industry news
Pwned.Com Responds to Pwnage Trademark Filing
Posted by Brian Crecente at 11:00 AM on March 9, 2008
Oh the Pwnage drama just won't stop.
Last weekend we reported that Futuremark Games had filed a trademark for Pwnage, later that week Jukka Mäkinen, Executive Producer, Futuremark Games Studio, responded claiming that they only filed the trademark because they wanted to "protect ourselves from squatters".
MTV, quick to poke fun, tracked down one of the folks who work at Pwned.Com to see what they think about the whole legal silliness.
"PWNED.com is a site for gamers pure and simple. We never felt the need to trademark the word we never created. We do this for fun. We are looking into our options because of this".
Yes, that's right, we need someone to trademark Pwned too.
'Pwned.com' Weighs In On 'Pwnage' Trademark Attempt [MTV Multiplayer]

Comments (AU Comments · US Comments)
There are currently no AU comments for this post.
Raring
Posted 10:34 PM 19/3/08
"They didn't create the word, and it's in general use, so they have no more right to trademark it then anyone else."
And Apple Computers came up with the word Apple, I guess?
Raring
MajorMcMuffin
Posted 10:34 PM 19/3/08
@Zeouterlimits:Quiet you, I'm just cynical is all, not cynical and well researched. Also, you know my computers, I've never had the hardware which would require benchmarking. Unless of course I set out to disappoint myself from the start...
MajorMcMuffin
Till-Troll
Posted 10:34 PM 19/3/08
Yeah, I have a feeling they'll get told where to go by the Patent office. If they don't, then I lose faith in the common sense of said office... They didn't create the word, and it's in general use, so they have no more right to trademark it then anyone else.
Also, my favourite t-shirt of the moment is cell shaded Link swinging his sword with the caption 'pwnage'. Would I have to stop wearing it? It's the only gaming t shirt I have that fits me properly... and it's so cute.
Till-Troll
cybereality
Posted 10:34 PM 19/3/08
It would be interesting if the internet itself could trademark something. So, for example, if anyone tried to use "Pwnage" in a non-internet enabled medium (such as a book or tv show) then the producers would be forced to pay a tax to the internet. Then we could come up with a system where everyone that ever used the word "pwnage" would get a certain cut of the settlement. Sort of like a collective trademark, because it would be almost impossible to determine who started it.
cybereality
Raring
Posted 10:34 PM 19/3/08
None of the staff's posts or comments above indicate any understanding of intellectual property. A trademark for the word pwned wouldn't even prevent the usage of the 'word' pwned. If pwned.com is a commercial site, then the application for the mark wouldn't be successful anyway.
Raring
Machines
Posted 10:34 PM 19/3/08
These guys should trademark "stupid." They'd have a better shot of being awarded that one.
Machines
Zeouterlimits
Posted 10:34 PM 19/3/08
@MajorMcMuffin: Futuremark make the 3D benchmarking software. It's pretty famous.
Zeouterlimits
tehFluffz
Posted 10:34 PM 19/3/08
Solution: Get Oxford to recognize "Pwned" as an actual word and everyone's happy.
Futuremark don't need to worry about getting sued for using a word and the internet wins another fight in its battle against the English language.
tehFluffz
Evil J
Posted 10:34 PM 19/3/08
My only question is...
If one used the "pwned" trademark term ironically, are they still liable? I mean, that's the only way me and my friends use it.
Currently, it's all about "IDYM" (I drink your milkshake) but since everyone has hopped on that bandwagon, we're going to have to figure out something else.
In my opinion, the minute t-shirts start being made with a catchphrase or an in-joke... it's neither cool nor un-tool-like to use.
Personally, I'm going to start using "Bon Jovied". As in "I just wicked Bon Jovied your ass."
Evil J
NoBullet
Posted 10:34 PM 19/3/08
Only tools say pwned-- wait, anyone who still says any variation of that word is a tool.
NoBullet
Raziel3333
Posted 10:34 PM 19/3/08
i got it....how about EL KAPWNED!!! *guitar*
Raziel3333
Ludwig
Posted 10:34 PM 19/3/08
@AssassinXaero:
Actually "E!" is a trademark of the E! Channel.
Again, grow up of the "They are taking my woooordsss!!" .. I don't know what is more stupid.
Ludwig
dgonchild
Posted 10:34 PM 19/3/08
@PsycheDiver: Nah, it's been sad for quite a while now. At this point it's just pathetic. I dont know if I should even take this issue seriously. It's ridiculous.
dgonchild
PsycheDiver
Posted 10:34 PM 19/3/08
This is getting a little sad.
PsycheDiver
BlueWolf72
Posted 10:34 PM 19/3/08
Thanks for posting our news. Reading the comments not sure what we are to do. We never felt the need to TM PWNED or PWNAGE as we didn't create the word. We also have money vested in our site and future and to have Futuremark do this we are looking into protecting ourselves.
BlueWolf72
www.PWNED.com
BlueWolf72
goliathvv
Posted 10:34 PM 19/3/08
I guess someday well have an "word account", you know: "deposit 50 bucks or shut up!". Just imagine the day you'll say something like this: "What™ a™ boring™ day™ ...™ "
goliathvv
AssassinXaero
Posted 10:34 PM 19/3/08
So... how long before someone trademarks the letter "e"?
AssassinXaero
Evil Tortie's Mom
Posted 10:34 PM 19/3/08
@MajorMcMuffin: Don't forget "pwnz" and "pwnzing".
Evil Tortie's Mom
MajorMcMuffin
Posted 10:34 PM 19/3/08
@pixelacious: A bit extreme, you think? This is all silly, and when you think about it, had you heard about Futuremark before now? I hadn't. Anyway, I love a good ol' bandwagon so I am trademarking "pwn" and by extension all variations on "pwn" including, but not limited to "pwned" "pwnage" "pwner" "pwnerer" and "pwning". My trademark will cover all recorded media etc. etc.
Just need to found a lawyer who'll take me seriously, I'll start at Futuremark's law firm.
MajorMcMuffin
bunch.of.wackos
Posted 10:34 PM 19/3/08
oh yes?? well I'll trademark the word potty ... and they'll all have to pay me to go.
I was thinking of trademarking the word stupid... but then how would all the world describe these companies?
bunch.of.wackos
pixelacious
Posted 10:34 PM 19/3/08
What a pile of BS, someone should organize a boycott of Futuremark in protest.
pixelacious
gaiking
Posted 10:34 PM 19/3/08
I think I my have to trademark the word "Future"...it is simply to protect myself from possible misuse by Future games...they will need to cease all use of the word Future or face legal action.
gaiking
Trowble (XBL/PSN)
Posted 10:34 PM 19/3/08
@Fallen_Reality: What show is that from?
They did it for fun, because they wanted to pwn the pwners.
Trowble (XBL/PSN)
strang
Posted 10:34 PM 19/3/08
But I own pwn3d.com, should I be worried too?!
strang
Thrillhaus
Posted 10:34 PM 19/3/08
You're fired.
Thrillhaus
Dyson
Posted 10:34 PM 19/3/08
Pure Pwnage replied a few days ago too.
[www.purepwnage.com]
Dyson
Onizuka-GTO
Posted 10:34 PM 19/3/08
well guess it's time to sploge some on my peers.
hmm...that don't sound the same anymore...
D:
Onizuka-GTO
The Amazing Exploding-Man
Posted 10:34 PM 19/3/08
The shining stupidity that is IP laws strikes again.
The Amazing Exploding-Man
Crusoe
Posted 10:34 PM 19/3/08
Webster is rolling in his grave.
Crusoe
RonJeremy4Pres
Posted 10:34 PM 19/3/08
Intellectual Property (IP) trolls like this are even more annoying than when people on this site go onto Halo stories/threads just to grace those of us (who are truly interested) with a "Halo Sux" comment.
