Goriginal Content

EoD - Come back, SF

EoD - Come back, F-0

GN Podcast #453

Cult County chat!

EoD - Missed chance?

EoD - Waluigi time?
 

Nintendo has 36 months to produce something Eternal Darkness-related to retain the trademark

Looks like Nintendo is going to have to put up or shut up with their Eternal Darkness trademark. The USPTO has seen Nintendo's request to extend the Eternal Darkness trademark, but has responded to that with a Statement of Use or Extension Request. This means Nintendo has 36 months to actually do something with Eternal Darkness, otherwise they'll looks the trademark request. Well...things just got really interesting!

Link

Also check out:
Discussion Preview
28 total comments (View all)
User avatar
03 Jan 2014 14:00

They might just release it as the first GCN VC release.
User avatar
03 Jan 2014 14:02

All they have to do is make some Eternal Darkness stickers and make them a Club Nintendo reward. That way the 13 people who want a sequel can have those, and they keep their trademark.
User avatar
03 Jan 2014 14:08

Time for a... MOBILE GAME!!! :lol:
No Avatar
03 Jan 2014 14:10

lol i like that stickers idea , they could also make a video qte of the first hour or something if "new" is needed
No Avatar
03 Jan 2014 14:12

I'd bet on a virtual console release or an HD Upres, or they will just let it slip.
User avatar
03 Jan 2014 14:18

I wonder if that means they'll pick up Shadow of the Eternals and make it Wii U exclusive?
User avatar
03 Jan 2014 14:19

I second the vote to introduce Gamecube to the Wii U's VC and have Eternal Darkness be one of the games.

I'm seriously wondering what could happen if they did or did not do anything with the trademark. On one hand, Silicon Knights is no more so I don't see them doing anything since Dynak and co. couldn't get Shadow of the Eternals into full gear.
No Avatar
03 Jan 2014 14:22

Only problem, 36 months is forever in gaming time...for what is worth, they might start working in something at 2017 and released it in 2020.
User avatar
03 Jan 2014 14:43

This sounds like the death rattles of Eternal Darkness. Nintendo probably won't do anything with it and Dyack can't seem to get anything off the ground. Even a re-release of the orignal doesn't seem likely to me.
User avatar
03 Jan 2014 14:49

This looks like a job for Nintendo's strangest, creepiest, most hallucinogenic character.

That's right...It's Waluigi time.
User avatar
03 Jan 2014 15:04

Well, it looks like now is the perfect time for Nintendo to just back the Shadow of the Eternals game as a second party effort and call it Eternal Darkness 2: Shadow of the Eternals.
User avatar
03 Jan 2014 15:30

This is easy... Just realease a 5 page free webcomic comic book or something. :lol:
User avatar
03 Jan 2014 15:59

Well, does it "have" to be a videogame? They could just make Eternal Darkness coffee mugs and sell them at their world store.

Also, why would Nintendo be required to do anything? They own Eternal Darkness. It's their property? That would be like the hypothetical situation of Mario being bought by someone else, because Nintendo (for some reason) did not make anymore Mario games.-could that happen? I thought that when you create something that it is yours forever until you legally give/sell it away.
No Avatar
03 Jan 2014 16:09

Do nothing with it. Eternal darkness was awful, and I don't want to see that game again.
User avatar
03 Jan 2014 16:15

This sounds like I murder threat.
User avatar
03 Jan 2014 16:21

Mamma Jynx wrote:Well, does it "have" to be a videogame? They could just make Eternal Darkness coffee mugs and sell them at their world store.

Also, why would Nintendo be required to do anything? They own Eternal Darkness. It's their property? That would be like the hypothetical situation of Mario being bought by someone else, because Nintendo (for some reason) did not make anymore Mario games.-could that happen? I thought that when you create something that it is yours forever until you legally give/sell it away.


No, it doesn't work that way. Certain limitations are put in place so that a company can't trademark every name under the sun and prevent anyone else from ever using them. Trademarks have to be used and they have to be renewed. Keep in mind that trademarks aren't the same as copyright, in case you're thinking of that. Even then, the creator of an original work doesn't get to keep it to themselves forever. There are copyright limitations. That's why many classic works are now public domain.
No Avatar
03 Jan 2014 16:22

they'll probably just let it expire; the series is long forgotten except for a very small fanbase.
User avatar
03 Jan 2014 16:31

If Precursor Games was smart, they'd use the opportunity to turn Shadow of the Eternals into Eternal Darkness 2.
User avatar
03 Jan 2014 20:04

On the topic of Shadow of the Eternals. This could easily be a situation where Nintendo could kill two birds with one stone.

They approach Precursor Games and offer to publish the game. Nintendo get's the ability to retain the trademark and also gets a Mature Third Party Wii U Exclusive. They can easily market the game and re-release Eternal Darkness either as GCN Virtual Console or outsource a HD re-make akin to Ocarina of Time.

