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Blizzard is locked in a legal dispute with Valve over the latter's trademark request for the DOTA 2 title. The upcoming game is a spiritual successor to the popular WarCraft III mod, Defense of the Ancients. The lead designer on the project is IceFrog, a modder who worked on keeping the mod going from 2005 onward, until joining Valve's DOTA 2 team sometime before the game was announced in late 2010.
Blizzard hasn't been quiet in expressing its dissatisfaction over a competitor developing what is essentially a standalone sequel to a mod from one of its own games, but we're only now first hearing of an ongoing legal action to block Valve's trademarking of the DOTA name. NeoGAF users discovered (via Kotaku) a November filing with the US Patent and Trademark Office in which Blizzard formally opposes the Valve trademark request.
The WarCraft dev argues that because the title has "for more than seven years... been used exclusively by Blizzard and its fan community" that it has a claim to the name that Valve does not. "By virtue of that use, the DOTA mark has become firmly associated in the mind of consumers with Blizzard," the dev argues in the intro portion of the legal document. Neither company owns the trademark, but Blizzard contends that it has more of a right to the title than Valve does.
Valve's most recent public comments on the decision to go with the DOTA 2 title came from the big boss himself, Gabe Newell, in an interview with Eurogamer at Gamescom last year. ""The issue with that was, when we were talking with IceFrog originally, he wanted to build the sequel to DOTA," Newell said. "So the reason to call it Dota 2 is it actually does a pretty good job of communicating to gamers what it is the game is going to be."
Newell goes on to discuss how the use of the title would be received by the gaming community, but he stop short of commenting extensively on the possibility of a future trademark dispute. "That's really not my domain. I'm sure there will be a bunch of nattering back and forth, but I'm more concerned about the game than anything else," he said.
We've reached out to Valve for comment, and will update this post accordingly when we hear back.
Source: USPTO
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StoutYeoman
I'm not sure where the law falls on this but it doesn't look like Blizzard has ANY claim to the title. Blizzard did not create it and most certainly does not own it. Icefrog created the mod, so it's his intellectual property. If a judge rules in favor of Blizzard it sets an ugly precedent for indie game developers whereby big developers can squash them if they create something using another game as a backbone. Look, if Zynga can remake Scrabble and call it "Words with Friends" then valve should be able to make an entirely different game that is not Warcraft 3 and call it a completely different title that is not Warcraft 3.
Sindrie
@kanaro
lol THIS /\
blizzard rips off every one they can and sell it like it's there own look at warhammer 40,000 then look at starcraft.... terran marine = space marines( often called children of terra by other races in 40k and earth is called terra...) zerg = tyranid complet and utter rip off tyranids look and work exactly like zerg, protoss = eldar while they don't look like eldar there the same: a very old ancient race dying out and has the best tech and teleport in all there units....
and for anyone who says maybe warhammer 40k ripped of blizz warhammer 40k has been around sence I believe late 70's.
Khorpse
There is an argument to be made for both sides in this situation. I think this will become an important precedent for things to come. Do developers own some part of the intellectual property that the community creates from the developers' games? Interesting idea, I think this will be a quietly historic moment for gaming.
Rankshot
Valve FTW!
DaBigFatCow
I believe in the Blizzard Terms of Use anything you create like maps, mods, etc. for WarCraft III belongs to Blizzard. However, it's not like they are porting the mod and recreating the back end to make it a standalone game and it's not like Blizzard owns the DOTA name. I think that all that Blizzard owns are the DOTA maps.
So as far as the DOTA 2 name goes, Valve should win this. I really hope Valve wins this.
kanaro
wait wait wait...blizzard, the company infamous for stealing intellectual property from others, changing 1 or 2 things, then making a profit on it... is crying about valve.. a company known for actually buying or hiring people who own the intellectual property in order to create a game and make a profit...
