom-feeding has-beens. I hope they can find some reason to file a good counter suit.
I don't know what you're ingesting there, but I think that common decency demands that you share it with the rest of the class, reality being the royal pain it is and all.
"Soloists and those who prefer small groups should never have to feel like they''re the ones getting the proverbial table scraps, as it were." - Scott Hartsman, Senior Producer, Everquest II
"People love groups. Its a fallacy that people want to play solo all the time." - Scott Hartsman, Executive Producer, Rift
I completely agree. That's like saying the word abyss belongs to you, or portal, or bridges...or whatever. I don't see how companies can sue over absolutely run of the mill names. Oh sure, if the name was Zhiganoza or some weird shit....I can see it, but RIFTS? That's just ridiculous.
On the other hand, if the game ITSELF, not just the NAME is "copied"....then I can see the issue.
President of The Marvelously Meowhead Fan Club
Exactly. See my earlier post for several examples of games with 'Rift', in the title.
As far as the concept of beings invading through dimensional portals and whatnot, well that existed long, long before some has-been (but admittedly cool) PnP RPG. In fact, they should sue Blizzard since that's how the orcs entered Azeroth in the first place (oh, my bad, they called it a gate, not a rift, so it must be okay). In point of fact, that's how orcs entered the Forgotten Realms as well! And... and... adventuring parties can travel between the planes through portals, which are also called rifts! OMG!! Not to mention the myriad of various authors and video games which have also made liberal use of extraplanar and extradimensional warfare/invasions/etc...
So, by that logic, Palladium can sue Blizzard, and Hasbro can sue both of them, because they all feature products with various tears in dimensional barriers and whatnot....
The above example is admittedly extreme and quite silly, but I think it gets the point across. Palladium hardly has a monopoly on either the word or title Rift, or the concept behind it.
Now if Trion starts introducing juicers, glitter boys, and the like into the lore that's a whole different story.
When I first saw this pop up I got my hopes up thinking it was a Rifts (Palladium) game
what a disappointment, and good for Palladium
VooDoo, as rednecksith said, the title alone isn't enough, nor is the fact that ONE ELEMENT of the game happens to involve rifts/portals/gates to other dimensions. Unless they liberally borrow from the setting owned by Palladium, there is simply no case. This was a cheap attempt to promote their product at someone else's expense (from a PR perspective).
Why doesn't Wizards of the Coast sue Sony for having a class called "Wizard" in their game? I mean, D&D has had wizards far longer than EverQuest. The reason is, the term wizard as pertains to a fantasy character with access to magical abilities is something which is well established prior to either product being developed. The term is in the common lexicon and owned by no one. Likewise, the term "Rift" as pertains to a rift between dimensions, spaces, worlds or planes has also been well established prior to either product coming out. As such (because it is not an invented word), two different, non-competing products can share the name.
You'd be hard pressed to find them, but there are actually other companies out there *gasp!* named "Starbucks". You don't see Starbucks Coffee Company suing them, and for good reason, for they themselves borrowed the name from the character in Moby Dick: Starbuck! As long as no one opens a coffee shop called "Starbucks" they're likely safe from Mr. Shultz's wrath.
In any case, if you don't believe me, prove me wrong by finding legal precedent that says otherwise and linking it here. Otherwise, your words mean nothing.
[Edited out a couple typos]
And your links are where? Based on your own logic from this statement, your words mean nothing as well. Sorry to knock you off your pedestal.
Read the game setting. Then read the book. Although slightly altered, the same base and concept applies in both. There is a case, whether people want to believe it or not.
NEWS FLASH! PAYING THE SUB IN F2P = NO DIFFERENCE THAN P2P GAMES!
Why the hell can't the whiners comprehend this?
Well, regardless of the outcome of this, Palladium has made me even more interested in picking up Telara and much less inclined to spend any more money on Palladium products (and I have a bunch of those in my collection).
"Soloists and those who prefer small groups should never have to feel like they''re the ones getting the proverbial table scraps, as it were." - Scott Hartsman, Senior Producer, Everquest II
"People love groups. Its a fallacy that people want to play solo all the time." - Scott Hartsman, Executive Producer, Rift
I've been there and see only the most superficial similarities, none of them which couldn't apply to many established fantasy/science fiction concepts. If you have special insights, how about sharing them? Frankly, I'm just not seeing it!
"Soloists and those who prefer small groups should never have to feel like they''re the ones getting the proverbial table scraps, as it were." - Scott Hartsman, Senior Producer, Everquest II
"People love groups. Its a fallacy that people want to play solo all the time." - Scott Hartsman, Executive Producer, Rift
No pedestal, here is your link:
http://cyber.law.harvard.edu/property00/domain/HasbroShort.html
The defendants registered "clue.com" and successfully defended themselves against the plaintiff, Hasbro. Palladium's case is far from a slam dunk for the same reasons.