Off Topic on GCN VC. It's not really Virtual Console, since existing VC games are being emulated. GCN Games can run natively in Wii Mode (Homebrew gets this back in Wii Mode). Only thing different between Wii U and Wii in this regards is the Disc Drive in Wii U can't take the smaller sized discs. If it could (or you put a GCN game on a Wii/WiiU Disc) it would run natively in Wii Mode just as it did on the Wii.

Mamma Jynx wrote:Well, does it "have" to be a videogame? They could just make Eternal Darkness coffee mugs and sell them at their world store.

Also, why would Nintendo be required to do anything? They own Eternal Darkness. It's their property? That would be like the hypothetical situation of Mario being bought by someone else, because Nintendo (for some reason) did not make anymore Mario games.-could that happen? I thought that when you create something that it is yours forever until you legally give/sell it away.


One of the reasons we hear about the Eternal Darkness Trademark more than others is Nintendo botched the initial filing and thus have to apply for renewal more frequently than normal.

Sylverstone14 wrote:If Precursor Games was smart, they'd use the opportunity to turn Shadow of the Eternals into Eternal Darkness 2.

They'd have to wait 3 years and hope Nintendo can't renew the trademark. I doubt they could hold off that long without going bankrupt.
User avatar
03 Jan 2014 23:08

Sisibakbak wrote:Couldn't they just put an ED trophy in Smash Bros. or would it have to be more substantial than that?


Or release ED on VC
User avatar
03 Jan 2014 23:13

Sylverstone14 wrote:If Precursor Games was smart, they'd use the opportunity to turn Shadow of the Eternals into Eternal Darkness 2.


Nintendo owns the franchise, Precursor Games no matter how smart they are, they can't do anything about that.... Do you suggest they beg Nintendo to give them the franchise?
User avatar
03 Jan 2014 23:45

ridleysaria wrote:
Mamma Jynx wrote:Well, does it "have" to be a videogame? They could just make Eternal Darkness coffee mugs and sell them at their world store.

Also, why would Nintendo be required to do anything? They own Eternal Darkness. It's their property? That would be like the hypothetical situation of Mario being bought by someone else, because Nintendo (for some reason) did not make anymore Mario games.-could that happen? I thought that when you create something that it is yours forever until you legally give/sell it away.


No, it doesn't work that way. Certain limitations are put in place so that a company can't trademark every name under the sun and prevent anyone else from ever using them. Trademarks have to be used and they have to be renewed. Keep in mind that trademarks aren't the same as copyright, in case you're thinking of that. Even then, the creator of an original work doesn't get to keep it to themselves forever. There are copyright limitations. That's why many classic works are now public domain.


Well that stinks for people who come up with amazing ideas (Harry Potter, Star Wars, etc) and then die only to have their products bought by other people to use with however they choose... How can we maintain the legacy of some of these franchises if they just become public domain after so many years? In over a hundred years some wackjob might ruin the Harry Potter name by making new movies or something... how sad.
User avatar
04 Jan 2014 02:37

So I never understood what the legal status was with Eternal Darkness.

Clearly it's not the same as their other Nintendo franchises that can remain dead for years and can be revived later. So who own what? This can't be a true Nintendo franchise.
User avatar
04 Jan 2014 04:58

@Sylverstone14 Such a shame SoTE never came to be. ;(
User avatar
04 Jan 2014 15:12

Mamma Jynx wrote:
ridleysaria wrote:
Mamma Jynx wrote:Well, does it "have" to be a videogame? They could just make Eternal Darkness coffee mugs and sell them at their world store.

Also, why would Nintendo be required to do anything? They own Eternal Darkness. It's their property? That would be like the hypothetical situation of Mario being bought by someone else, because Nintendo (for some reason) did not make anymore Mario games.-could that happen? I thought that when you create something that it is yours forever until you legally give/sell it away.


No, it doesn't work that way. Certain limitations are put in place so that a company can't trademark every name under the sun and prevent anyone else from ever using them. Trademarks have to be used and they have to be renewed. Keep in mind that trademarks aren't the same as copyright, in case you're thinking of that. Even then, the creator of an original work doesn't get to keep it to themselves forever. There are copyright limitations. That's why many classic works are now public domain.


Well that stinks for people who come up with amazing ideas (Harry Potter, Star Wars, etc) and then die only to have their products bought by other people to use with however they choose... How can we maintain the legacy of some of these franchises if they just become public domain after so many years? In over a hundred years some wackjob might ruin the Harry Potter name by making new movies or something... how sad.


That's not always the case. Sometimes rights stay with the estate and don't become public domain.

View the full discussion!

Quickie Search

"Advanced" Search

Anti-social Tendencies

Advertisements

RSS feed trough

News Feed
Top Stories
Console News
Portables News
Podcast Feed
GoNintendo Radio Feed
Twitter Feed

Affiliates + Friends

Destructoid
Gamersyde
Modojo
TheBitBlock
Anime Your Way