RonJeremy4Pres
gamadaya
Posted 10:34 PM 19/3/08
It's like when Paris got exclusive rights to "That's hot" but way more retarded (I ashamed that I am able to say that).
gamadaya
Altima NEO
Posted 10:34 PM 19/3/08
PWND is so "new millenium"
Altima NEO
dead_red_eyes
Posted 10:34 PM 19/3/08
@Cell9song:
Sounds like fun times to me!
dead_red_eyes
Fallen_Reality
Posted 10:34 PM 19/3/08
Black people always used to say, "I'm in the house" instead of "I'm here." But then white people all started to say "in the house" so we switched it to "in the hizzouse." Hizzouse became hizzizzouse, and then white folk started saying that, and we had to change it to hizzie, then "in the hizzle" which we had to change to "hizzle fo shizzle," and now, because white people say "hizzle fo shizzle," we have to say "flippity floppity floop."
(^-^)
Favorite episode.
Fallen_Reality
Cell9song
Posted 10:34 PM 19/3/08
I propose a day where we all arm ourselves with gasoline filled super soakers, kick in the door of every copyright/trial/personal injury/entertainment lawyer, hose them down and strike some matches.
Cell9song
jmote
Posted 10:34 PM 19/3/08
or what about ZOMG?
jmote
jmote
Posted 10:34 PM 19/3/08
wow... this is dumb.
I'm going to trademark "awesome" next... since that is a great word too.
jmote
Gladman
Posted 10:34 PM 19/3/08
@Saxboy: I like it, i hope it catches on.
Gladman
aribus
Posted 10:34 PM 19/3/08
I wonder if I can trademark the words "cool" and "the."
aribus
baked ham
Posted 10:34 PM 19/3/08
I thought owned was a bit overused and getting kind of stupid. But pwned? That was always fucking stupid. From the first time someone ever decided to purposely replace that o with a p. Jesus. If someone wants to claim it for themselves, I say let them. Hopefully then I won't have to hear people use it as much. So annoying.
baked ham
Sinnbox
Posted 10:34 PM 19/3/08
I remember when i moved here from Kansas about 2,000 no gamers here had heard of pwned before, and at first were offended that i used it at gaming partys, they soon caught on. The teacers at school however tred to send many people to the princiapls office for saying the were going to "poon" someone. lol.
Sinnbox
Sovnade
Posted 10:34 PM 19/3/08
They would have to present evidence that they used/popularized the word, which is flat out impossible. I don't remember a single futuremark product where pwned, pwnage, or anything else of the type was even mentioned. This trademark wont get approved, and I hope it hurts sales of all their future products. Fuckers.
Sovnade
rospaya
Posted 10:34 PM 19/3/08
Boom, intentional death causing head wound! I just hope they don't trademark headshot :(
rospaya
AndrewDB
Posted 10:34 PM 19/3/08
@Nisori: Well said.
AndrewDB
Lono
Posted 10:34 PM 19/3/08
I want to ask my girlfriend about this, who is an IP lawyer, but honestly I'm kind of embarrassed.
Lono
Nisori
Posted 10:34 PM 19/3/08
Pwned hasn't been a 'cool' term for a few years now. This whole trademark debacle has gone from idiocy to retardation.
Nisori
BLiNk
Posted 10:34 PM 19/3/08
Maybe they should trademark the word lame also
BLiNk
VakeroRokero
Posted 10:34 PM 19/3/08
@Saxboy: lol I see that you did there...
VakeroRokero
Saxboy
Posted 10:34 PM 19/3/08
I say we just find a new word.
Here that Pwned.com? You just got BLAMMOED!
Saxboy
mentalboy11
Posted 10:34 PM 19/3/08
no, you go, Ka-Pwned! now.
mentalboy11
Tzero7
Posted 10:34 PM 19/3/08
So I guess we will just have to go back to saying owned and ownage?
Tzero7