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43 Comments
- inactive, on 12/02/2008, -4/+68They would have been better off trademarking 'Wiimote'
- johndi, on 12/02/2008, -0/+33Here's the reason they couldn't trademark Wiimote from the article.
"If you're wondering why Nintendo doesn't trademark Wiimote, the term commonly - but unofficially - used to describe its Wii controller, that's an interesting question.
As GamePolitics reported in July, Fobis Technologies, a small Florida manufacturer which manufactures a T.V. remote control for children, has owned the trademark to Weemote since 2000. Fobis and Nintendo engaged in discussions regarding Nintendo's potential purchase of the trademark, but the console maker ultimately walked away from those discussions."
Nintnedo's response seems to be the typical big corporation response on this one. They told Fobis that they have no plans on using Wiimote as a trademark, but they applied for it as trademark in Europe. Fobis doesn't stand a chance at protecting their Weemote trademark even though they are trying to protect it. Nintendo isn't using it, but are happy to let others dilute the trademark for them. All they have to do is wait for Fobis to fold. Theoretically Nintendo shouldn't get it as a trademark either because it will have already entered the public domain as a diluted trademark. Since the courts generally favor corporations in trademark disputes I'd put money on Nintendo ending up with it. They won't have to pay out a dime or lift a finger. Trademarks are one part of the law where might still makes right.
http://www.time.com/time/business/article/0,8599,1 ... - gpw11, on 12/03/2008, -0/+17Trademarks and patents are completely different.
- sirbeta, on 12/03/2008, -0/+16If they've got such a problem with the term Remote appearing in "Wii Remote", how the hell can Microsoft have a registered trademark on "Windows"?
- Orchidomegaly, on 12/03/2008, -0/+15All good ideas have already been patented. All good domain names have already been bought. And all good ideas for tv shows have already been done by the simpsons.
- Deadpixel1221, on 12/03/2008, -1/+9People who take the time to leave a comment.
- inactive, on 12/03/2008, -1/+8You are right...companies should spend tens of millions of dollars to come up with a new innovative product inly to have a competitor buy one right away, reverse engineer it for 0.1% of the cost and enter the same market!
Let see how fast that stalls innovation in ALL aspects of life. - allocate, on 12/03/2008, -0/+6This article is about trademarks, actually, but I'll bite.
The idea behind patents is smart in theory. You show the public exactly how to produce something and they don't have to go through the whole experimentation process that you may have gone through. In trade, you get the right to control how your product is used for 20 or so years (a VERY limited amount of time compared to copyright -- thanks Disney).
The practical problem is that for some applications, providing the information to the public isn't all that useful. If the "public" could develop the invention fairly easily without going to the PTO and pulling up the patent, the public hasn't benefited much from the information given by the inventor. They're just suffering the consequences of the inventor's exclusive licensing ability. The response to that argument is that you're giving inventors incentive to invent in the first place, so even if one particular invention isn't terribly beneficial to the public domain, the next one could be very useful. You know, the sonoluminescent fusion machine that some basement inventor makes that no one could reproduce without his exact plans.
With any luck, SCOTUS has made things in the software world a little less ridiculous with the recent Bilski decision. Only time will tell on that, though. - DonJuanAussi, on 12/03/2008, -0/+5Windows is an integral part of WIMP Windows Icon Mouse Pointer. The WIMP interface users across all platforms used the term "Window" for years before Microsoft trademarked such a widely used term in computing circles.
- allocate, on 12/03/2008, -0/+4Yikes, it's late and I'm working on little sleep. By SCOTUS I mean Court of Appeals. Time for sleep.
- thanakar, on 12/03/2008, -0/+4But they'll give some tech company a patent to a gene that everyone has......... talk about a double standard.
- dynamojoe, on 12/03/2008, -0/+3"Trademarks are one part of the law where might still makes right."
Sadly, you're right. I used to work with the guy who invented the weemote and he's been vigorous about defending it. Not that he has wanted to: If you don't defend it, you pretty much lose it. His lawyers are probably making a killing.
I half expect Nintendo to invent a time machine to go back to 1987 and preemptively sue him for prior art. They should just take the high road and buy the trademark. It's not like they don't have the money or he's a trademark troll - he legitimately had it first and had a business model based on it long before the Wii was named. - lemur, on 12/03/2008, -0/+3I'm not sure why they would trademark that. Why not just trademark "Wii"? Then they can make whatever they want and call it Wii anything and have rights to it.
- armakaryk, on 12/03/2008, -0/+2Mark Twain did it.
