Mojang Vs Putt-Putt: Trademarks and User Generated Content

Notch just tweeted a letter from Putt-Putt (TM), claiming that Mojang (MineCraft creators) infringed on Putt-Putt’s trademark. Their Cease and Desist (C&D) letter includes a screenshot of a Youtube search for putt putt craft. See the images below.

Mojang VS Putt-Putt Page 1

Mojang VS Putt-Putt Page 1

Mojang VS Putt-Putt Page 2

Mojang VS Putt-Putt Page 2

Mojang VS Putt-Putt Page 3

Mojang VS Putt-Putt Page 3

The thing Putt-Putt doesn’t seem to get is that, this has really nothing to do with Mojang as the videos are User Generated Content (UGC). They could send C&Ds to the content creators, but sending it to Mojang makes no sense as they have no control over the content. What happened to doing your due diligence before sending C&Ds? This is a waste of lawyer time and money. Mojang can do absolutely nothing about the videos, nor should they. If Putt-Putt feels that their trademark has been infringed they have to take that up with the content creators, either map or video creators.

This really one of the issues with UGC, who has the responsibility for potential infringement. I don’t know if this actually “hurts” their brand but Trademarks has to be protected so I understand why Putt-Putt sends the C&D… I just wish they would send it to the right people rather than those who can do nothing about it. This will turn out to be a massive PR loss for Putt-Putt in my opinion, it won’t do a thing for Mojang and probably not much for the videos on Youtube either.  If their lawyers cannot do proper due diligence, then they should be ashamed of themselves for wasting everyone’s’ time and money.

 

-P

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