Banned names "Generic 123 456 789"


Baronesa

 

Posted

Quote:
Originally Posted by Daemodand View Post
If you have to ask, odds are you're running a real risk of being genericed. Be more creative.
Except he was creative, he found at after using the name that it was "Similar" to a name of a race in some other game, and he asked and they cleared it as ok.


Quote:
Originally Posted by Forbin_Project View Post
Then it's time for them to get off the cross, use the wood to build a bridge, and get over it.
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Posted

Quote:
Originally Posted by Blue_Centurion View Post
Okay. This is what happened.

i sent in a petition, basically the stuff I wrote above. And asked if I was okay. First response said it was kicked upstairs and I would be contacted. Next day, the response said they would have to change it because of Starcraft, and asked for 3 possibles. I thought about it all night, and came up with three alternate names, sent them in. I didn't complain or anything, just said 1st choice, 2nd choice, 3rd choice. Got a response back, on further review I am okay.
Hehe - just keep those emails handy; someone could still report the name, and another GM would make a snap "better safe than sorry" decision. Those emails may be your key to getting the name back in such an event.


"My inner mind has become a reality-cracking overgod. He torments me! Help!"

 

Posted

Quote:
Originally Posted by Wing_Leader View Post
Any company that must change its practices because of IP law or the threat of IP lawsuits is part of the crusade for rational laws in this arena whether they like it or not. It's just that backing down and, in many cases burrying one's head in the sand, is simply the "safer" fiscal policy. But that helps nobody but the huge media empires in the long run. Just saying.
Issues like this have to be thrashed out in court, which costs money. Most businesses are publicly owned and have a responsibility to the shareholders. Crusading to fix the laws is all well and good but, unless it is going to benefit that specific company, it would be financially irresponsible to do so. Just saying.


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The Mentor Project

 

Posted

Quote:
Originally Posted by St_Angelius View Post
Oooo, gratz to you, glad to hear you get to keep your name
I'd like to second this sentiment.


 

Posted

Quote:
Originally Posted by Wing_Leader View Post
Right, well, this sort of perspective is part of the reason why the current state of IP law is in such a miserable shambles. I realize that very little would be gained in the battle for reasonable IP law by NCSoft (and other companies in a similar position) sticking up for themselves, at great legal expense no doubt, but it is still disheartening nonetheless to see nobody even trying.
I don't agree. The awful and litigious nature of our current courts system is the primary reason for this state (and in a larger sense, the entire legal system).

It is in no way the responsibility of NCsoft to "police" our law system, and would in fact be financially irresponsible to do so. The responsibility lies with our legislators, the public and anyone connected in any way with the legal system.


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Posted

Quote:
Originally Posted by Ironblade View Post
Issues like this have to be thrashed out in court, which costs money. Most businesses are publicly owned and have a responsibility to the shareholders. Crusading to fix the laws is all well and good but, unless it is going to benefit that specific company, it would be financially irresponsible to do so. Just saying.
Quote:
Originally Posted by Eric Nelson View Post
I don't agree. The awful and litigious nature of our current courts system is the primary reason for this state (and in a larger sense, the entire legal system).

It is in no way the responsibility of NCsoft to "police" our law system, and would in fact be financially irresponsible to do so. The responsibility lies with our legislators, the public and anyone connected in any way with the legal system.

/This

NCSoft doesn't have unlimited funds to throw away in a court battle with the government. That money has to come from somewhere. Any guesses where that will be? From game development and employee layoffs.


 

Posted

I just received word that my character Uncle Sam was genericized. Guy I ran into in the game last night got pissed, swore he'd report me, and apparently he did.

So I get the note this morning that my character is a violation of trademark.

Problem: UNCLE SAM IS A PUBLIC DOMAIN CHARACTER. He's been around for nearly 200 years and is not owned by anyone. ANYONE.

So on what basis was I genericized, and how do I reverse it?


 

Posted

Quote:
Originally Posted by CassandraCorte View Post
I just received word that my character Uncle Sam was genericized. Guy I ran into in the game last night got pissed, swore he'd report me, and apparently he did.

