Quantcast
Destructoid Japanator Tomopop Flixist
Dtoid Forums now support TapATalk and ForumRunner on your iOS/Android devices. Whoot.


Blizzard is suing Valve over DOTA trademark photo

MMO leader Blizzard has filed against Valve in an attempt to stop it trademarking DOTA, claiming the name has been used in exclusive association with the Warcraft series for more than seven years. It was filed late last year but just recently came to light. 

DOTA -- Defense of the Ancients -- started life as a mod of Warcraft III. The mod's creator, going by the name of Icefrog, was picked up by Valve to create a full-fledged sequel, and Blizzard isn't too happy about it.

"Valve seeks to appropriate the more than seven years of goodwill that Blizzard has developed in the mark DOTA and in its Warcraft III computer game," claims the suit, "and take for itself a name that has come to signify the product of years of time and energy expended by Blizzard and by fans of Warcraft III.

"Valve has no right to the registration it seeks. If such registration is issued, it not only will damage Blizzard, but also the legions of Blizzard fans that have worked for years with Blizzard and its products, including by causing consumers to falsely believe that Valve's products are affiliated, sponsored or endorsed by Blizzard and are related or connected to Warcraft III."

This isn't the first time DOTA has been seen in a courtroom. Last year, Riot Games' Steve Mescon tried to counter-file the Defense of the Ancients name in order to "protect the work that dozens of authors have done to create the game."

It is quite the knotty situation. On the one hand, Blizzard has played no active role in the success of DOTA, outside of incidentally providing someone with the tools. On the other, DOTA has been intrinsically linked to Warcraft for a long time and Valve's move to swipe the mod away for its own publishing purposes was audacious at the very least. 

Whoever's in the right, it's a shame to see them fighting. Give it another few years, and there won't be one game company that's not sued another one. 

[Via @DevinConnors]








More gaming stories around the web. Got news? Submit yours to tips@destructoid.com

Jim Sterling serves as reviews editor for Destructoid.com, head of the Podtoid podcast, and produces a number of news stories, original features, one-of-a-kind videos. With his passionate argumentative style, controversial opinions, harsh delivery, and dedication to brutal honesty Sterling is a name that you can't help but recognize. Likes PS2, iPod Touch, Silent Hill 2, Metal Gear Solid, Dynasty Warriors 3 Meet the rest of the team



Post a comment! You can also post a photo below:

Comment with Facebook





Click connect and comment instantly!

Comment with Dtoid





New? SIGN UP - it takes 5 seconds

178 comments | showing # 1 to 50
prev
next 50 comments

TheRemedy's Avatar - Comment posted on 02/10/2012 09:22
TheRemedy
Go Team Valve!
rengeki's Avatar - Comment posted on 02/10/2012 09:26
rengeki
Well, this should be interesting.
-Ghost-'s Avatar - Comment posted on 02/10/2012 09:28
-Ghost-
Somehow I don't think they're fighting for modders' rights.
Zantetsuken's Avatar - Comment posted on 02/10/2012 09:28
Zantetsuken
I'm going to go with the unpopular opinion and say that Blizzard are totally in the right with this. DOTA is intrinsically tied to a Blizzard property so Valve snatching up the developer and calling the game DOTA 2 is a little sketchy.
Drakengard's Avatar - Comment posted on 02/10/2012 09:28
Drakengard
Blizzard just need to shut up. I don't really see how they have a leg to stand on in regards to this. Valve has funded a full game and hired the guy who made the mod.

This would be like Bethesda getting angry that the team that did Nehrim decided to make a retail version sequel with EA or Activision or something.

If they aren't reusing assets or, more importantly, code from the mod and the Warcraft engine, Blizzard just needs to deal with it and realize that the next time there's a valuable mod with a dedicated developer that they should try to hire them.
SephirothX's Avatar - Comment posted on 02/10/2012 09:28
SephirothX
Blizzard is basically just pissy that Valve beat them to the punch.
tuoman's Avatar - Comment posted on 02/10/2012 09:29
tuoman
Your honor, they can't use the name because it belongs to ICEFROG.
Epic-Kx's Avatar - Comment posted on 02/10/2012 09:29
Epic-Kx
Blizzard VS Valve: Cross Generation of Heroes
Chris Carter's Avatar - Comment posted on 02/10/2012 09:31
Chris Carter
"We own all your creations and IP on Bnet".

