Candy Crush Saga News: Developer Files Complaint Against The Banner Saga Over Use of Trademarked Word 'Saga'

By Frank Lucci| Jan 23, 2014

When it was reported that King, the developer behind Candy Crush Saga, had trademarked the word "Candy" and started sending notices to other developers about their use of word, many people were shocked. Now, it has been revealed that King has also trademarked the word "Saga" as well, and is fighting a popular indie game over the use of the word in their title.

The Banner Saga is a turn-based strategy game on the PC that follows a group of Vikings. The game has been praised for the artwork found within the game, and besides having Saga in the title has nothing to do with Candy Crush Saga. This has not stopped King from filing a Notice of Opposition with the US Patent and Trademark Office against The Banner Saga (and others) over the use of their trademarked word. The Notice of Opposition had this specifically to say about The Banner Saga:

"The Banner Saga mark is confusingly and deceptively similar to Opposer's previously used Saga Marks...The use and registration by Applicant of the mark The Banner Saga for Applicant's goods is likely to cause confusion or to cause mistake or deception in the trade, and among purchasers and potential purchasers, with Opposer's Saga Marks, again resulting in damage to Opposer."

King sent a statement to IGN explaining that they do not oppose The Banner Saga from using that name, but need to take steps against the game to protect their brand from more serious copycats in the future:

"King has not and is not trying to stop Banner Saga from using its name. We do not have any concerns that Banner Saga is trying build on our brand or our content. However, like any prudent company, we need to take all appropriate steps to protect our IP, both now and in the future. In this case, that means preserving our ability to enforce our rights in cases where other developers may try to use the Saga mark in a way which infringes our IP rights and causes player confusion. If we had not opposed Banner Saga's trade mark application, it would be much easier for real copy cats to argue that their use of 'Saga' was legitimate."

Stoic Studios, the makers of The Banner Saga, responded back that this legal action could prevent a sequel from being made.

"We won't make a Viking saga without the word 'saga,' and we don't appreciate anyone telling us we can't,"  the company claimed. "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."

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