Activision 'Rocktober' trademark conflicts with EA's Brutal Legend marketing
by Ben Gilbert 
{ Sep 28th 2009 at 4:00PM }
Lo and behold, we turned up an Activision trademark filing for "Rocktober" dating all the way back to 2007. An EA representative was unable to comment at the time of this posting, but assured us we'll have an official statement from the publisher soon. We've also reached out to Activision for its side of the story. In the meantime, we've dropped the text from Activision's press release -- or as it's no doubt being dubbed by lawyers, Exhibit A -- after the break.
Activision press release:
"GUITAR HERO® CELEBRATES ROCKTOBER™ WITH A LIMITED-TIME 25% DISCOUNT ON SOME OF THE HOTTEST DOWNLOADABLE ROCK TRACKS
"Fans can expand their library with discounts on up to ten of Guitar Hero downloadable favorites
"Guitar Hero® is ushering in ROCKTOBER™ with a limited-time-only discount on ten of our favorite tracks available to fans for Guitar Hero® 5, Guitar Hero® World Tour and the upcoming Band Hero™ games through Xbox LIVE® Marketplace for Xbox 360® video game and entertainment system from Microsoft.
"Starting Monday, September 28 and continuing through Sunday, October 4 Microsoft Xbox 360 Guitar Hero rockers will be able to expand their music library with 25% off ten of the hottest tracks:
- The Killers – 'Mr. Brightside'
- Travis Barker - 'Low (Travis Barker Remix)'
- Blink-182 – 'What's My Age Again'
- Rick Springfield – 'Jessie's Girl'
- Queen – 'We Are The Champions'
- Blind Melon - 'No Rain'
- Ram Jam – 'Black Betty'
- Nickelback – 'Because of You'
- Smashing Pumpkins - '1979'
- Foreigner – 'Hot Blooded'"
Reader Comments (Page 1 of 2)
False @ Sep 28th 2009 4:05PM
I don't think this means anything. Activision's already lost one BS lawsuit against Brutal Legend. Why add to the pile?
AnteSim @ Sep 28th 2009 4:59PM
As long as the community at large acknowledges that Roctober has nothing to do with stinking Activision, then every time they use the term a copy of Brutal Legend will get its wings.
Ben Forbes @ Sep 28th 2009 4:06PM
facepalm.jpg
Temidien @ Sep 28th 2009 4:39PM
Let me help you out:
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Storm Eagle [Resident Capcom Megafan] @ Sep 28th 2009 4:06PM
DECAPITATIOOOOOOOOONNNNN!
rickjamess04 @ Sep 28th 2009 4:07PM
As much as I hate activision right now, all I can say is well played, well played Activision.
Btw, I can't come up with any good simpsons quotes for this one...
uncle jesse @ Sep 28th 2009 4:09PM
My cat's breath smells like cat food....
rickjamess04 @ Sep 28th 2009 4:13PM
thats great and all, but what does that have to do with rocktober
readmore @ Sep 28th 2009 4:17PM
Lousy Smarch weather!
butaneko @ Sep 28th 2009 4:22PM
This whole raid was as useless as that yellow, lemon shaped rock over there. Wait a minute, there's a lemon behind that rock!
Bailers77 @ Sep 28th 2009 4:26PM
Booooooooooo!
I meant to say Booo-urns, Booo-urns.
rickjamess04 @ Sep 28th 2009 4:27PM
Govt Agent: [about Homer's mail] Most people write to movie stars, this guy writes to movies.
[reads letter]
Govt Agent: Dear Die Hard, you rock. Especially the part where that dude is on the rooftop. P.S. Do you know Mad Max?
T @ Sep 28th 2009 4:29PM
There's no such thing as Rocktoberfest? You used me, Kotick! YOU USED ME!
joshua.nash @ Sep 28th 2009 4:33PM
there is always the old standard of homer's "D'oh"
BunnySlapper @ Sep 28th 2009 4:46PM
"Dear Die Hard, you rock! Especially when that guy was on the roof.
P.S. Do you know Mad Max?"
Hirsbrunner @ Sep 28th 2009 4:59PM
Detective: "Sir, are you trying to stall us, or are you just senile?"
Grandpa: "A little from column A, a little from column B."
charlie b. @ Sep 28th 2009 5:53PM
it's a cow's heart!
they're trying to make a monkey outta you!
E.J. @ Sep 28th 2009 6:17PM
"They taste like burning!"
DigTheDoug @ Sep 28th 2009 6:48PM
And now ... are you adequately prepared to rock?
PR0F3TA (PSN - PROPHETA) @ Sep 28th 2009 6:56PM
Hello Super Nintendo Chalmers
Mr Khan @ Sep 28th 2009 7:43PM
"Ok i admit it! I am the Lindbergh Baby. Waah! Waah! I miss my fly-fly da-da!"
