RE: Aleron Kong is trying to trademark the term LitRPG

#2
I think this needs to be challenged. The genre predates Kong's works by several years, and he didn't originate the term either. Saying he needs to 'patent' the term pre-emptively seems to me as either manipulative or woefully misinformed, and since he has representation for the filing I have to assume it's manipulative. Trademarks produce exclusivity, and this wasn't filed under some non-profit or industry group, but for Kong himself.

RE: Aleron Kong is trying to trademark the term LitRPG

#3
For want I have read about it, he is going to trademark before someone else does it because he wants the term to be free.
I found a reddit where he wrote about it and this is an extract from that:
"Like many of you, I love LitRPG. I mean I LOVE it. It changed my life. That is why I filed a patent. I have NO intention of infringing on, limiting, or pushing on anyone else. I filed the patent for EXACTLY that reason. I don't want that done to me."

You could try send him a message on his official Facebook page and ask him about the matter.

In the case he is actually doing it for profit they just need to move the RRL servers out of the US.

Probably he won't be given the tradmark and that will stop everyone from thrademarking it.

RE: Aleron Kong is trying to trademark the term LitRPG

#4
@Oinos

It is the same thing as the FineBros scandal on youtube who trademarked React videos in order to 'help grow the community'. They weren't helping to grow the community, they got greedy and wanted to get a slice of a bigger pie.

Trademarks that hold a general idea or commonly used word can't be enacted as far as I know, but the FineBros got away with it because the law system around Trademarks was rather outdated. It didn't understand that what they were trademarking fell under a general idea, or was commonly used (since the popularity of reaction videos originated around the internet/youtube).

So yes, technically speaking Aleron could be sincerely trying to help by trademarking LitRPG in order to keep it free. But the problem is that it doesn't matter who has it trademarked, the trademark itself becomes a detriment. If it gets approved, Aleron now has a big stick saying 'I can do whatever I want to you if you write in the LitRPG genre'. Who wants to write in the LitRPG genre knowing that, at any time, their work can be taken down for no other reason then 'just because'. What if someone else gets bigger then him? Or a new author starts to rise up? You think he wouldn't try and protect the territory he's already dug out.

Moving the RRL servers outside of the US would also be expensive, far more expensive then the website can afford. And even if they do, it doesn't guarantee that Aleron won't aim for an international trademark registration (though I doubt he'd get it).

It's the same thing as countries building nuclear weapons in order to 'protect' their citizens. A weapon is a weapon no matter who wields it.

Edit: Just to clarify, I'm not directing all of this at you. I'm just talking about it.

RE: Aleron Kong is trying to trademark the term LitRPG

#6
I don't think it matter whether Kong intend to make money or not. The thing is the trademark should not be given as this is a genre and you can't and shouldn't be able to trademark a genre. If this is given, then shouldn't the Tolkien estate be able to trademark everything under "Fantasy"? That's just stupid right? Of course since the United States Patent and Trademark Office actually allowed the trademark of yoga...

RE: Aleron Kong is trying to trademark the term LitRPG

#8
1/11/2017 1:55:05 PMHushed Wrote: [ -> ]since he has representation for the filing I have to assume it's manipulative.  Trademarks produce exclusivity, and this wasn't filed under some non-profit or industry group, but for Kong himself.


That's what worries me. I took a look at his application and apparently, he's trying to also register a web site offering publishing services. What might happen, provided his application is approved, is that his publishing house will have the exclusive rights to publish anything marketed as LitRPG. Which automatically forces every LitRPG author currently self-publishing on Amazon into his publishing house's fetters. Money for nothing, chicks for free :)

RE: Aleron Kong is trying to trademark the term LitRPG

#10
2/24/2017 8:38:05 PMkanadaj Wrote: [ -> ]No need to fret, said application has been refused on 5 or 6 different points:
http://tsdr.uspto.gov/documentviewer?caseId=sn87193675&docId=OOA20170112124254#docIndex=1&page=1

In short, you cannot trademark a genre, subgenre or a word that's used to describe the feature of something (even if the genre is not commonly accepted).


The document seems pretty definitive, but he has several months to prepare a rebuttal so it's good to keep tabs on this.

RE: Aleron Kong is trying to trademark the term LitRPG

#13
He can call himself whatever he wants, though he actually calls himself the father of American LitRPG. His problem starts and ends with his greed. I mean, he was trying to trademark LitRPG clothing? How vague is that? There was no way he was going to get that accepted. He should've taken a note from FineBrothers and gone for something that is both specific and vague. Or better yet, realise there are smarter ways to make money then making enemies of your entire fanbase.