So I get the note this morning that my character is a violation of trademark.

Problem: UNCLE SAM IS A PUBLIC DOMAIN CHARACTER. He's been around for nearly 200 years and is not owned by anyone. ANYONE.

So on what basis was I genericized, and how do I reverse it?
There is also a DC Comics character named Uncle Sam. That is almost certainly why you were generic'd.


 

Posted

Quote:
Originally Posted by The Grim Heaper View Post
Hehe - just keep those emails handy; someone could still report the name, and another GM would make a snap "better safe than sorry" decision. Those emails may be your key to getting the name back in such an event.
Funny that I mentioned the very same on page 1 of this thread...

Quote:
Originally Posted by Coolio View Post
To the OP, you could always ask (PM) the Community Team or (Contact) Support in advance, and say that if they are concerned would they please issue that character a free rename token.

No harm in asking and better response with your being forward rather than waiting to get pettitioned.

Avatea, Zwillinger, Etc... For the Community Team
Request a senior GM if you contact support.

Oh and if you get an it's fine confirmation, hold on to it for later reference if your character ever gets petitioned/genericed.

(Some players kept their names after a game character used the same name, players got a forced rename, but some were able to get their original name back at the discretion of the devs/support team.)
Great minds eh...


Nuff Said...
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Posted

Quote:
Originally Posted by Kierthos View Post
There is also a DC Comics character named Uncle Sam. That is almost certainly why you were generic'd.


Yeah, I'd have to say the GM was right on that call.


The only thing that was out of line would be a person telling another player they are reporting them. You don't announce that your reporting someone, you just do it and let the GM's handle it.


But go on and file an appeal Cass. You might get lucky.


 

Posted

Quote:
Originally Posted by Forbin_Project View Post


Yeah, I'd have to say the GM was right on that call.


The only thing that was out of line would be a person telling another player they are reporting them. You don't announce that your reporting someone, you just do it and let the GM's handle it.


But go on and file an appeal Cass. You might get lucky.
Yeah, your problem is, Uncle Sam as a recruiting poster is almost a century old, and his original appearance in papers is almost 200 years old. So the image and such is public domain. But, Uncle Sam as a super-hero is only a few decades old, from WW2. And trademark law is very much in force when there is the possibility of confusing the Uncle Sam in a super-hero game with one from a super-hero comic.

It is pretty much the same thing that would happen if you tried making a Thor in game, even using what is considered his regular appearance rather than Marvel's version. (Red hair and beard vs blond and clean shaven) Thor as a Norse god, no problem, Thor in a super-hero game? Not happening.

Go ahead and appeal it, but don't be surprised if you lose.


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Posted

Quote:
Originally Posted by Eric Nelson View Post
I don't agree. The awful and litigious nature of our current courts system is the primary reason for this state (and in a larger sense, the entire legal system).

It is in no way the responsibility of NCsoft to "police" our law system, and would in fact be financially irresponsible to do so. The responsibility lies with our legislators, the public and anyone connected in any way with the legal system.
The awful and litigious nature of American society is a serious problem, I do not dispute that one tiny bit. However, there's more going on here than merely one company's penchant (or ability) to bring expensive suits against another. In this particular case, we're talking about the very nature of "intellectual property", how we define it, how we value it, and to what extent we are willing to protect it (as a society). Everyone who creates or provides tools for creation is involved in this larger social project. It costs nothing to care about it, talk about it, and think about what it means to do business within the creative domain.

Your point about NCSoft taking on legislative responsibilities seems mis-targeted to me. They are in a business in which their customers are seeking to express a virtual identity through a name in a game. To the extent to which another company can restrict NCSoft's customers from doing perfectly legal things within the game they pay to play, NCSoft has a responsibility to defend against predatory legal action lacking any real merit. If NCSoft wants to sacrifice their own rights (and those of their customers) in order to save on legal fees incurred defending bogus lawsuits, then that is their choice. But that is the sort of "responsible business practice" that allows protection rackets to flourish. I don't find it particularly laudable even if it is highly "practical".


