EVO 2013: Who's banned for a week next?

**6souls** · 2012-12-03 21:14

On the 17th of September, Microsoft announced via their PlayXBLA hub that they for Killer Instinct "either renewed or refiled a trademark application in various jurisdictions."

New data as of the 29th of November shows that this application has been refused by the The United States Patent and Trademark Office (USPTO) because of likelihood of confusion:

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3370331. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.

Trademark 3370331 is a simple word mark "KILLER INSTINCT", and it's owned by Fox Television Studios, Inc.:

Applicant’s mark is KILLER INSTINCT for “video game software” and “entertainment services, namely, providing online video games.” Registrant’s mark is KILLER INSTINCT for “entertainment services in the nature of a television series featuring drama.”

The most apparent use of the mark by Fox is that of the Killer Instinct crime drama television series aired in 2005, which is also what is directly referenced. There may be other uses of the mark in Fox's shows.

In this case, the following factors are the most relevant: similarity of the marks, similarity and nature of the goods and/or services, and similarity of the trade channels of the goods and/or services.

In a likelihood of confusion determination, the marks in their entireties are compared for similarities in appearance, sound, connotation, and commercial impression. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b)-(b)(v).

In the present case, applicant’s mark is KILLER INSTINCT and registrant’s mark is KILLER INSTINCT. Thus, the marks are identical in terms of appearance and sound. In addition, the connotation and commercial impression of the marks do not differ when considered in connection with applicant’s and registrant’s respective goods and services.

Therefore, the marks are confusingly similar.

A few examples of tv series that have been turned into video games are given, with Lost being a prime example. Upon these examples, this is stated:

Thus, upon encountering KILLER INSTINCT for “video game software” and “entertainment services, namely, providing online video games” and KILLER INSTINCT for “entertainment services in the nature of a television series featuring drama, “consumers are likely to be confused and mistakenly believe that the respective goods and services emanate from a common source.

http://www.neogaf.com/forum/showpost...48&postcount=1
http://tsdr.uspto.gov/documentviewer...20121129134915

tl:dr Fox cockblocks Microsoft from using the title Killer Instinct because they have a TV show with the same name.

**shidobu** · 2012-12-03 23:00

Wow... way to cock block fox

**warc** · 2012-12-03 23:08

@welt

only took me 8 matches and a character I never use to beat you. haha. ggs.

**Weltall** · 2012-12-03 23:43

I don't use Sagat either, and its too hard to do his combos in red bar ;/ ggs!

**Deathbringer** · 2012-12-04 10:18

All of my Undying rage Fox.... ALL OF MY UNDYING RAGE!!

**Callisto** · 2012-12-04 11:14

Originally Posted by Weltall

I don't use Sagat either, and its too hard to do his combos in red bar ;/ ggs!

did you get that button swapped out yet? also let's play tonight, that one single match we got in the other night was a nailbiter lol

**Weltall** · 2012-12-04 11:25

Yeah, I took apart my PS3 stick, which I didn't want to do =.=

**Callisto** · 2012-12-04 11:32

buying myself those silent stick/buttons for xmas :D

**Weltall** · 2012-12-04 11:39

I rely on hearing the buttons click when plinking a lot of combos, so those would not be good for me lol.

**Callisto** · 2012-12-04 11:48

I'm finally getting to where my hands plink consistently on pure memory, though for whatever reason I get the hp plink very consistently on tatsu loops but not after FADC.

**Vandole** · 2012-12-04 12:38

Originally Posted by Callisto

buying myself those silent stick/buttons for xmas :D

those silent buttons are so silly. they just made a foam insert for the buttons.

**octopus** · 2012-12-04 12:40

Originally Posted by Callisto

buying myself those silent stick/buttons for xmas :D

I didn't know these are already available! I need these so my wife won't complain about me playing fighting games downstairs lol...

**Callisto** · 2012-12-04 12:53

Originally Posted by octopus

I didn't know these are already available! I need these so my wife won't complain about me playing fighting games downstairs lol...

Focus Attack has them, stick is kind of expensive($75~) but buttons are reasonable.

Originally Posted by Vandole

those silent buttons are so silly. they just made a foam insert for the buttons.

Yeah, I was talking with Phreakazoid last week, the buttons are cheap enough to not bother with doing it yourself, but the sticks are just JLFs with Omron switches...Omron's corporate office is like five minutes from my apartment, could probably just talk to a sales rep and get a deal on a bulk of switches, it's like a ten minute solder job tops to swap them out, it might be profitable to just convert people's JLFs for them.

**The Blackrose** · 2012-12-04 14:33

Assuming nothing majorly fucks up between now and July, I have FR16, UFGT and EVO off. I've already booked my room and flight for Final Round.

**Weltall** · 2012-12-04 14:36

You scrubs better not spend your time off and $ on majors and then not attend EVO like last year....

There is nothing even close to EVO. Be there.

**Don Katsu** · 2012-12-04 14:44

Originally Posted by Weltall

You scrubs better not spend your time off and $ on majors and then not attend EVO like last year....

There is nothing even close to EVO. Be there.

This... also I have a working stick now!

**Callisto** · 2012-12-04 14:48

sweet, I'll be on tonight

**The Blackrose** · 2012-12-04 14:58

EVO and UFGT $$$ is already squared away. I'll be making EVO arrangements when I hear the group rate for the Paris.

And damn it, you know I had to deal with an SAP conversion last year.

**Weltall** · 2012-12-04 15:09

I really won't know if I am attending EVO until after April. There is no telling how much I might spend in Tokyo haha. I will be playing AE against Daigo/Kazu/etc though, which is going to be insane. I have already arranged plans with old EVO champ BAS, and he is taking us out to drink, eat, and attend his Tuesday session which Tokido/RF/Mago/etc all attend. Going to film as much of it as I can.

**Vandole** · 2012-12-04 15:54

http://t.co/oMEu1EvY

Welllllllllllllllp looks like jwong is NOT winning this. Beat mago? Now play daigo. Beat daigo? Now time to beat Gamerbee. Oh, you won? Fuudo time, motherfucker.

Post your fantasy bracket, bitches!

Spoiler: show

Jakob better beat daigo.

note: i cant decide on ricky vs jwong so i just answered rufus.

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