HAHAHAHAHAHAHAHAHAHAHAHAHAHA HAHAHAHAHA *takes breath* HAHAHA!
oh wait, youre serious?
blizzard can not claim ANYTHING with DOTA. PERIOD. they did NOT help, in anyway, with the creation nor any (regardless how misplaced) popularity that DOTA generated. this is them grasping at straws trying to make themselves more money. come on people, if you seriously didnt already notice, blizzard cares about 1 thing and 1 thing alone - making as much money as possible while screwing over as many as possible in the process. why do you think they support chinese/korean gold sellers/farmers so well in their cash cow, WoW? for the cut of the profits they are given. proof? how bout the fact that, after years, they still havent done a thing to stop the plague that is gold selling/buying after all these years, yet just about EVERY other mmo (not f2p) since has managed to crack down and keep that crap virtually non existent, or at least, not doing anywhere near as well as they do in wow.
DOTA is the property of the original mod creators, not blizzard. when they stopped taking care of it, and allowed someone else to pick up that mantel, it became a full out community mod with icefrog as the head. if he wants to participate in creating a 'sequel' game to it, he has every right to do so as it has virtually become his. maybe if blizzard was not such a money hungry mongrel, they would have just hired him on to create a game for them. then again, im glad they didnt. they would have made it entirely too childish (ala halo, wow, guitar hero, cod, bw3..etc..) whereas valve will most likely make it a good game, as they have done many, many, many times already. which is what we gamers need, more good games, not more piles of crap as previously listed.
to those supporting blizzard in this, while you are entitled to your opinion, you must realize that only someone ignorant, or a child, would actually support them, right? and that they would butcher it in terns of gameplay, right?
again, this is merely them grasping at straws hoping to walk away with more money and screw over as many people as possible. i seriously hope they lose this case. DOTA is not theirs, never has been, never will be.
ps: if they are upset about dota, why dont they go after LoL?
ps2- seriously g4tv, profanity filter? its the internet, catch up!
Onikame
I have two dogs, the one doesn't care about the bone sitting in the yard until the other one picks it up, and only then does he start a fight over it. Blizz loves to use their modding community, and Valve likes to hire them...
I'm with Valve on this one, and the name should belong to the modder, When Valve saw the success of Counterstrike, they hired the small modding team that produced it, and the rest is history, Blizzard should have done the same (fair enough if the modder in this case was being difficult) But Blizz let it go until the modder came asking them for money, taking away power they could have had. I Feel Blizzards desire to put out fun and finely polished products (which they do) sometimes blinds them to that other people can also make great games.
Now that Valve giving these people a chance to reimagine their game from the ground up, that's hardly Blizz's business, It's their loss, but that's life.
Bloodthr0e says "Dota uses gameplay mechanics that were designed by Blizzard. It's wrong for Valve to try and copy Blizzard's gameplay mechanics for a game of their own."
Yes Dota is a WCIII mod, so the mechanics are the same. But Blizzard didn't invent the RTS, like all genres it evolved over time. Dota even changed the mechanics enough on its own that it's arguable to call it an RTS. Valve's Dota 2 is not based on any of Blizzards software, and that's not what the legal battles about, or else Blizzard would have a solid case.
Valve's hiring strategy has been the same since at least Counterstrike (the original Half-Life engine was based on Quake 2, and barely recognizable in the finished product) Open source engine - await successful mods, higher modders responsible.
Blizzard's seem to be more along the lines of: submit impressive resume, grueling interview process, rigid corporate structure (unconfirmed, but I know they were hiring quest writers a while back, and wanted a list of your published novels attached to your resume)
As companies they've pretty different personalities. They both make amazing games, and modders love em. I just feel Blizzard is being petty and jealous over a girl they never really loved. She was low maintenance and good looking. and I'm going to stop before this metaphor gets out of hand.
Bloodthr0e
What if Blizzard made a game called Garry's Mod 2? That would be an example of Blizzard trying to make money off of Valve. So Valve is essentially trying to make money off of Blizzard with Dota 2. Blizzard probably wouldn't care if Valve weren't trying to copy write the names of Blizzard's mods.
Bloodthr0e
Dota uses gameplay mechanics that were designed by Blizzard. It's wrong for Valve to try and copy Blizzard's gameplay mechanics for a game of their own. Why doesn't Valve make a new game of their own and I don't mean something like Portal 2 which I completed both the single and multiplayer campaigns in less than 15 hours.
JeeshusChrist
Blizzard owns Defense of the Ancients. The community made up DOTA. The mod in Warcraft III is called Defense of the Ancients so technically they do not own the rights to the trademark DOTA. So Valve has the right to trademark it.
