“Upon encountering KILLER INSTINCT for ‘video game software’ and ‘entertainment services, namely, providing online video games’ and KILLER INSTINCT for ‘entertainment services in the nature of a television series featuring drama,’ consumers are likely to be confused and mistakenly believe that the respective goods and services emanate from a common source,” the patent office concludes.įor now, it’s unclear how this will affect Microsoft’s plans for Killer Instinct, or even what those plans were to begin with. Therefore, the marks are confusingly similar.” In addition, the connotation and commercial impression of the marks do not differ when considered in connection with applicant’s and registrant’s respective goods and services. Thus, the marks are identical in terms of appearance and sound. “In the present case, applicant’s mark is KILLER INSTINCT and registrant’s mark is KILLER INSTINCT. “In a likelihood of confusion determination, the marks in their entireties are compared for similarities in appearance, sound, connotation, and commercial impression,” the patent office notes. The trademark in question is held by Fox Television Studios, using the phrase “Killer Instinct” in reference to “entertainment services in the nature of a television series featuring drama.” While it isn’t explicitly referenced, the Fox trademark is almost certainly for the short-lived Killer Instinct television series that aired on Fox in 2005. According to a listing on the United States Patent and Trademark Office last updated on November 29th, the renewal has been refused due to “likelihood of confusion” with another trademark. Microsoft’s application to renew the Killer Instinct trademark has been refused. Or, if you want to be pedantic about, took place in a fictional world that originated from a series of books.Īlso, I Have No Mouth and I Must Scream was based on the story I Have No Mouth and I Must Scream. That it itself got a novelisation later on is neat, but doesn't disprove the point that it was based on a book. Maybe so, but Betrayal at Krondor was based on a series of novels that were already out at the time. The Betrayal at Krondor book ( Krondor: The Betrayal) was a novelization of the game. As are the Romance of the Three Kingdoms games. And maybe American McGee's Alice games.Ĭomedy option: Dynasty Warriors is clearly based on Romance of the Three Kingdoms. You would think books would be one of the prime inspirations for video games. To keep this on track somewhat, how many games in ze old days or even lately have been based off books, I'm not talking about all the big hits or the well known stuff but even that which some might never have known of.
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