Stonehearth or Hearthstone. Trademark infringement?

So I was browsing google for whatever reason and came along a game in beta done by blizzard called Hearthstone.

Now considering that Bethesda targeted Mojang’s Scrolls for Trademark Infringement just for one word and that’s just one example of this kind of thing, don’t you think there is a more valid reason here considering how similar the games names sound…

I mean if someone was to promote “Warcraft of World” as his game, blizzard would probably sue his pants off.

Just a thought.

For me they do not sound that similar. However, based on what could Blizzard force Radiant to change the name? From what I see… Hearthstone was announced in March 2013, while the domain Stonehearth.net was established end of 2012 already. Not knowing the American law in detail, but this sounds like Radiant might be in the pole position here, no?

According to [urlhttp://www.mmo-champion.com/threads/1319693-Blizzard-files-new-trademark-for-Hearthstone?p=21735317#post21735317] this [/url] the US Hearthstone trademark was filed 7/713 - although a bit more digging on google shows they apparently trademarked it in [urlhttp://www.hearthpwn.com/news/62-hearthstone-trademark-san-diego-comic-con-reminder]Swaziland in February this year[/url] …

I don’t exactly have knowledge on the US legal system, but a quick google can throw up some extremely basic understandings … it would probably a lot of hassle for Blizzard to pursue something like this, when it would be rather hard to get the two games confused … one is a trading card game the other a city management game … I mean, is someone likely to be confused between the two beyond the name?

Also I’m not sure if Radiant have trademarked Stonehearth … I’m also not sure if you having a working title of it still holds the same weight …

I’m pretty sure this same thing arose on their old forums, in fact I think they were worried about this exact same thing and [urlhttps://twitter.com/radentupdates/statuses/315173787698098176]were looking to change from Stonehearth[/url].

I’m not sure what the consensus was, we can assume that they didn’t change :smile: and also from the main website we can see Stonehearth has been used since at [urlhttp://stonehearth.net/2012/11/08/welcome/]least November[/url].

I think that might be a completely different example. World of Warcraft is already extremely well established, and using such a name like Warcraft of World is blatantly trying to confuse someone or piggybacking on that established title for promotion perhaps?

Hearthstone was announced in March I think? A fair few months after Stonehearth was in development and it would be unreasonable to say that Radiant knew about Hearthstone. Plus I would imagine Blizzard or some people within Blizzard have been made aware of Stonehearth, and we haven’t heard anything, so, let’s all just carry on!

Edit: Also from the AMA they did:

[–]monkeyhole22

“I’m super excited for Stonehearth, and have been following the kickstarter closely. But I’m worried about one thing: Blizzard has a card game in beta called Hearthstone.
Are you afraid they’re going to make you change the name of your game?”

[–]inkblotSRK[S]

“We’ve had the name Stonehearth since last November, and we really like it.
We can’t control what Blizzard does, but we will try to keep the name Stonehearth”

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I don’t think that there is any danger of something like this happening, however I see another problem, people who doesn’t know that Stonehearth and Hearthstone are different games might get confused when seeing a reference to one of them.

Well Blizzard doesn’t seem to be going after StarCraft Universe by Upheaval Arts (Kickstarter Link) and that seems to be more clear cut.

Equally close might be “World of Tanks,” etc. I don’t think this is a big concern.

p.s. Although I do randomly get the two confused if I do a poorly termed google search.

Yeah stonehearth was there first but what I fear is the bigger guy bullying the smaller one. Imo if anything it’s stonehearth who would be doing the sueing.

But if blizzard decides that too many of their potential clients stumble upon stonehearth by mistake, they could try to sue radiant to the ground.
Bethesda did that and “scrolls” (a tcg or tsg) and “the elder scrolls” are very different games too.

People like mojang can fight back, but usually the smaller team will just back down. You may have the best case in the world, but not the money, that’s how the system works imho.

Anyway we can just hope for the best^^
Now onto a more pressing issue: Hearthstone has the same orangy font, except for that whirling blue “O”, maybe Stonehearth should have that too… :wink:

i happen to be going through the trademark process.
the website has archives which clearly state the project and its name under way going back years. having a trademark does not mean you can force a company or business to stop operating as they once were.
Otherwise i could see a nice little news blog thats gaining popularity and starting to be competition. I would then take out a trademark with their name and force them to stop operating.

It shouldn’t effect them to much, it’s not like if someone discover stonehearth while searching for Hearthstone they will lose him, people can play both games.

welcome aboard @nekochan! :smile:

if anything, i could see ActiBlizz offering to pay Radiant to make the name go away, so as to corner the “hearthy stoneing” market… Radiant clearly has the right of it (having laid claim to their name in advance of Blizzard’s), but given Blizz has more money than they know what to do with (even with their subs dwindling by the millisecond), i can see this as one potential outcome…

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It could also be a problem because knowing Blizzard, they’ll sponsor their links and so if someone Googles “Stonehearth”, Hearthstone will just come out on top and the people will then see Blizzard and go “Ah, that must be it!”

Thank you! Looking forward to be part of this community.
I’ve been lurking since I backed in the kickstarter, but exams and all took much of my time… nah really I was just being too lazy to make an account =P

I like talking about this kind of topics and judging by the replies I got, the community seems to have only awesome people :smile:
If I was not studying to help people live longer, I’d be studying on how to take their mon… help them with legal advice.

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there’d be benefits to taking the money though, might mean more dev money (even though the kickstarter was a great succes). Personally I think that i’m getting to far ahead of myself though, The only real answer it to wait and see IF something happens.

well, if nothing else its an interesting discussion… :wink:

realistically though, im sure someone in the vast enterprise that is ActiBlizz would have heard of this upstart little shop, Radiant something-or-other, and would have reached out in some form, if there was a concern on their end…

still, stranger things have happened i suppose… i was going to suggest potential new titles for the game, but that would have derailed this thread beyond all recognition… :smile:

World of stonecraft
Starhearth
diablo III: reaper of stones

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fine… but this is the limit of my indulgence! :smile:

  • Warcraft III: Reign of Chaos Mer
  • Warcraft III: The Frozen Throne Stone

wow, just did a little more reading, and it seems Hearthstone is set to be released sometime this year? surely they would have reached out to Radiant by now if there were any concerns… right Shirley @Geoffers747?

the game is currently in a closed beta, with the release sometime
during 2013

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You would have thought so, but never say never I suppose?

It would seem highly unlikely, I mean yes, at initial glance an uninformed person may be confused by the titles, but then as soon as they visit the respective site for the game I would imagine all confusion would have gone.

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Blizz could force the issue with money, I don’t think anyone has enough money to put up with a lawsuit for months on end against them.

This may be a bit off track but have you heard about that illegal World of Warcraft theme park in china. Here’s a link to an ign article about it… ign article

Apparently it opened up in January this year Oo

Im guessing Blizzard will either buy it or ignore it, I cant imagine them wanting to get rid of such publicity

http://socialmedia.trademarkia.com/socialmedia/username-stonehearth-85929197.htm
Radiant Entertainment, Inc.
1604 Larkin Avenue
San Jose, CA 95129
Filed on: 5/10/2013

http://socialmedia.trademarkia.com/socialmedia/username-hearthstone-86003646.htm
Blizzard Entertainment, Inc.
16215 Alton Parkway
Irvine, CA 92618
Filed on: 7/7/2013

You can’t sue people retroactively.

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Month/day/year?? Else it aint that retroactive xD.