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ATARI is going after Wallbreaker Games?

09-27-2011, 02:53 PM
#1
Joined: Mar 2010
Posts: 547
ATARI is going after Wallbreaker Games?

I received a letter from apple right now, that ATARI has complained about our game Alien Breakout infringing their Intellectual Property.

I answered them and CCed Atari, that I am not aware of any infringement and I want an exact explanation where I infringe their trademark (they complained about trademark) and I will consider the appropriate steps.

I think I am not the only one who received such an email.
09-27-2011, 03:01 PM
#2
Joined: Mar 2011
Posts: 122
I'd say it's the name that bothers them.

09-27-2011, 03:02 PM
#3
have you never heard of Breakout??? Atari created the genre with this game http://en.wikipedia.org/wiki/Breakout_%28video_game%29
09-27-2011, 03:08 PM
#4
Joined: Mar 2010
Posts: 547
Quote:
Originally Posted by Spencer View Post
have you never heard of Breakout??? Atari created the genre with this game http://en.wikipedia.org/wiki/Breakout_%28video_game%29
I know that atari created the genre.

I know also, that "breakout" is not equal to "Alien Breakout".

I also know that game ideas can't be copyrighted

I also know that LimaSky didn't succeed by doing the same with the word "doodle"

"Breakout" is a legitime word also to be found in any dictionarry. They didn't create the word.

SO they can scratch my balls.

Last edited by Therealtrebitsch; 09-27-2011 at 03:18 PM.
09-27-2011, 04:08 PM
#5
Joined: May 2009
Location: UK
Posts: 741
You have what looks a lot like a Breakout clone with the word Breakout in the title. What the hell did you expect?

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09-27-2011, 04:24 PM
#6
Quote:
Originally Posted by GlennX View Post
You have what looks a lot like a Breakout clone with the word Breakout in the title. What the hell did you expect?
Quoted for truth. The combination of the name and the very similar gameplay (based on screenshots) likely got you that email.

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09-27-2011, 04:27 PM
#7
Joined: Mar 2010
Posts: 547
The funny thing is, they also trademarked "Super Breakout".

If they covered everything in computer games with "Breakout" why did they have to trademark "Super Breakout" as a new trademark?

If the word "Breakout" can't cover "Super Breakout", then it also can't cover "Alien Breakout"

BTW I know for sure that there is at least another guy contacted by ATARI

They renewed their trademark this year, so I think that's why they protect their trademark so desperate now.

I have no problem to rename my app, but I won't do that just because somebody says so.
09-27-2011, 04:40 PM
#8
Joined: Jun 2011
Posts: 555
You can sink time and money into an epic crusade against Atari, or just change your game's name. Considering your situation, I'd wager the optimal choice is clear.
09-27-2011, 05:01 PM
#9
Joined: Feb 2011
Location: Isle of Wight, UK
Posts: 1,509
Quote:
Originally Posted by Ghouls'R'us View Post
You can sink time and money into an epic crusade against Atari, or just change your game's name. Considering your situation, I'd wager the optimal choice is clear.
QFT

And some filler text because QFT isn't long enough, despite being common netiquette!
09-27-2011, 07:03 PM
#10
Just did a quick search at uspto.gov for the "breakout" trademark. Atari has had a live trademark for that exact term since at least 2002 for computer games. They also have live trademark registrations for "super breakout". These facts alone should tell you that you are infringing. If I were you, I'd change the name pronto and pray that they don't go after your earnings which they have the right to. I'm not a lawyer, so you should verify all this with a real attorney.

By the way, this is not similar to the "scrolls" trademark issue between Bethesda and Mojang. Here, Atari does have an exclusive right to the term "breakout" for use with computer games since at least 2002.

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