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