That's the Activision in Blizzard talking. Legally, we'll see who is right. Whether or not the courts will support the Bnet EULA based on the time of Warcraft III is yet to be seen.
Arttemis's Avatar - Comment posted on 02/10/2012 09:31
Arttemis
I made a desk using the tools and hardware I bought from Lowes; does that mean they own the rights to it?

I see restaurant owners buy their ingredients from Sam's; does that mean the profits should be split and Sam's deserves credit?

A man bought a game with mod tools and designed a hit; Blizzard-Activision thinks his idea is theirs?
SebasGR's Avatar - Comment posted on 02/10/2012 09:36
SebasGR
Just adding my two cents: Icefrog is not DotA´s creator
The Silent Protagonist's Avatar - Comment posted on 02/10/2012 09:37
The Silent Protagonist
Blizzard doesn't really embrace the mod community so much as they just tolerate it and pretend they're part of it when something good happens.

ActiBlizzion had more than enough time to make this an official thing, properly trademark it and they didn't make a move toward it. Valve just did want Valve always does - look for talent in the mod community and recruit the best and brightest to make games for them, which created a key player in the creation of DOTA, as I understand it.

It might be a little shady on Valve's part to the people who had a hand on DOTA's evolution - but those people aren't part of Blizzard and they're not suing, just grudging at this point.

Blizzard has no case, they failed to make it official and have no right to act like they ever tried now.
Mlstrum's Avatar - Comment posted on 02/10/2012 09:37
Mlstrum
I guess the friendly way to go for Valve is to simply change the name since it's only the Name that Blizzard is after.

Blizzard and Valve are two community oriented companies. I'm sure those communities will take care of clarifying the whole thing to the confused ones afterwards.

I thought it a bit weird when I heard that it was Valve and not Blizzard that took DOTA under its wing. Changing the name would only allow some closure.
arkiel's Avatar - Comment posted on 02/10/2012 09:37
arkiel
They didn't make DOTA. They can have whatever they want in the EULA. Doesn't matter. They didn't put in the work, so there definitely should be no remedy against them in common law :/
dtomek's Avatar - Comment posted on 02/10/2012 09:38
dtomek
Blizzard is a little late to the game on this. I could see them having a case if they had anything beyond a passive involvement in Dota. I mean, are painting supply manufacturers trying to claim ownership of art created using their tools? Just because I use craftsman tools in the construction of my garage does not give sears a claim that they fostered the development of my garage. Blizzard, you provided the tools. You had years to take an active role in DotA but you chose not to. This is simply your loss at this point. Perhaps you could have used a pittance of your WoW money to do what valve has done, but blizzard is never expedient with anything.
Sir Tobbii's Avatar - Comment posted on 02/10/2012 09:38
Sir Tobbii
So I guess Id Software should sue for Team Fortress 2 then, it began as a mod for QuakeWorld after all.
UltorOscariot's Avatar - Comment posted on 02/10/2012 09:39
UltorOscariot
7 years of goodwill for something they themselves did not literally create? Good luck proving monetary damages.
Havoc Fang's Avatar - Comment posted on 02/10/2012 09:39
Havoc Fang
DOTA is intrinsically a mod for Warcraft, and still is/will be. IceFrog was the last guy keeping it going, and Valve hired him to make 2. The original-original makers went on to make LoL and assorted other MOBA games.

The history is confusing, complex and fucked up, but the only real certainty is that Dota is a mod which wasn't going anywhere, then Valve made a sequel. I'm pro-Valve overall, but I'm not shocked that Blizzard wants to get involved.
Face's Avatar - Comment posted on 02/10/2012 09:39
Face
I wish Blizzard would stop fronting as if they are doing this for the fans.
DeliMant0NY's Avatar - Comment posted on 02/10/2012 09:40
DeliMant0NY
Blizzard has no legal right to DOTA2 whatsoever. Mods are created by players, not the original game makers, and players made the DOTA mod in the first place. Just because a mod is "tied" to a game doesn't legally make it theirs. The only reason why Blizzard is suing is because of all the dosh they would be missing and they want a proverbial piece of the pie.
RaptorShadow's Avatar - Comment posted on 02/10/2012 09:42
RaptorShadow
Two things:

1) The 'we own everything you make with the editor' clause has existed as far back as Starcraft.

