Nintendo Warns MMO Company Over Trademark Issues

Gamasutra.com (news now registration free) has word that MMOG developer Webzen has received a friendly letter from Nintendo discussing the similarities screenshots of their upcoming game have with The Legend of Zelda: Wind Waker. The developer states that this is a coincidence resulting from the cell shades style of their game, and the particular hair and clothes show in published media. From the article: "a spokesperson from developer Webzen claims that the hero of the game does not have any fixed image, and is created by the player to be their avatar in the game world." Heads up courtesy your friendly neighborhood simoniker.

Re:I hope this gets stamped out

[SetupWeasel]

If you read the fucking article, you would see that the game will be undergoing closed testing in December. The product was just announced.

This is not the case of a character that some random user created that happens to look like Link. This is the developer making promotional material to hype its game that is 10 months from beta testing that happens to look just like Link.

Higher Res Screen Shots

[mowph]

When I originally saw those shots last week, it occurred to me that the design looked vaguely familiar. I didn't initially even connect it to Zelda, but taking another look, I think there could be serious trouble, especially if this one design is to be used as a "spokescharacter" for the game. Check out the direct comparison [dreamwiz.com]. (In Korean.) Looks like the offending shots were right out of the press release. Here's another article [gamemeca.com] (in Korean) with side-by-side comparisons of the images... including the little puff of wind in the title.

And, if you'd like to take a look at some of the other upcoming releases promoted during Webzen 's Feb. 15 conference, all of which seem to be MMORPGs of different themes, look at this Japanese article [4gamer.net]. (Writer Kim Dong Wook regularly covers new games from Korea.)

Customer Confusion

[Anonymous Coward]

Don't forget, one of the main reasons that companies want to protect their copyrights and trademarks (aside from cash cash cash of course) is that they don't want their customers to think they worked on a product if they didn't. Branding and recognizability, ESPECIALLY for a franchise-driven giant like Nintendo, is extremely important; probably the most important thing in their long view. If somebody puts out a game that looks exactly (and this game, at least in that screenshot, does look EXACTLY like WW) like a Nintendo game, but is not up to their standards, then it is bad for their reputation and brand name.

Say you are Nintendo. You spend years developing a fairly controversial new art style for your most popular franchise. It sells extremely well and garners critical acclaim. Some company across the street copies everything about that art style down to the finest details, puts their name on it, and then starts selling it. Do you just sit there and let them prosper on your hard work and ingenuity?

I know that Nintendo has a history of being overly defensive about their brands and branding, and a less than perfect past in regards to suing the crap out of people for things they didn't necessarily deserve. But in this case they are clearly in the right. And as their market presence dwindles in America and Europe, I certainly don't blame them for making sure that what little territory they have isn't stolen out from under them!

Re:Wow!

[SetupWeasel]

Have you ever seen Link in anything but green?

In the Wind Waker, link is in a light blue outfit without a hat the entire game when you play it a second time on hard mode.

so... Yes

Re:Friendly Copyright Infringement

[ivan256]

Trademark!

Trademark! Trademark! Trademark!

If people didn't talk in generics like "IP" all the time, maybe people would figure out the difference.

It's not the same thing as copyright, and the law *requires* that Nintendo do stuff like this to keep their trademark. Trademark law can include things like trade dress, which is what protects things like the shape of a Coke bottle, or the exterior look of McDonald's resturants.

Re:Wow!

[zonker]

you looked at screenshots from both games, but have you actually played windwaker? there are so many visual similarities aside from the character (who is very very similar to link) that i can see exactly why they'd get pissed. everything from the little swoosh on the right of 'wiki' to the subtle facial detailing to the general colors of each scene.

here's another screenshot: http://games.tom.com/images/2005/wlgame/0218/002/0 10.jpg [tom.com] and here's a good compare image for those who've not played the game: http://www.gameking.com.cn/gk/news/05/2/17/1432184 487_1.jpg [gameking.com.cn]

Re:Conflicting points of view?

[Impotent_Emperor]

To be fair to the lawyers, trademarks must be defended. If someone doesn't defend their trademark, they risk losing it.