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Posted

Quote:
Originally Posted by Wing_Leader View Post
The awful and litigious nature of American society is a serious problem, I do not dispute that one tiny bit. However, there's more going on here than merely one company's penchant (or ability) to bring expensive suits against another. In this particular case, we're talking about the very nature of "intellectual property", how we define it, how we value it, and to what extent we are willing to protect it (as a society). Everyone who creates or provides tools for creation is involved in this larger social project. It costs nothing to care about it, talk about it, and think about what it means to do business within the creative domain.

Your point about NCSoft taking on legislative responsibilities seems mis-targeted to me. They are in a business in which their customers are seeking to express a virtual identity through a name in a game. To the extent to which another company can restrict NCSoft's customers from doing perfectly legal things within the game they pay to play, NCSoft has a responsibility to defend against predatory legal action lacking any real merit. If NCSoft wants to sacrifice their own rights (and those of their customers) in order to save on legal fees incurred defending bogus lawsuits, then that is their choice. But that is the sort of "responsible business practice" that allows protection rackets to flourish. I don't find it particularly laudable even if it is highly "practical".

Typical American whining. Easier to pass the buck onto someone else and complain rather than accept responsibility and take action.

Newsflash W_L. The laws you are referring to are American laws. Put into place by American legislation. NCSoft is a KOREAN company. It is not their responsibility to fight to change American laws. And I guarun-damn-tee ya that if NCSoft were stupid enough to try it you'd see a ton of negative press about how a foreign company was trying to screw over US copyright/trademark holders, which would be more financially disasterous than the occasional lawsuit.

American citizens are responsible. So if you think the laws should be changed get off YOUR butt and do something about it.


 

Posted

Quote:
Originally Posted by CassandraCorte View Post
I just received word that my character Uncle Sam was genericized. Guy I ran into in the game last night got pissed, swore he'd report me, and apparently he did.

So I get the note this morning that my character is a violation of trademark.
A quick TESS search gives 16 active trademarks. Oddly, the DC Comics character isn't among them.


 

Posted

Quote:
Originally Posted by Wing_Leader View Post
Your point about NCSoft taking on legislative responsibilities seems mis-targeted to me. They are in a business in which their customers are seeking to express a virtual identity through a name in a game. To the extent to which another company can restrict NCSoft's customers from doing perfectly legal things within the game they pay to play, NCSoft has a responsibility to defend against predatory legal action lacking any real merit. If NCSoft wants to sacrifice their own rights (and those of their customers) in order to save on legal fees incurred defending bogus lawsuits, then that is their choice. But that is the sort of "responsible business practice" that allows protection rackets to flourish. I don't find it particularly laudable even if it is highly "practical".
Well then, I'm glad you're not involved in running the company. If you were, that attitude would be grossly irresponsible.


Paragon City Search And Rescue
The Mentor Project

 

Posted

Quote:
Originally Posted by Forbin_Project View Post
Typical American whining. Easier to pass the buck onto someone else and complain rather than accept responsibility and take action.

Newsflash W_L. The laws you are referring to are American laws. Put into place by American legislation. NCSoft is a KOREAN company. It is not their responsibility to fight to change American laws. And I guarun-damn-tee ya that if NCSoft were stupid enough to try it you'd see a ton of negative press about how a foreign company was trying to screw over US copyright/trademark holders, which would be more financially disasterous than the occasional lawsuit.

American citizens are responsible. So if you think the laws should be changed get off YOUR butt and do something about it.
NCSoft may ultimately be a Korean company, but it has a sizable American prescense and does business here. It has a hood number of employees here and a sizable number of American customers. And you don't have to be foreign to be targeted by media idiots. (Some tea party floozy was saying the TP was not like Occupy Wall Street because they started and are "respectable/calm/whatnot". Says the party comparing a genocidal dictator to Obama. )

Wing_Leader - NCSoft gas taken reasonable steps to protect itself. But it doesn't "back down" it fought back quite well when marvel sued.