And the whole DOTA is burned into peoples mind that it is apart of Blizzard is just stupid. Now we all know that it was a mod on Warcraft III that Blizzard had nothing to do with. And by that I mean Blizzard did not make it. And everyone who actually wants to play DOTA2 knows its by Valve and Icefrog. I mean for god sakes they had a million dollar prize pool for an international tournament.
We have more of the right to own the title is such a pathetic reason. Well looks like Valve filed before you so they get it first. I don't see a law that says if you deserve it more than you get it. Like everyone has been saying if seriously Blizzard cared about this they've had 7 years to do so and now all of a sudden someone else is now they want it. It's too late now!
On the majority of the sites I have seen its seems people are more on Valve's side than Blizzards. So I really hope Valve wins and if it comes down to people signing a petition saying we know DOTA2 is Valve's for their stupid consumer argument than I'll be there to sign that.
teac77
Blizz didn't think of the name, the community did.
bloodchild@ovi.com
sorry guys way 2 lazy to read all posts but u know blizzard is right.... now b4 all the trolls start blizzard is right to a point yes its their engine so they should have a say in what goes and stays, and we are not talking penny's here if dota goes this is a game that's made its mark, now i'm not sure of the facts but I think icefrog has under estimated dota's popularity, so yes I do believe it is his game and he should be able to take it with wherever he would like to take it.... but at the end of the day it all boils down to the $ figure, now ask yourself would you just let a piece of your company leave if you knew it would possibly, REPEAT possibly paralyze your company? no you would fight for it and that is only what they are doing
Trityler
Imagine what Bilzzard and Valve would accomplish if they decided to share and work on it together instead.
Freakcase
This WHOLE THING ultimate tracks back to one problem. Icefrog was absolutely unreasonable in his requests to Blizzard and Blizzard was absolutely short sighted to laughing off Icefrog without even talking about it.
For those who don't know what I am referring to, essentially Icefrog asked Blizzard for something like (please don't quote the exact amount) 50% of the WC3 profits from 2008 - 2010, claiming that his mod was the primary reason WC3 was played during that period. Blizzard all but laughed at him.
At the end of the day, Icefrog was far too arrogant in what he thought Blizzard should pay him and Blizzard was far to arrogant thinking they owe Icefrog absolutely nothing (save offering him a job). I'm sure both parties could have sat down and worked out an agreement that would have had Icefrog working for Blizzard with a nice sign on bonus, but neither side made the effort to talk about it and both sides ended up walking away in animosity directed at one another.
EvilProphecy
Blizzard would sue its own mother for a nickle.
mcclarnona08
In Blizzard's terms of use, anything you create belongs to Blizzard. DotA was created using Blizzard's engine. I favor Blizzard in this one.
EdwardGrave
That shows how little you know blizzard, the battle for the trademark DotA has been going on for a while, not with valve but with others trying to trademark the name. what blizzard is doing right now is just that, last time it was blizzard and valve together to prevent it because(they said) "the name belongs to the comunity not to any owner" if valve wasn't trying to pattent it i doubt blizzard would have put a claim
undeadspelldragon
The fight isn't even over the game itself, just the title. And, in my opinion, if Blizzaed really cared they should have showed interest in the sequel and IceFrog instead of acting like a child who only wants a toy when someone else picks it up.
CyberSurfer409
It would be nice if modders maintained rights to what they create, but legally that's not often the case. Most companies have written into their Mod Terms of Service/Use a condition that says anything derived off their product, remains their product. So legally any mods created belong to Blizzard/EA/Valve/etc.
Drakbak
When there's money involved, there will always be a legal battle.
Truly, I think Blizzard may have an argument, but that's for the courts to decide. I would have to think Blizzard makes a ton of money from DOTA, and it would be negligent of them to not try and protect what they view as a part of their brand.
It's similar to Bethesda vs Mojang over the "Scrolls" title. Even a remote similarity needs to be defended against in order to protect your brand. Otherwise, by not trying to defend it, you lose any rights you have (or don't have).
The purpose of the courts is to determine who has a rightful claim. It may seem like garbage to Joe Public, but that's how the business world works. Intellectual Properties are intangible, so there's no easy way to determine who owns what.
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