- hiddencatch, on 12/03/2008, -1/+3Wiigle?
- dynamojoe, on 12/03/2008, -0/+2I wonder if someone could invalidate the patent based on prior art.
- Elranzer, on 12/03/2008, -1/+3They give patents to the criminal Rothschild family over stupid ***** they have no intention of using, except being patent *****.
- inactive, on 12/03/2008, -0/+2Wii have a problem.
- s3rgi0, on 12/05/2008, -0/+1Didn't know that
I guess it is up to the courts to decide at that point. Though, you always run the risk of losing the trademark if the brand becomes a widely used term, such as Xerox did and google and photoshop run the risk of doing so - s3rgi0, on 12/03/2008, -4/+5Because it has to do with usage. Microsoft Windows has a completely different purpose than a window. Whereas the Wiimote is not entirely dissimilar to a remote.
It's the same reason a company can call themselves Jaguar even though the car company is already registered. - djgump35, on 12/08/2008, -0/+1in the spirit of segue here is a window created by a wiimote.
http://digg.com/nintendo/60_inch_television_works_ ... - Grayfox777, on 12/06/2008, -0/+1Now start denying patents on human genes!
- PhantomPhoenix, on 12/04/2008, -0/+1I think you mean trademark.
And even if you mean trademark, you are an absolute fool; copyrights, patents, AND trademarks are necessary for maintaining order in the intellectual and business world. The United States and other industrialized nations would be nothing without them. - ScubaShneve, on 12/03/2008, -0/+1I do not see why Amazon should have to remove "Wiimote" from its metatags. The user is typing and the word is no longer phonetic. If you search "Weemote" on the site, you get Fobis's product. If you search "Wiimote", you get the Wii Remote. I do not see the problem. I can definitely understand why Amazon would want to be allowed to keep Wiimote. I do not know anyone who actually calls it a "Wii Remote". I think Fobis should be more worried that the Tek Pal is the first thing that comes up when you search "Weemote".
- Elranzer, on 12/03/2008, -1/+2"Useless add-on that we can use to sap our customers money and rape them in the ass for another generation"
You must be referring to the tacked-on motion controls of the SIXAXIS. - Harboggles, on 12/03/2008, -1/+2Wii wand?
- Metasquares, on 12/03/2008, -0/+1Except that it wouldn't stand up in court for precisely the reason it was just denied.
- knetworx, on 12/03/2008, -2/+2Should've just gone with Wiinis...
- erichh, on 12/03/2008, -1/+1This was a pretty obvious ploy to get control of the word 'remote'. Everyone calls the Wii remote the 'wiimote', which Nintendo could pretty easily get a trademark for (if they haven't already).
- rikuansem13, on 12/05/2008, -0/+0Man... now Microsoft will steal the term "Wii Remote". Nintendo will lose millions... this is the beginning of the end!
- inactive, on 12/03/2008, -1/+1By tacked-on you mean the patent they had for the controller back in 1999, filled in the European Patent Office?
http://v3.espacenet.com/publicationDetails/biblio? ...
Sorry, you lose - Gamer4111, on 02/11/2009, -0/+0What has the world come to, people are trying to trademark everything!
http://www.gamersdigest.net/
http://www.videogamerdaily.com/ - inactive, on 12/03/2008, -1/+0But who are YOU to decide what is "obvious" and what isn't? If a new product or invention is so obvious that the public could develop it easily without going over the patent details, then how come no one DID come up with it first?
- Asianwaste, on 12/03/2008, -3/+2Wiid?
- gcnaddict, on 12/03/2008, -7/+4Who cares?
- Gephoria, on 12/03/2008, -4/+1they spelt it wrong it's Wiimote i thought
goes to show somebody can patent a special wheel but wheel isn't used enough for some reason - inactive, on 12/03/2008, -10/+5They should have trademarked: "Useless add-on that we can use to sap our customers money and rape them in the ass for another generation"
That would have been more fitting :D
*drops flame shield* - Rememberthe0511, on 12/03/2008, -9/+3Good. I love Nintendo but Patents need to die.
- Kadover, on 12/03/2008, -7/+1Wiinis?
- PeanutCheeseBar, on 12/03/2008, -9/+2They should've trademarked "Waggle".
- aobtd, on 12/03/2008, -8/+1WENIS
- sockpuppets, on 12/03/2008, -9/+1Suck on that Kevin, you'll never get a ride in my diggmobile now!
- JT3989, on 12/03/2008, -11/+1Wiimote seems like another good choice
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