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Trademark owners should diligently protect their trademarks from infringement and other misuse (e.g., blurring, tarnishment, unfair competition, passing off, false advertising and cybersquatting) that may harm the owner’s goodwill and business reputation. Take it away, Forbes lawyer dude who makes much more money lawyerin’ than I do! They can get genericized, which is what happened to Xerox - a once proud trademarked thing that now just serves as a synonym for “copy.” That’s not a danger here, since “candy” is already a real word, but there are still ways your own failure to enforce can result in your loss of trademark. That is not a super fun thing for game developers to try to figure out! Nor is it a good promotion of commerce generally if you’ve now terrorized everyone into not making candy-themed or candy-named games because you’re going to be capricious about what you enforce.Īlso, too, there’s this funny little thing about trademarks: if you don’t enforce them, they can go away. Next, you let us know that you don’t enforce against all uses of “candy” because some are legitimate, which would make sense if any game developer could possibly ever guess ahead of time what you might feel is infringing on any given day. So we’re kinda not sure what that has to do with anything, but thanks for playing. Hmmmmm…let’s break this down law-stylee, shall we?įirst, it’s lovely, dear Candy Crush people, that you trademarked “Candy” in the EU, but the story currently rocketing around the internet is that you trademarked it here in the good old US of A. We believe this App name was a calculated attempt to use other companies’ IP to enhance its own games, through means such as search rankings. As well as infringing our and other developer’s IP, use of keywords like this as an App name is also a clear breach of Apple’s terms of use. The particular App in this instance was called ‘Candy Casino Slots – Jewels Craze Connect: Big Blast Mania Land’, but its icon in the App store just says ‘Candy Slots’, focusing heavily on our trademark. We don’t enforce against all uses of CANDY – some are legitimate and of course, we would not ask App developers who use the term legitimately to stop doing so. We have trademarked the word ‘CANDY’ in the EU, as our IP is constantly being infringed and we have to enforce our rights and to protect our players from confusion. Seems like Candy Crush thought it was unfair that we noted that they had trademarked all possible items of clothing (and eyeglasses! do not forget eyeglasses!) and a pile of videogame-related things here in the good old USA, so they sent us this very official statement: