Activision 'Rocktober' trademark conflicts with EA's Brutal Legend marketing

by Ben Gilbert on Sep 28th 2009 4:00PM

When Activision sent out a press release this morning regarding a Guitar Hero DLC discount, we couldn't help but notice a tiny trademark symbol dangling precariously above the term "Rocktober™." That got our mind grapes juicing: Isn't that the term EA has been using to market Brütal Legend's upcoming ~~October~~ Rocktober 13 release? It is!

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'"

Tags: activision, activision-blizzard, brutal-legend, ea, Electronic-Arts, legal, rocktober, trademark, uspto

Reader Comments (94)

Ha, I'm been using Rocktober since 1980!!

Sure I'm only 20, but my point is still valid!!

I've been using it since rock itself was born (according to AC/DC, 1955)

I WIN.

And no, I will not point out that I'm twelve since you guys will think I'm flaunting that fact just like the last time.

Too bad no one buys GH DLC.

There's just never been an appropriate month in which to do so... Until now! It's a genuine DLC Rocktoberfest℠! Awwwww yeah!

EA's rocktober offerings are much better.

Activision doesn't have a leg to stand on here... the trademarked a word which was used long before they filed for the trademark...

http://www.heavymetalhorror.com/rocktoberblood.html

In fact pushing it might lose them their trademark because all EA has to do to defend against the injunction is to prove the word was in use in the meaning before the Trademark was granted... such as http://www.geocities.com/dayzi_/bonjovi/photos.html... at which point the trademark would be revoked without re-imbursement of cost of filing... Activision shouldn't have been granted the trademark in the first place, not to mention the word has been used without any infringement filings until now, the only difference is EA is their competition... BTW I'm a supporter of Activision more than EA...

as to you last sentence, uhhh why?

Summary: "Activision sucks but I love them"

Actually, I'd like to ask the same question myself. Activision has been in a destructive pattern of asshattery and entitlement for quite a while, while EA has pulled out of their death spiral and have actually shown some growth from it.

I used to like Activision and hated EA (I still hate EA's DLC unlock codes), but after Dead Space, Mirror's Edge, etc. and taking Tim Schafer under their wing allowing him creative power after Activision "couldn't morph Brutal Legend into a Guitar Hero title" certainly changed my perspective. The only thing Activision knows best is milking Guitar Hero and publishing Infinity Ward's Call of Duty series.

I'm shocked no one had Trademarked that yet...now thats crazy...its been used since the 70's...hell at least the 80's

Oh come on!

In 2007 The Colorado Rockies were trying to trademark "rocktober", which kinda doesn't make any sense for a baseball team. They should focus on the summer months. Kinda insane that it's trademarked now...hmmm... and ya, anyone with a radio has heard this term since they were little kids.

Zeptember, Rocktober, Tullvember, AC/December... it's not right!

Mayly Cyrus! No? :(

The Rockies attempted to trademark "Rocktober" during the franchise's first playoff appearance back in 2007.

The idea being that the Rockies (who were riding a long winning streak into the postseason) would own the month of October and win the World Series...thus turning it into "Rocktober".

*The More You Know*

You forgot the best of all... Jamuary.

Jamuary, all Phish, all the time.

Nothing says Rocktober like The Killers and Nickelback right Activision?

Aww, Wayne. :(

Say what you will about Nickleback, but I like some Killers.

they arent terrible but they're much closer to pop than anything else on that list

Yeah, you can like the Killers as much as you want. That doesn't make them "rock" :P

Bart's words follow your eyes as you go down.

On a different note, Activision really needs to just stop. We all know next month is Trophy/Achievement Unlocked-tober anyhoo.

Stoptober?

Situations like this are why we need to reform the terribly out-dated copyright, trademark, and patent laws.

http://www.pirate-party.us/
http://www.pirateparty.ca/
http://www.pirateparty.org.uk/

At least this is a lot better then Broctober

Or Underageasianschoolgirlember

Also, prepare for CoD: MW2 with Iraqtober! Make fun of stupid marketing gimmicks during Mocktober!

