Two years ago, the three of us at Stoic set out to make an epic viking game: The Banner Saga. We did, and people loved it, so we’re making another one. We won’t make a viking saga without the word Saga, and we don’t appreciate anyone telling us we can’t. King.com claims they’re not attempting to prevent us from using The Banner Saga, and yet their legal opposition to our trademark filing remains. We’re humbled by the outpouring of support and honored to have others stand with us for the right to their own Saga. We just want to make great games.
The above statement was issued today by Stoic to Kotaku.com. As stated, The Banner Saga (released 14 January 2014 for PC and Mac) is being targeted by King, creator of Candy Crush Saga, the wildly successful mobile ‘freemium’ puzzle game.
Earlier this week news spread throughout the internet about King’s endeavor to protect its intellectual property by trademarking the word ‘Candy’. This action has far-reaching implications, beyond mobile games, and has caused all kinds of knee-jerk reactions from many different camps. The PR department has been scrambling ever since to mop up the slippery slop that has uncontrollably squirted out of the behinds of, ultimately, the company’s legal advisers. Just because you can do something doesn’t necessarily mean you should. Even so, recognizing the fallout of such foolish decision making, you’d think the decision-makers at King would tread forward but lightly so. As of yesterday, this doesn’t appear to be the case because, in a boneheaded move, now they are pushing to claim the term ‘saga’, and, in the end, are filing against Stoic’s The Banner Saga, which could force the independent developer to change the current (and any future) game’s name.
It is a common and thorny situation in gaming. Part of what makes it so interesting is that the gaming industry is charging forward with such fervor that the laws simply can’t keep up. So we have this perpetual gray area, this wild wild west of intellectual property where companies like King are seeking to stake a claim on whatever they can – Especially now in the months preceding toppling off the treacherous summit of mobile gaming. YEEEEHAWWwww!!!! Did you hear that? It’s a death rattle.
But, again, just because you can doesn’t necessarily mean that you should. Sure, King can throw the book, but what’s going to bite them in the butt is this PR mess. Earlier this week I paid little mind to those who may be affected by the ‘candy’ situation. But now the saga advances forward to PC gaming, and this hits a little closer to home. Not that I’m taking this knuckleheaded move personally, but I do believe that heavy-handed money grubbing actions like such coming from a 15-minute spectacle like King can slow the ebb and flow of innovation. Even King’s released ‘justifications’ for its actions against The Banner Saga, posted and critiqued with vehemence on so many gaming websites, are only hurting the company’s ability to not only rebound from this mess but to gain any traction for anything they do in the future, which, isn’t it funny, is exactly what they’re aiming to protect with these trademarks.
So listen here, King. And listen good:
Walk away, Son. Walk away. Even by so much as meddling with The Banner Saga you are provoking forces you will not be able to control nor recover from, no matter how many loose-bowel lawyers you’ve got standing downwind. Frankly, you were fine pursuing other glitzy mobile games but now you are poking the bear. Go out now with some semblance of dignity or your precious trademarks will be smeared with your own guts and flotsam. Don’t mess with the PC gaming community – especially the indie titles. They are the gems of what it right and true about gaming. They are the future and they will be defended with utmost voracity. You have chosen to flaunt and misuse a confusing branch of intellectual property law, one that has a proclivity to trigger adverse emotional responses. Even if the implications of your legal endeavors are not fully understood you are antagonizing an enemy whose abundance of modes and avenues will be used to swarm and pummel you from every direction, the book be damned.