King goes after 'deceptively similar' Banner Saga with trademark claim

King goes after 'deceptively similar' Banner Saga with trademark claim
Craig Chapple

By Craig Chapple

January 22nd 2014 at 10:46AM

Tactical RPG could confuse consumers and damage business, claims Candy Crush firm

King has made a trademark claim against Stoic's game The Banner Saga, accusing the PC Tactical RPG of being "deceptively similar" to its own titles.

The Candy Crush firm has found itself at the centre of controversy in recent days after it emerged it had applied to trademark the word 'candy' in regards to its use in games.

According to a legal document, the company has now also made a claim against PC title The Banner Saga, which took to Kickstarter for funding in March 2012, believing it will be damaged by the registration of the game's title, noting it's own history of Saga titles for which it is famous for.

"Applicant's (Stoic) The Banner Saga mark is confusingly and deceptively similar to Opposer's (King) previously used Saga marks," read the document.

It added: "Due to the similarity between applicant's claimed mark, The Banner Saga, and Opposer's (King) Saga Marks, the closely related nature of the goods and services of the respective parties, customers and potential customers are likely to believe that applicant's (Stoic) goods originate from Opposer (King), resulting in a likelihood of confusion in the marketplace, and damage to Opposer (King)."

It should be noted that Stoic still has the right to oppose the claim, and could likely be able to continue using its name if King cannot successfully argue the game's similarities to its own IP, and that it caused consumer confusion through its name.

A previous example of a trademark legal case includes Bethesda's dispute with Minecraft developer Mojang over the use of the word Scrolls in its new game.

Seven months after a receiving a cease and desist order from Bethesda, which claimed the title infringed on the Elder Scrolls trademark, the studio was able to reach a settlement with the publisher and keep the Scrolls title.