Basic rule-of-thumb here - Incidence of frequency in common vernacular = the harder it is to trademark a name. As frequency goes down, the easier it is to trademark the name in addition to the character itself.
Commonly used words/names (Thor and Zeus, for example, are used with great frequency in a broad array of texts and fields; Nova is an astronomical term and used HEAVILY in the field; Etcetra) are harder to trademark the words themselves, and have a harder time proving that any one particular incident is related to that specific trademark.
Uncommonly used ones are a bit easier to trademark, and thus easier to defend in court (as it doesn't show up near often enough, and thus the chance that it's referring to some other thing is significantly lessened - or that's the case that can be made).
Rarely used ones are, likewise, even easier then that to trademark, and usually won't make it to a court in the first place.
We can continue to argue semantics about it, but that's the gist.
I don't think the name filter really has anything to do with frequency of word usage.
Sure, people say "nova" a lot, but I hear the word "tomorrow" a lot more.
I didn't say it was - I'm talking about ease of trademarking.
It's easier to trademark and enforce trademark on, say, Hyperion in a superhero-context due to general lack of use of the name itself compared to, say, Thor. Etcetra.
The filter itself is generally set up as a preventative measure to keep Cryptic from having to deal with this in general - thus, it uses blanket bans on things Cryptic likely doesn't feel too confident about being able to block enforcement on from the get-go.
EDIT: All theory on my part, mind. I could just be crazy.
I'm also just speaking out of assumption, but I think Cryptic were just given a list of words to add to the banned word list. I don't think it has anything to do with ease of trademarking.
I doubt there was much thought put into the entire process.
I'm also just speaking out of assumption, but I think Cryptic were just given a list of words to add to the banned word list. I don't think it has anything to do with ease of trademarking.
I doubt there was much thought put into the entire process.
Replying in general seems a bit borked (trying to quote one of your previous replies instead quoted a handful of things I QR'd to - wat.). :U I'll be so glad when they get all the quirks ironed out (provided they do).
Anyway, they likely got a list of what they felt were names/terms the companies most likely to sue them used that they felt the least confident about being able to defend... which was likely generated off a list of things various Legal departments had sent them in the first place.
So, likely not a lot of thought, but a lot of compiling it all into one big thing. There's a sort of logic to it, but it's Legalese logic (which can often come across as Insane Troll Logic).
However, knowing why something is likely to be blocked can help coping with the fact that there's not a fat lot you can do about it. Lodging a complaint is only likely to result in a form-letter in the general shape of a very wordy 'No.', after all.
I didn't say it was - I'm talking about ease of trademarking.
It's easier to trademark and enforce trademark on, say, Hyperion in a superhero-context due to general lack of use of the name itself compared to, say, Thor. Etcetra.
The filter itself is generally set up as a preventative measure to keep Cryptic from having to deal with this in general - thus, it uses blanket bans on things Cryptic likely doesn't feel too confident about being able to block enforcement on from the get-go.
EDIT: All theory on my part, mind. I could just be crazy.
Well I now know why Hyperion is blocked from player use. GM Nerift told me that I can't use the name because it's the name of an in-game NPC. Which is interesting, since they is no in-game NPC currently with that name. So it looks like Britain's most prominent hero may very well be making an appearance soon.
Comments
I don't think the name filter really has anything to do with frequency of word usage.
Sure, people say "nova" a lot, but I hear the word "tomorrow" a lot more.
It's easier to trademark and enforce trademark on, say, Hyperion in a superhero-context due to general lack of use of the name itself compared to, say, Thor. Etcetra.
The filter itself is generally set up as a preventative measure to keep Cryptic from having to deal with this in general - thus, it uses blanket bans on things Cryptic likely doesn't feel too confident about being able to block enforcement on from the get-go.
EDIT: All theory on my part, mind. I could just be crazy.
[SIGPIC]Also, this poster rambles.[/SIGPIC]
I'm also just speaking out of assumption, but I think Cryptic were just given a list of words to add to the banned word list. I don't think it has anything to do with ease of trademarking.
I doubt there was much thought put into the entire process.
Replying in general seems a bit borked (trying to quote one of your previous replies instead quoted a handful of things I QR'd to - wat.). :U I'll be so glad when they get all the quirks ironed out (provided they do).
Anyway, they likely got a list of what they felt were names/terms the companies most likely to sue them used that they felt the least confident about being able to defend... which was likely generated off a list of things various Legal departments had sent them in the first place.
So, likely not a lot of thought, but a lot of compiling it all into one big thing. There's a sort of logic to it, but it's Legalese logic (which can often come across as Insane Troll Logic).
However, knowing why something is likely to be blocked can help coping with the fact that there's not a fat lot you can do about it. Lodging a complaint is only likely to result in a form-letter in the general shape of a very wordy 'No.', after all.
[SIGPIC]Also, this poster rambles.[/SIGPIC]
Well I now know why Hyperion is blocked from player use. GM Nerift told me that I can't use the name because it's the name of an in-game NPC. Which is interesting, since they is no in-game NPC currently with that name. So it looks like Britain's most prominent hero may very well be making an appearance soon.
When i made my Inferno, i did want to make a DC character "Supernova", but i end up naming it "MrSuperNova".
"You can't read my mind, because i can't spell it."
[SIGPIC][/SIGPIC]
@ZetBuster