Zenimax files trademark for "Dragonborn"

Griego · May 21, 2012

This is a message board post by Griego promoted to a news article.

Zenimax, publishers of the Elder Scrolls games, has filed a trademark application for Dragonborn, "an individual who has been born with the blood and soul of a Dragon, but the body of a mortal."

The application covers “Computer game software for use with computers and video game consoles; downloadable computer game software offered via the internet and wireless devices”. (Emphasis mine.)

Um, wonder if these guys checked for prior art? This should be interesting, especially since the bolded part above could possibly apply to DDI. From a lawyer's point of view, not from any common-sense point of view, that is.

Thoughts? I'm stocking up on popcorn.

Dannyalcatraz · May 21, 2012

If Hasbro has any good lawyers, this won't end well for Zenimax.

Derfmancher · May 21, 2012

I wonder if they even realize that claiming that trademark will cause that much issue. This is something I will definitely keep an eye on.

Greatwyrm · May 21, 2012

It looks like WotC first used them in 2006, by that name at least. When did they first appear in the Elder Scrolls games (I've played none of them)?

Dannyalcatraz · May 21, 2012

I've not played them either, but a quick search suggests since about 2002.

Since wotC has been using it, though, they will probably have some difficulty winning. It's not impossible, though: the McDonalds we all know has lost 2 cases regarding that name- one in South Africa, one in Illinois.

RangerWickett · May 21, 2012

Wait, in Skyrim, can you play a dragonborn female who has boobs? How dare they!

Griego · May 21, 2012

Wow, I guess I should have paid more attention when playing the Elder Scrolls series. lol. Never knew (or forgot) about dragonborn appearing in Morrowind and Oblivion (although you can hardly blame me for sleep-walking through the latter). If this comes to a head then WotC's lawyers may have their work cut out for them.

Loonook · May 21, 2012

Dannyalcatraz said:
I've not played them either, but a quick search suggests since about 2002.

Since wotC has been using it, though, they will probably have some difficulty winning. It's not impossible, though: the McDonalds we all know has lost 2 cases regarding that name- one in South Africa, one in Illinois.

Both of those cases were due to extraneous factors (SA because of a trademark system glitch, the Illinois case was mostly over the fact that the owner's actual name was Ronald McDonald)... Though I am guessing there are plenty of cases in the record to make this case intriguing. Wizards is pretty well known for its vicious defense of its material... I really find it strange that they didn't trademark the name along with Illithid, Beholder, etc.

Slainte,

-Loonook.

jedavis · May 21, 2012

Dannyalcatraz said:
I've not played them either, but a quick search suggests since about 2002.

Since wotC has been using it, though, they will probably have some difficulty winning. It's not impossible, though: the McDonalds we all know has lost 2 cases regarding that name- one in South Africa, one in Illinois.

Huh... I don't remember seeing any mention of them in Morrowind. Perhaps it was buried in one of the drier parts of the lore.

Aha, further digging shows it to have appeared in Varieties of Faith describing Tiber Septim. Curious indeed.

Dannyalcatraz · May 21, 2012

Loonook said:
Both of those cases were due to extraneous factors (SA because of a trademark system glitch, the Illinois case was mostly over the fact that the owner's actual name was Ronald McDonald)... Though I am guessing there are plenty of cases in the record to make this case intriguing. Wizards is pretty well known for its vicious defense of its material... I really find it strange that they didn't trademark the name along with Illithid, Beholder, etc.

Slainte,

-Loonook.

In law, there are no extraneous factors deciding cases.

The point is, all cases are fact dependent, and a seeming slam-dunk can turn on the tiniest details.