Furthermore, it is the plaintiff, not the defendant, who must bear the burden of proof in this type of litigation. Not only that, they must show a history of aggressively defending their trademark, AND that their trademark is vital to their business, AND that the trademark infringement hurts the value of their trademark. This is why I was in a position to request evidence, rather than offer a link myself.
In fact, by waiting so long to file a claim, they have already made themselves less credible, as any respectable company monitors new trademarks, business names, et cetera for instances of their own trademark, and takes action before a formal lawsuit is necessary.
A list of more cases:
http://cyber.law.harvard.edu/property00/domain/CaseLinks.html
A little light reading:
http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm
Regards,
Sinistrad
I find that outrageous! Rift is just a normal word! How can someone own it? What will come next, copyright for "hello"?
Hello Kitty will see you in court sir! ^^
Apple Records vs Apple Computer, etc....
Apple Corps (Records) didn't "own" the word "Apple", they TRADE MARKed it. In their trade (music production/distribution/etc), they had the right to the use the word "Apple". When Apple Computer corp came around, they had problems because of the logo being similar, and the name, of course. Part of the deal worked out was that Apple Comp could use the name/logo, but had to stay out of anything to do with music. Well, guess what...
Apple Comp didn't stay out of the music business and was sued repeatedly. They "won" with iTunes (Though probably would have lost the appeal). Instead of waiting for the appeal, Apple Comp bought out Apple Corps Trademarks, and then licensed some of them back to Apple Corp heh....
Don't feel bad for Apple Corp though, they made $500 million being bought out...
Think I remember reading somewhere that blizzard TM the golden W from wow. It's not the W you usually use, but still if I remember right, they managed to TM a letter of the alphabet, so I guess the Rift people have a preety big chance of making Trion change the name.
They trademarked the very distinctive W used in the circle, et cetera. If only a few of the factors were off, say, if it were in a different font, color, and in a square, Blizzard would have no case against another MMO using "W" as a symbol for THEIR game.
Trademark isn't necessarily about the word itself, but also how it appears. Which, as I have explained exhaustively already, is a major weakness in the case of Palladium vs Trion.
Palladium Books bought the rights to the Rifts trademark and they do have a case,even if it might be a thin one. I can see why Kevin Siembieda would be upset over this. He has a very well established name in the RPG industry and a possible movie in the works. He would also like to see Rifts made as a PC game. All of his Rifts games start with ' Rifts ' in the title. I see it as too close and therefore I believe he has a case.
Haven't followed the game and thought all along that it was based off of the PnP.
As others have stated Palladium Books merely doesn't have a case. It isn't that they only have a thin case or a weak case to defend their actions against Trion Worlds, but that literally Palladium Books' lawsuit against Trion has as many holes in it as a screen door. Palladium Books are likely to come out of this on the losing side, which could destroy them and their trademark. This has already likely gone on longer than Palladium Books expected, which were likely hoping Trion would merely settle and boom instant cash, but no such luck. Trion's financial backing saw through Palladium Books lawsuit and it could end up costing Palladium Books dearly. Hope fans of the pen and paper RPG Rifts have some chance of seeing Palladium Books not get shut down by its own actions.
Considering that even one of the mega corps behind Trion could purchase Pallladium out of pocket change, thats entirely possible at this point. They have MASSIVE resources(money, legal personnel, and bought and paid for politicians) on their side. Anyone should know by now, that in a corrupt system, its more about power than who is right or wrong.
Considering that even one of the mega corps behind Trion could purchase Pallladium out of pocket change, thats entirely possible at this point. They have MASSIVE resources(money, legal personnel, and bought and paid for politicians) on their side. Anyone should know by now, that in a corrupt system, its more about power than who is right or wrong.
Unlikely scenario. It all depends on Trion's game concept. If too similar to the stuff in Palladium's books then it might be curtains for Rift.This is entirely a trademark issue, it has nothing to do with copyright. Rift: Planes of Telara is a unique -- as much as a fantasy concept thse days can be -- storyline that does not draw from Palladium's Rifts series. As such, it is not a violation of copyright.
Furthermore, trademarks usually only have meaning within the applied industry they are used in. Trademarks only transcend industries if there is sufficient evidence to show active intent of the trademark holder to expand into said industry, or if it's proven that the accused is expressly trying to profit off of the reputation of the trademark. Meaning, I could start a "Disney landscaping company" so long as I didn't allude to it having anything to do with the Disney corporation.
Saying "we'd like to in the future" does not constitute active intent to expand the trademark into the PC game and/or MMO industry.
The only thing they could argue is the "rift" versus "rifts" prefix to the name, which if anything, it frivilous anyways because there is spefific intent to avoid confusion due to the change in plural of the word rift.
So really Palladium is just taking a futile shot in the dark. I will truly be suprised if anything comes of this other than a lot of wasted time and money.