So if mojang does get sued does it mean minecraft will stop updating?
Its 20:percent lickley mojang will het sued by these people
Plus there getting free advertising
If Mojang gets sued and Putt Putt wins, it opens up a huge can of legal worms that will get your local congressman's panties in a bunch, start congressional hearings, and the law will be changed. I promise that.
No sane judge would side with Putt Putt, so there is nothing to worry about here. The only thing that is going to be a problem is that if Putt Putt decides to continue being a jerk about this, Mojang will need to have its legal counsel (and Mojang has legal counsel in spite of being a very small company) spending time and money trying to respond. The question really would then become how far will Mojang try to fight back or if they will ignore this pointless threat.
plz someone from mojang read this part and show this proof to everone because if u are reading this plz read this because do to copyright law putt putt FUN CENTER cannot sue minecraft because putt putt golf was around before that spesific fun center and in the seize and denist letter it didn't get the signature of the original putt putt creator just the president of the fun center company.
p.s. my name is pi_cat and refer to me as that
Fuzzy, I seriously don't think that Mojang's lawyers (and though Mojang is a small company, they've made cubic dollars from MC, and probably can afford better lawyers than Putt-Putt) need any advice from random people on forums. Incidentally, this is about trademarks, not copyrights, so prior use is irrelevant; the company that registered the trademark, or which has used the mark for commercial purposes if not registered, a TM instead of a (R), what's called a common law trademark) owns it. Putt- Putt does indeed own that trademark, and people are infringing on it and should stop. It's just that none of those people are in any way under the control of Mojang's, 4J, Microsoft, or (!?) Ztnga.
...is Putt-Putt even a company? Last I checked there were places all over the everywhere where you can play 'Putt Putt mini-golf'.
And then they go and tell Mojang to cease-and-desist putt putt... Woooooow.
Rollback Post to RevisionRollBack
Define Cute (choose 1): A) Creepers Aerbunnies C) Herobrine. If you chose A): You appeal to destruction and to stereotypes. If you chose B): You are a perfectly normal person, and enjoy the Aether Mod. If you chose C): Please leave the planet now before you set off a nuclear warhead--no one enjoys mass murders, however nice they might seem to you.
This is a trademark issue. Trademarks are not anything like copyrights. Copyrights are not anything like trademarks. They are two different things.
A copyright is, literally, the right to copy something. It is the ownership of the expression of an idea -- for example, the words in this post. I own the copyright to what you're reading right now. (strange, but true) As part of the minecraftforum TOS, I've licensed it to Curse. But it's still copyrighted to me, and has been from the moment I clicked "post". In the US, formerly, one had to send paperwork (and cash) to the Copyright Office in order to obtain a copyright; nowadays it's automatic, though if you want to be able to sue for triple damages, the copyright registration process is still necessary.
A trademark is something that identifies an item in trade. For example, the name "Minecraft" is a trademark owned by Mojang. Trademarks come in two basic forms, registered and common-law. A registered trademark, in the US, is registered with the Patent & Trademark Office, and gets the ® symbol. A common-law, or unregistered, trademark, is one used in trade but not actually registered (possibly because it can't meet the requirements for registration, which are next to impossible if it is, for example, a common word -- "Windows" didn't get its ® for years because of that) uses a ™ symbol instead.
Today (and again, I'm speaking of the US; it varies elsewhere) a copyright lasts for the lifetime of the creator plus 70 years. A trademark lasts as long as it remains in use or its registration is renewed (depending on which kind it is). A copyright does not have to be defended; it's there for that hundred-plus-years (the modern interpretation of "a limited time", because what was good enough for Mark Twain isn't good enough for Joe Schmoe ... or, more precisely, for the Walt Disney Company). A trademark has to be defended if a trademark is used in a generic sense without challenge, the owner can lose the trademark. That happened to Aspirin, for instance; it was originally a trademark for acetylsalicylic acid, and became genericized.
If you read the letter from Putt-Putt, they repeatedly refer to trademark infringement. Trademarks are specific to a particular industry or market segment. For example, although I have since abandoned it, I once owned a trademark for a computer product which was also a trademark used by a textile company. We were doing two different things, in two different markets, and there was absolutely no possibility that our customers would mistake one of us for the other. Therefore, we both got to use that mark. That's why you could have an Apple Records and an Apple Computer Company, and a whopping big lawsuit when Apple (the computer company) started selling music, which was moving into Apple's (the record company's) market.
Yes, the folks behind that ridiculous C&D do own a trademark on "Putt-Putt" in connection with golf. Odds are, they don't own it in connection with cars, which is why there can also be a fictional car called Putt-Putt. But they do own it for golf. The people who are using that trademarked term for their golf-related Minecraft worlds and mods are infringing on Putt-Putt Family Fun Centers' trademark. However, the important thing here (in connection with the C&D) is that Mojang is not any of those people. Notch is not any of those people. And most certainly, the (former) XBox lead at Microsoft isn't any of those people. But yes, they do own a trademark, and they have just as much right to it as Mojang has to "Minecraft". They registered it, so it's theirs. People shouldn't be infringing on it. But that's between Putt-Putt and the trademark infringers -- who are not at, associated with, or under the control of, Mojang. Or 4J. Or Microsoft.
And it's a trademark, not a copyright. It's registered with the Patent & Trademark Office, which is part of the Commerce Department, not the Copyright Office, which is part of the Library of Congress. The differences in them are enormous, especially in the context of a case like this one. They shouldn't be confused for each other.
Let's just review a few things.
#1: Putt-Putt is a trademark, not a copyright (see eloquent previous post).
#2: A trademark does not prevent you from referencing the trademark conversationally. You are not cleverly provoking anyone by just dropping it into a post and going "lol sue me", you're just showing you don't understand how intellectual property law works.
#3: A cease and desist order is not a lawsuit. It is a formal legal way of saying "Hey, knock it off."
#4: A misfired C&D like this one will not lead to a lawsuit because there is no activity on Mojang's part to persist in.
Does anyone need this simplified even further?