Rumor: Project Cafe's name is "Nintendo"....(universe implodes on itself)

#21asher1611Posted 6/5/2011 9:30:31 PM
Nintendo cannot call their console nintendo without putting their tradename at risk. Their trademark on Nintendo could become generic for the same reason Xerox wants you to refer to their products as "Xerox Copiers" and Starbucks wants you to refer to their product as "Starbucks Coffee." Allowing the name by itself allows the brand to get intermingled with the product. Long legal-ese story short, Nintedo would lose the brand name Nintendo by doing this.

Don't believe me? Once upon a time Bayer once had a market on the product called Aspirin -- and it was theirs and they were the only one who was allowed to call it that. So what did they do? They marketed it as Aspirin...the name standing by itself with no indication that it came from Bayer. The result? The United States Supreme Court declared that Bayer's trademark on the word "Aspirin" had become generic, and that anyone was now free to use the word for their product. This is still the law in America today.

If Nintendo did that, then I would love for Sony to release their next console as the Sony Nintendo Playstation just because they could.
#22Sirian_HawkPosted 6/5/2011 10:25:11 PM
I am going to play a game starring Mario Mario on my Nintendo Nintendo. What's wrong with that?
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#23nonexistingheroPosted 6/6/2011 1:18:24 AM
There's a difference here, Asher. Nintendo is calling their own product after themselves. Bayer did not call Aspirin Bayer. Bayer called Aspirin... Aspirin.
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#24goiterboy07Posted 6/6/2011 1:26:25 AM
I called my 64 the nintendo, i wouldn't say "i got x game for nintendo", I would say "I got x game for the/my nintendo".

I wouldn't mind that name.
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#25martyoytramPosted 6/6/2011 2:08:42 AM
Izick_the_Spy posted...
I'm sorry if this is off topic guys, but I just saw this:

http://www.youtube.com/watch?v=EuchHcnzHq4&feature=player_embedded

I literally said "this isn't real" to myself about a dozen times throughout this video....

...Kudo made Fight Night 3....wow, how the mighty have fallen.....

....this is just....so terrible. God awful. How can they put this out? How can they show this with positive enthusiasm what so ever? This is the bottom level of poop. This is scraping right through the wooden bottom of the barrel to the rotten dirt beneath it.

This video was so foul....it has disgusted me on the level of a gamer, a Star Wars fan, and a human being. This is trash. I was hoping Kinect started to sell software, but I can't wait to see the doom this throws on motion control gaming.

Nintendo knew, people. They knew it was time to get the **** out of motion control gaming, or at least as a main focus. They knew.

This.....this just makes me so sad....MS' presser tomorrow is going to be.....ugh.....goodbye sweet Xbox, we hardly knew thee!

Please....Nintendo....you are my only hope.


Désolé, je ne parles pas le francais...
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#26knightimexPosted 6/6/2011 4:55:09 AM
Mascara_Snake posted...
knightimex posted...
Epic Nintendo Entertainment System.

E-SNES

Where'd ya get that first S from, sonny?


*Beavis voice*

ohhhhhhhhhhhhhhh yea heh heh heh, um sorry bout that uh yea heh heheh
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#27asher1611Posted 6/6/2011 6:20:24 AM
nonexistinghero posted...
There's a difference here, Asher. Nintendo is calling their own product after themselves. Bayer did not call Aspirin Bayer. Bayer called Aspirin... Aspirin.

You've got it wrong, but I might not have explained it well. Let me break it down a little bit.

Nintendo's trade name, Nintendo, is used in the market place as a brand people use to identify the source of the company. The Nintendo brand points to a certain level of quality, or a certain line of products and services. However, trademark protection of a trade name is not absolute. If a word or brand name enters the market place and is used by the general public too much the mark holder can lose the trademark. This is called making the mark "generic." If the trademark or trade name that once identified the source of the name is no longer source identifying because people commonly use it to identify a product or service, the company loses trademark protection.

Two more modern but not necessarily recent examples are controversies where Kleenex and Apple faced the danger of having their trade names made generic. So many people call facial tissues "Kleenex." In fact, people were calling Kleenex tissues Kleenex. If Kleenex allowed this to continue, pretty soon they would lose their very valuable brand name because their name would be generic. Kleenex would no longer be source identifying in the market place -- it would be referring to tissues, not a product manufacturer

Apple had a similar problem in the late 80s and early 90s where people were calling their computers "Apples" instead of an "Apple Computer." The public's use in the marketplace could have been enough to turn their trade name generic, but they went into the marketplace and essentially had an advertising campaign that said, "Call our product Apple Computers." Failing to make some kind of public assertion of their mark would allow their trade name to lapse.

If Nintendo were to call their next console Nintendo, they would essentially be inviting people to refer to their product by their trade name. This is the #1 way to turn a trademark into a generic unenforceable mark. Nintendo would be opening this door on their own, and essentially throwing their brand name away.

I don't know what Japanese trademark law is, but this would be an idiotic move to make in America.
#28Future Space CowboyPosted 6/6/2011 6:51:02 AM
where would they go from there with their next console?

Super Nintendos.
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#29PiemagicmanPosted 6/6/2011 7:21:02 AM

From: GTRagnarok | #052
Perfect Nintendo Entertainment System.

;)


I see what you did!!! And i like it! They should definitely go with this.
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#30TerotrousPosted 6/6/2011 8:07:00 AM
I can't believe people still think that joke is funny. It's like, a decade old at least.
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