Jellyvision Suit Seeks to Get Its Ducks in a Row

January 27, 2010 -

Jellyvision, the minds behind the popular “You Don't Know Jack" series of games, has filed a lawsuit against insurance company Aflac for trademark infringement.

The complaint, filed last week in the U.S. District Court for the Northern District of Illinois, seeks an injunction to prevent Aflac from using the phrase "You Don't Know Quack" as part of their online web-game marketing scheme. 

Here's where the weird part comes in: Jellyvision also owns a website called Healthcare Mentor, presumably why Aflac's insurance game bothers them so much. The site even touts Jellyvision's history as a pioneer in "Interactive Conversation" (GP: Fancy word for quiz games?).

The interesting question will be whether Jellyvision can claim that Aflac's use competes with its own. Trademarks are categorized by a "goods and services code", which as the name implies, limits the fields of goods and services that the mark can exercise power over. While Jellyvision's only active trademark for "You Don't Know Jack" dates back to 1995, it is registered under the goods and services code for "computer game programs recorded on CD-ROMS."

Jellyvision used to have three more trademarks for "You Don't Know Jack" falling under goods and services codes for things like "online computer game services",  "providing on-line interactive computer games [...] providing computer games that may be accessed network-wide by network users" and the like, but those marks have all been either cancelled or abandoned. Jellyvision certainly will have an uphill battle on their hands.
 

Dan Rosenthal is a legal analyst for the games industry.


Comments

Re: Jellyvision Suit Seeks to Get Its Ducks in a Row

The portable game of YDKJ was kinda funny. You could "screw" someone (forgive the Double Entendre) and force them to answer the question, though if they got it right, it would be YOU who was "screwed".

Fun times.

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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar
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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar

Re: Jellyvision Suit Seeks to Get Its Ducks in a Row

Wow, someone actually mentioning the goods and services codes!

Maybe that will prevent the usual 'I will trademark "The" and sue everyone!' jokes.....

Re: Jellyvision Suit Seeks to Get Its Ducks in a Row

This reminds me of that Edge games crap.

Re: Jellyvision Suit Seeks to Get Its Ducks in a Row

Something tells me this isn't gonna end well for jellyvision.

http://www.magicinkgaming.com/

Re: Jellyvision Suit Seeks to Get Its Ducks in a Row

You don't know Jack one of the VERY few games my mom plays haha.

 
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Goth_SkunkOriginally, yes. Some content was cut out in order to reduce its ratign from AO down to M, but PC users could work around that an unlock the full content by means of a patch. Which is what I did. :D05/28/2015 - 3:56pm
Andrew EisenKarp - Yes, for strong sexual content. Although the recent remaster contains all that content and was rated M.05/28/2015 - 3:54pm
Andrew EisenDepends on if you consider Hatred misrated. I haven't played the game or seen the ESRB's rating summary so I'm undecided.05/28/2015 - 3:53pm
WonderkarpDidnt Fahrenheit have an AO?05/28/2015 - 3:52pm
Matthew Wilson@AE that is why I said it seems more moral panic to me.05/28/2015 - 3:51pm
Andrew EisenMatthew - From what I've seen (just the trailers) the game is nowhere near as gory as many, many other games. But again, I'm guessing the AO rating comes from theme and tone rather than outright gore.05/28/2015 - 3:50pm
Andrew EisenKarp - It didn't show penetration or nudity.05/28/2015 - 3:50pm
WonderkarpI'd say Mortal Kombat X has more Gore and Violence than Hatred.05/28/2015 - 3:50pm
Matthew Wilsonwhat I mean by worse in this case its not more gory/violent than others.05/28/2015 - 3:48pm
WonderkarpI forget....did Hot Coffee actually show Penetration?05/28/2015 - 3:48pm
Andrew EisenKarp - The Skyrim mods are external mods. The Hot Coffee mod unlocked content on the disc. Big difference. Still, the content that was unlocked was still perfectly in line with an M rating in my opinion.05/28/2015 - 3:47pm
Andrew EisenThemes are factored into ratings, not just mechanics. Still waiting for ESRB's rating summary. Very curious to see what it has to say.05/28/2015 - 3:46pm
Matthew WilsonHatred is a top down shooter though, and isnt any worse than other top down shooters?05/28/2015 - 3:45pm
Wonderkarpyeah, San Andreases rerating was ridiculous. Why not rerate Skyrim with all its crazy sex mods out there? But yeah, ESRB is good as policing itself. 05/28/2015 - 3:45pm
Andrew EisenManhunt 2 and Hatred though? Eh, there's an argument to be made for the higher rating.05/28/2015 - 3:43pm
Andrew EisenRerating San Andreas was a mistake though. That seemed to be the result of kowtowing to public pressure.05/28/2015 - 3:42pm
Andrew EisenThere wasn't one. It's just a dumb rating.05/28/2015 - 3:42pm
WonderkarpI dont see Moral Panic with a racing game though05/28/2015 - 3:40pm
Matthew Wilson@AE when they tend to misrate games its normally because of moral panic surrounding it.05/28/2015 - 3:38pm
E. Zachary KnightReally awesome short film here. Predator: Dark Ages. Very well done. https://www.youtube.com/watch?v=YRD8jAk274I05/28/2015 - 3:36pm
 

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