1) Icefrog is NOT the creator of DoTA, not even close. He is/was the team leader on the latest branch bearing the DOTA name. Though I have the impression that he has gone to some lengths to imply that he created it.
Ardent Snow's Avatar - Comment posted on 02/10/2012 09:43
Ardent Snow
It seems to me that they are just trying to stop the term from being trademarked. Not trying to say they are infringing on it. IMO Blizzard isnt trying to trademark it, just wanting to keep it from being trademark by Valve. Which is understandable.
Evergreen's Avatar - Comment posted on 02/10/2012 09:44
Evergreen
I think I remember Gabe saying something about how the game is not titled "Defense of the Ancients 2." It's title is "DOTA2," which is how they got around the copyright thing.
Chris Carter's Avatar - Comment posted on 02/10/2012 09:44
Chris Carter
@SebasGR
Yea. The idea started with Eul, became "DotA" with Guinsoo, then Icefrog helped develop it into the DotA we know today.
Simeon Ivanov's Avatar - Comment posted on 02/10/2012 09:45
Simeon Ivanov
Well ... Blizzard sucks now ...
Hystzen's Avatar - Comment posted on 02/10/2012 09:48
Hystzen
Blizzard why do this now should you know like done it soon as valve started making the game
hermes's Avatar - Comment posted on 02/10/2012 09:48
hermes
I tend to side with Valve, since I consider lawsuits of this nature to be executive meddling of the worst kind, on things that could be easily solved with a coffee in a restaurant between Newell and Morhaime.

However, this whole DOTA thing has been shady as shit. Imagine what would happened if Blizzard had hired Minh Le and Jess Cliffe and asked them to make a game called Counter Strike 2, which should be fair, since CS is nothing more than a mod of Half-Life. I doubt Valve would have taken it lightly...
Telephis's Avatar - Comment posted on 02/10/2012 09:48
Telephis
Both sides have interesting points. DOTA really is linked with Warcraft and therefore Blizzard in a lot of minds, even if it's only from the A in it referring to the Ancients unit...but Valve has hired the mod creator which gives them huge rights to the name.
IMO Valve should have named the game something better, anyways.
church's Avatar - Comment posted on 02/10/2012 09:48
church
If they were arguing that many of the heroes that appear in Dota 2 share a likeness to characters in the warcraft universe, I could maybe buy that. When I saw how similar characters such as the Drow Ranger, Morphling, and Riki looked to certain warcraft designs, I was a little dissapointed that Valve didn't put their own spin on the game.
But I don't really believe this whole modders rights angle that Blizzard took. Weren't they developing their own Dota sequel recently?
caraleo's Avatar - Comment posted on 02/10/2012 09:49
caraleo
it seems like blizzard wants credit for something they didn't create, so fuck them, let the court decide
stevesan's Avatar - Comment posted on 02/10/2012 09:50
stevesan
And League of Legends is all "AHAHAAHHA money money money"
Telephis's Avatar - Comment posted on 02/10/2012 09:52
Telephis
Oh, my bad, I guess IceFrog isn't the original creator. Plus getting around it by saying its DOTA2 not Defense of the Ancients 2?
Highly uncharacteristic of Valve...weird. Still going to play it all the time though.
Rianq's Avatar - Comment posted on 02/10/2012 09:52
Rianq
It's not their trademark. If they were so keen on making more money, they should've approached the developers.
Stardog's Avatar - Comment posted on 02/10/2012 09:53
Stardog
Are you all retarded? A trademark is for a name, not for a game idea.

Blizzard are not claiming the game/idea.

They're saying the name DOTA isn't Valve's to trademark, and they're correct. All Valve have to do is rename it.
ComplainerTheThird's Avatar - Comment posted on 02/10/2012 09:55
ComplainerTheThird
@Arttemis
First of all the dispute is about the DOTA trademark not the ownership of the mod itself. So your analogies are invalid. A better analogy would be if someone tried to sell their creations using a brand name.

Second, Blizzard is not claiming (as far as I can tell) that the DOTA trademark belongs to them, but rather that Valve has no right to it. And I agree. The DOTA name should belong to no one and everyone. Valve appropriating the name for themselves was a dick move.
tuoman's Avatar - Comment posted on 02/10/2012 09:55
tuoman
Stardog, you're no Icefrog. Firelog.
Ardent Snow's Avatar - Comment posted on 02/10/2012 09:55
Ardent Snow
@Stardog exactly the point i was trying to make lol.
Timtoid's Avatar - Comment posted on 02/10/2012 09:56
Timtoid
I always thought it was odd that they were able to use the title DOTA 2, I guess this was inevitable. Go Valve!