Markez @ Sep 28th 2009 10:06PM
Mr. Simpson, was that you taking that cowardly dive into that display of heavily salted snack treats?
rickjamess04 @ Sep 28th 2009 10:46PM
We can outsmart those dolphins. Don't forget - we invented computers, leg warmers, bendy straws, peel-and-eat shrimp, the glory hole, AND the pudding cup.
uncle jesse @ Sep 28th 2009 4:08PM
Whoops, I guess Poptober doesn't really sound as cool, does it?
antilight @ Sep 28th 2009 4:10PM
Since when would Blink-182 count as Rock? Let alone Nickelback (barf)...
Anti-Villian @ Sep 28th 2009 4:32PM
That's right! NOTHING is rock except bands YOU like.
Scooter @ Sep 28th 2009 6:13PM
Yeah, Activision is so blind to music they can't see that Blink 182 is Country-Ska fusion and Nickleback is Ragtime-Hip Hop. At least they have somewhat of an idea what rock is, they did include Low in this deal.
hans @ Sep 28th 2009 4:12PM
Thank god i trademarked Cocktober™ already.
tom99k @ Sep 29th 2009 3:22PM
It'll be a fine Cocktober™ so it shall!
Dirty @ Sep 28th 2009 4:12PM
I better get cracking if Im going to trademark Broketober.
Also this is kind of jacked of Joystiq, its Activisions business to keep track of and maintain their own trademarks. I hope that they aren't doing this so that Kotick gives them a nice pat on the head.
nukethewhalesagain @ Sep 28th 2009 4:13PM
Can they really copyright "Rocktober" if my local lame classic rock station has been using it for years?
jynxycat @ Sep 28th 2009 4:14PM
Sure.
It's no more silly than trademarking something like Kentucky fried chicken.
Skorpeyon @ Sep 28th 2009 4:17PM
Exactly what I had wondered. I've been hearing this term for at least the last 10 years, since I first got my own car and started listening to the radio regularly. I'm confused as to how Activision was even able to trademark the word.
Calvin @ Sep 28th 2009 4:50PM
The Colorado Rockies used "Rocktober" when they went to the playoffs a few years back
embassy @ Sep 28th 2009 9:39PM
:nerd moment:
1. You can't copyright words, that's what trademarks are for.
2. Trademarks can be region-specific (like the radio stations you've mentiond and the rockies as well)
3. Trademarks can be disputed if the initial owner of the trademark hasn't/doesn't utilize the mark in trade consistently.
4. Activision can kiss my ass.
http://feederleague.com/wp-content/uploads/2009/03/the_more_you_know2.jpg
PR0F3TA (PSN - PROPHETA) @ Sep 28th 2009 4:13PM
i did the math, we all owe Activision $2.75 each for using the word.
Sorry
[Tre, who is no longer a douche] [blogs at trespeak.tumblr.com] @ Sep 28th 2009 4:48PM
If Activision even wants my 5.50 for saying Rocktober twice, then they can have my middle school student ID (.75) and 2 free songs from iTunes (2.00).
Here you go Activision, and happy Rocktober.
http://tresprojects.webs.com/Photo%20468.jpg
rcf1105 @ Sep 28th 2009 4:15PM
What a crocktober.
WRYYYYYY @ Sep 28th 2009 4:15PM
Didn't the Colorado Rockies try to trademark it two years ago too?
Preston @ Sep 28th 2009 4:15PM
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Chris D.(PSN: Aggie_CEO | XBL:The Aggie CEO | Steam: Aggie_CEO @ Sep 28th 2009 4:26PM
do you people have this saved in a notepad somewhere?? lol
butaneko @ Sep 28th 2009 4:28PM
Is that Jean-Luc Picard?
The Dark Wayne [Planeteer: Power of the Batusi] @ Sep 28th 2009 4:33PM
that is indeed the good captain
Anti-Villian @ Sep 28th 2009 4:35PM
I don't really know my star trek but I believe that's the captain.
the_pop @ Sep 28th 2009 11:15PM
You fools! It's a cheese wheel.
Bronco-fan @ Sep 28th 2009 4:16PM
"Nickelback – 'Because of You'"
Sorry, but you lose any right to a rocktober trademark when you use it with Nickelback. Hope someone told Kotick that.
antilight @ Sep 28th 2009 5:45PM
My point exactly! (see my comment above... and somebody trollin')
why not the LS2LS7? @ Sep 28th 2009 4:18PM
Doesn't matter. It's Tucktober anyway.
GiggMan @ Sep 28th 2009 4:41PM
Damn skippy!
profeteer @ Sep 28th 2009 4:19PM
It seems to me there would be some sort of common sense protecting against trademarking already widely known and used terms.
On a sidenote, I've just trademarked 'the'.