Xbox 360 ban in Germany overturned, Killer Instinct IP denied renewal

December 5, 2012

Xbox 360 ban in Germany overturned, Killer Instinct IP denied renewal The legal strife between Microsoft and Motorola is coming close to an end after a previous court ruling banning the Xbox 360 in Germany and the US was overturned. Earlier this year Microsoft appealed to a six member commission after the court ruling to reverse the outcome.

The legal battle started when Microsoft started strong arming manufacturers such as HTC and Samsung into paying royalties for using Google’s Android platform over Windows 7, citing patent violation. Those that agreed to also use Windows 7 was spared from Microsoft’s royalty fee the company was imposing on Android users.

Microsoft decided to take on Motorola Mobility, attempting to force the company to also pay royalties as well. Motorola in turn fired back with its own legal patent suit targeting the Xbox 360 which actually resulted in a tentative ban of the game console in Germany and the US. With Microsoft’s appeal, the final verdict would be left to a commission.

Microsoft’s main gripe with the suit was that Motorola was asking royalties that would add up to around $4 billion. The latest ruling has the judge recognizing that Motorola is rightfully the inventor of the patent technology, but is asking the company to revise its royalty rates to be fair and reasonable.

In other news, US Trademark and Patent Office recently denied Microsoft’s renewal request for the Killer Instinct name. Apparently USPTO cited the “likelihood of confusion” between the game and the TV show dating back to 2005 as the reason.

Full statement from USPTO:

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3370331.

Applicant’s mark is KILLER INSTINCT for "video game software" and "entertainment services, namely, providing online video games." Registrant’s mark is KILLER INSTINCT for "entertainment services in the nature of a television series featuring drama.

Thus, 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.

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

Its odd that there is any sort of dispute around the trademark considering that the Killer Instinct games predate the Fox produced TV show. That is unless the trademark lapsed during the transition period when Microsoft bought out Rare in 2002.

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23 Responses to “Xbox 360 ban in Germany overturned, Killer Instinct IP denied renewal”

  1. phranctoast:

    I never heard of a Fox produced show called Killer Instinct.

  2. Roca.:

    “Killer Instinct is an American crime drama television series filmed in Vancouver that originally aired on the Fox Network. The pilot episode aired on September 23, 2005, and the final episode aired on December 2, 2005″

    http://en.wikipedia.org/wiki/Killer_Instinct_(TV_series)

  3. phranctoast:

    Still drawing a blank. lol.

    The good news out there for Killer Instinct fans, is that MS looks to be trying to bring it back.

  4. MAK:

    I’m with phranc on this one. I never knew that show existed, I’ve only played the game when I was a kid.
    I think it’s stupid to confuse the tv show with the game when the game had the name first, and for several years.

  5. gunstar:

    gotta grease a few hands now, eh M$

    ” Those that agreed to also use Windows 7 was spared from Microsoft’s royalty fee the company was imposing on Android users.”

    and nothing happened for Windows Phone 7 & 8, M$ XD
    see ya in 2016

  6. gunstar:

    good luck with your little too late “Droid Rage” campaign attempts, M$ore Lo$ers XD

    the only horror stories there are is you M$uck

    i hope those M$GMO mosquitoes bite you in the arse!

  7. phranctoast:

    It’s nice to see a company fight back and win when MS tries to bully them.

  8. gunstar:

    “Do you have an Android malware horror story? Reply with #DroidRage with your best/worst story and we may have a get-well present for you.”

    poor M’Softie try harder…

  9. gunstar:

    stupid Microdicks trying to bully Moto whose dad is now the King of Smart Phones….

    ha ha ha M$ is W Bush stupid

  10. gunstar:

    Steve Baldmer:

    “I don’t really understand their strategy. Maybe somebody else does. If I went to my shareholder meeting, my analyst meeting, and said: ‘Hey, we’ve just launched a new product that has no revenue model!’… I’m not sure that my investors would take that very well. But that’s kind of what Google’s telling their investors about Android,”

    Google:

    “As the internet grows, so does Google benefit from potential growth,” he continued. “I think our business model has proven that it works well so far.”

    Ballmer: Why didn’t I think of that?

    WBush dumb Baldmer XD

  11. gunstar:

    hey Mike why no dedicated Android tabs here on Tech Blorge and only Apple, Mac & Windows?

    Something going on?

    You guys have been missing out on bazillions of hits Engadget & GSMArena is hogging all to themselves.

  12. dans:

    ^The majority of that may as well be labelled as spam too.

  13. phranctoast:

    My brain hurts.

  14. ncaissie:

    So no mention that Mass effect is now on PSN?

  15. ncaissie:

    I’m disappointed with PSN+ email today.
    I hope it was a preview. All it had was BS2 free and ME for $14.99

  16. phranctoast:

    I’m sure we’ll get some surprises in store for us this month.

  17. dans:

    The UK store has a 12 days of Christmas thing going on. Every few days a new surprise is being unveiled. Could be interesting…

  18. phranctoast:

    Yeah. Jealous of you UK guys

  19. CaptBirdman:

    Ultra…ultra…ultra…

    So Mike, you gonna report on Mass Effect 1 being kinda bad on PS3?

    Probably not.

  20. phranctoast:

    CaptBirdman: doesn’t deem sales news worthy to talk about as that is just flaimbait but wants Mike to post differences of a 5 year old game. ;)

  21. CarlB:

    cap… shh… don’t you know you’re not allowed to say stuff like that around here? ;)

  22. dans:

    Not even remotely on topic, but this FINALLY got me in the mood for Christmas. Not even sure why. It’s so tragic but brilliant at the same time!

    http://vimeo.com/54526179

  23. dans:

    The VGA’s (no spoilers)

    http://i.imgur.com/E0YGW.jpg

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