Seriously, Activision can suck my ****tober

I'm going to trademark the word 'kotic' to describe the act of taking tired old marketing gimmicks and attempting to make a profit from them.

eg. "The Guitar Hero franchise has been koticked to within an inch of it's life"

I'm no lawyer, but my understanding is that trademarks are only protected for a specific use (e.g. Apple music vs. Apple computers) but according to the trademark filing the use is:

"Computer game software and related instruction manual sold together as a unit; interactive video game programs; computer game cartridges; computer game cassettes; computer game discs; downloadable software for use in connection with computer games; video game controllers; Interactive video game comprised of a cartridge or DVD sold as a unit with a video game controller"

It seems to me that the use in the press release is none of those - they're not putting out "Guitar Hero: Rocktober", they're referring to the month of October.

Yeah, I was thinking the same thing. Admittedly I never bothered to check so far into it to confirm my suspicions, but still.

I'm no lawyer either. I just got bored one day and decided to become familiar with what the USPTO says on trademark law.

Also, I think at least 70% of the bands that have music in Brutal Legend would sacrifice and then eat any of the bands that are on the guitar hero list.

Hey, can I get in on this action?

I used "Roctober" in one of my Spam Art comics, and that was way before 2007...like, 2005 or something!:

http://comics.sam-k.net/SpamArt/spam_art11.html (forth comic down on the page).

I just realized that those comics (the titles, especially) may not make sense out of context, so here's the main page with description:

http://comics.sam-k.net/SpamArt/spam_art.html

What the hell?

So it's only four actual days of October (past the September dates), it's only a discount, it's only on ten tracks, and it's only on one of the three consoles with DLC access? And quality notwithstanding, NONE of the songs actually fuckin' rock? And they still used an old trademark that they probably didn't intend to use this year?

You know, I was only kind of thinking about buying Brutal Legend on launch day and might have waited a week or three, but fuck it: DAY ONE PURCHASE, BABY!

Nope, sorry Activision. Rocktober belongs to Brütal Legend, and no one else.

Activision doesn't have a product called "Rocktober" to trademark. You can't trademark a release date. The Colorado Rockies tried to trademark Rocktober and failed for the same reason... they don't have a product.

Um, wow, you may want to check your information. Companies trademark slogans all the time. Nike doesn't sell a product called "Just Do It;" McDonald's doesn't sell a product called "I'm lovin' it," but you can bet your ass they've trademarked those phrases for the purposes of marketing.

Activision can Sucktober(TM) my Nutsvember(TM) and choke on my Dickcember(TM).

I thought the Colorado Rockies baseball team trademarked Rocktober when they went to the world series... Now what am I going to do with all these Choketober shirts I made.

I'm gonna get on the line with the Governor and see if we can make October the National Heimlich Maneuver Awareness month.

Conan O'Brien renames October.

http://www.youtube.com/watch?v=hMNXLQwZpXA&fmt=18

http://www.youtube.com/watch?v=Sl1vyqkympc&fmt=18

So it IS personal after all. Kotick has no credibility.

At first they said Activision suing over Brütal Legend was like an ex-husband that sued over the better looking new guy his wife found? Now they've started flinging poo at his car and saying "She's faking it, you know!" onto answering machine.

If this is what the culture between billion dollar publishers is. And THIS (http://www.escapistmagazine.com/articles/view/columns/extra-punctuation/6228-Yahtzees-Prototype-vs-InFamous-Challenge) is what it is between developers. I can only hope many many big publishers die as soon as possible.

Not gonna happen, I know but it's weird how they grow up to become even more like babies.

Go on Kotick! Sue them! Get another quick dime.

i first heard it back in the late 70's early 80's when i was in high school and i'm pretty sure some dj came up with it long before that. It would be interesting to find the person who coined the term and have them sue everyone who has ever used it.

But on a different note i'm looking for game designers to help me make my own game. i will call it ROCKTOBER and it will have nothing to do with rock OR october. i just want to be a dick and call it rocktober!

Previous 50 Comments

Activision 'Rocktober' trademark conflicts with EA's Brutal Legend marketing

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