LGJ: The 'Kinect' story, a case study in international trademark trickery
Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:
I want to let everyone in on a little secret: Joystiq knew the name of the Kinect five days before it was announced to the public. For a variety of reasons, the story was never published, not the least of which was the possibility that "Kinect" was related to the ill-fated Kin rather than being the name for Natal. In any case, that is ancient history at this point. But where did this information come from? And more importantly, why is this relevant to the law at all? Well, it's a trademark issue, and one that's likely to be more and more prevalent going forward.
Everyone remembers countless times where trademark filings led to blog posts which outed new product names well in advance of their announcement. This is because trademark filings can be based on the "intent to use" a product name, rather than actually having the product available in the marketplace. "Intent to use" filings are a critical part of the modern product cycle, which requires a long term plan. It prevents someone else from showing up in stores the day before your product launches with a similar or identical name. But since filings at the Patent and Trademark Office are public record, it also lets everyone know what you're planning.
I want to let everyone in on a little secret: Joystiq knew the name of the Kinect five days before it was announced to the public. For a variety of reasons, the story was never published, not the least of which was the possibility that "Kinect" was related to the ill-fated Kin rather than being the name for Natal. In any case, that is ancient history at this point. But where did this information come from? And more importantly, why is this relevant to the law at all? Well, it's a trademark issue, and one that's likely to be more and more prevalent going forward.
Everyone remembers countless times where trademark filings led to blog posts which outed new product names well in advance of their announcement. This is because trademark filings can be based on the "intent to use" a product name, rather than actually having the product available in the marketplace. "Intent to use" filings are a critical part of the modern product cycle, which requires a long term plan. It prevents someone else from showing up in stores the day before your product launches with a similar or identical name. But since filings at the Patent and Trademark Office are public record, it also lets everyone know what you're planning.