Maybe Valve's Lawyers could fight Blizzard's Lawyers in a DOTA round robin for the name, a la Mojang-Zenimax.
CrazyCowboyDon's Avatar - Comment posted on 02/10/2012 09:57
CrazyCowboyDon
Chris Carter nailed it with: "That's the Activision in Blizzard talking."

People like to placate themselves with the notion that Activision and Blizzard are two wholly separate entities but there was a tectonic shift in approach when that merger happened and it shows itself in every little bit of price structuring which has happened since.
Liam Fisher's Avatar - Comment posted on 02/10/2012 09:58
Liam Fisher
I'm kind of surprised this didn't happen sooner.
ComplainerTheThird's Avatar - Comment posted on 02/10/2012 09:59
ComplainerTheThird
@Stardog
My thoughts exactly.
Rammstein's Avatar - Comment posted on 02/10/2012 10:00
Rammstein



I'm guessing this is more of an Activision thing than Blizzard. Blizzard didn't care enough to support the mod(I feel stupid using that word, since it's more of a custom map type than a full "MOD") so it's not really a big loss for them other than the unofficial name because let's face it, the "genre" is a niche within a niche, at best.

VALVe did the same thing with Team Fortress, Counter-Strike, Portal, they buy up developers and make their mods into official releases. That said, they aren't at fault here, they are simply being good ol' Red-blooded American Capitalists. Activision is just sore it got beaten to the punch.

#TeamVALVe
Timtoid's Avatar - Comment posted on 02/10/2012 10:00
Timtoid
Also, this brings up the idea of who owns really the property. Just speculation, but if Icefrog is associated with the creation of DOTA, and Icefrog now works for Valve, shouldn't he be allowed to bring his work with him?
Sweebish's Avatar - Comment posted on 02/10/2012 10:01
Sweebish
From what i can see of the article, Blizzard isn't trying to claim a Copyright to DOTA, Just that Valve is trying to copyright a term associated with Blizzard for the past 7 years. Be honest when you hear "DOTA" Do you think of a Valve game, or a Blizzard game? The grounds of the filing are valid. "Priority and likelihood of confusion." Meaning most people who hear "DOTA" Think of Blizzard and Warcraft 3.

Blizzard isn't trying to lay claim to it, they are objecting to Valve laying claim to a name associated with Blizzard for years.
ComplainerTheThird's Avatar - Comment posted on 02/10/2012 10:01
ComplainerTheThird
BTW, everyone bring popcorn.
NickCull's Avatar - Comment posted on 02/10/2012 10:04
NickCull
Valve, rename it and let the babies have their bottle. Name it... "Blizzard-Should-Have-Just-Hired-That-Guy-And-Not-Dick-Around." Doesn't roll off the tongue but I think it'll catch on.
Foggle's Avatar - Comment posted on 02/10/2012 10:04
Foggle
Valve Defense Force reporting in. Blizzard is totally in the right here, honestly. Valve should just change the name, then it'll all be good, right?
SirPrizes's Avatar - Comment posted on 02/10/2012 10:04
SirPrizes
The guy who originally made DOTA is working for Valve, and DOTA was never sold for money or created by Blizzard itself. How is this even a case?
Gorescream's Avatar - Comment posted on 02/10/2012 10:05
Gorescream
and thus the 2 titans duke it out
Marc Allen's Avatar - Comment posted on 02/10/2012 10:06
Marc Allen
Totally surprised were just hearing about this lol. I was waiting for this since Dota 2 was announced. Either way i dont care, dont really enjoy them type of games, but i'll wish Valve all the luck in the world. Blizzard as far as im concerned can suck a dick. They dont support mods anyway, so why the hell do they care?
prev next 50 comments

Comment with Facebook





Click connect and comment instantly!

Comment with Dtoid





New? SIGN UP - it takes 5 seconds

Comments policy

Destructoid is an open discussion community. You don't need to "audition" to post a comment - just speak your mind. We respect differing opinions on the site, so have at it. Be smart, funny, insightful, clueless, or cute -- but back it up with substance. Keep your cool, keep it fun. We only ask that you act respectfully and above all: don't be a troll and ruin it for everyone else. Don't bring down gamers or we'll, you know, gently shoot you in the face and stuff you into a flaming mailbox. Each comment is your opportuntity to make this community awesomer. Is that even a word?

Avoiding the banhammer only requires common sense: spamming, trolling, racism, NSFW stuff, and other forms of sucking will not be tolerated. If anyone is griefing please report abuse. Be good. Don't suck!