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Posted

There are so many derivations of the uncle sam name i would just find a clever variation andmake that part of my characters story. My 2 inf


 

Posted

Quote:
Originally Posted by Rajani Isa View Post
And you don't have to be foreign to be targeted by media idiots. (Some tea party floozy was saying the TP was not like Occupy Wall Street because they started and are "respectable/calm/whatnot". Says the party comparing a genocidal dictator to Obama. )
And this is exactly what I'm talking about. Take that type of dingbat and picture her arguing against NCSoft. Then realize that there are millions of idiots willing to believe all the garbage that spills from her mouth and blindly vote whatever way the dingbat tells them.

Then put that against the tens of millions of Americans who sit around at home and complain that something should be done, but someone else should do it for them.


 

Posted

Quote:
Originally Posted by Forbin_Project View Post
And this is exactly what I'm talking about. Take that type of dingbat and picture her arguing against NCSoft. Then realize that there are millions of idiots willing to believe all the garbage that spills from her mouth and blindly vote whatever way the dingbat tells them.

Then put that against the tens of millions of Americans who sit around at home and complain that something should be done, but someone else should do it for them.
I'm going to curse your name, because at this rate your going ył guilt me into registering to vote then I'll get hit with Jury Duty.


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Posted

Quote:
Originally Posted by Rajani Isa View Post
Wing_Leader - NCSoft gas taken reasonable steps to protect itself. But it doesn't "back down" it fought back quite well when marvel sued.
I am surprised, then, that the consequences of not backing down and fighting the Marvel/DC suit has turned out to be the present policy of "generic first and sort it out through a cumbersome petition process later", which is a guilty-before-being-proven-innocent philosophy that ought to feel alien to most people (and probably does given the surprise it engenders in the innocent who come here and plead their case in the court of public opinion).


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Posted

Quote:
Originally Posted by Wing_Leader View Post
I am surprised, then, that the consequences of not backing down and fighting the Marvel/DC suit has turned out to be the present policy of "generic first and sort it out through a cumbersome petition process later", which is a guilty-before-being-proven-innocent philosophy that ought to feel alien to most people (and probably does given the surprise it engenders in the innocent who come here and plead their case in the court of public opinion).

Oh so now you are going to pretend that you have knowledge of the procedures that NCSoft GM's go thru when they receive a petition on a possible copyright/trademark violation?

Do you work for the company and can provide incontrovertible proof that when a GM gets a petition that they don't log onto Google and type the character name in question along with the words comic or super hero and do a 10 second search to see if it's valid. Or that they don't have a database that contains a list of copyrighted super heroes/villains form the various major comic books.

Can you prove beyond the shadow of any doubt that they automatically generic every single petition without verifying any facts.


Yeah right.


 

Posted

Quote:
Originally Posted by Wing_Leader View Post
I am surprised, then, that the consequences of not backing down and fighting the Marvel/DC suit has turned out to be the present policy of "generic first and sort it out through a cumbersome petition process later", which is a guilty-before-being-proven-innocent philosophy that ought to feel alien to most people (and probably does given the surprise it engenders in the innocent who come here and plead their case in the court of public opinion).
As any copyright violations would be a civil matter, it's not a guilty/innocent thing. It's a "preponderance of evidence" thing. (Preponderance of evidence roughly equates to "is it more likely then not likely". Please note, however, that I am not a lawyer.) NCSoft would rather not have to spend copious amounts of time and money arguing civil suits because someone decided to make a "Green Lamp" character, or a "Clawed Canadian Mammal" character or whatever. You're playing on their servers, under their EULA. If someone creates a character that, inadvertently, or on purpose violates a copyright or a trademark, then NCSoft is well within the bounds to generic the character.


 

Posted

Quote:
Originally Posted by Forbin_Project View Post


Yeah, I'd have to say the GM was right on that call.

Problem being, my character did not resemble that image. It resembled this one:




And that one is public domain (the US government cannot own trademarks or copyrights, by law) and can be used by anyone, for any purpose.