1. By this Opposition, Blizzard seeks to prevent registration by its competitor Valve Corporation ("Valve") of a trademark, DOTA, that for more than seven years has been used exclusively by Blizzard and its fan community, under license from Blizzard. By virtue of that use, the DOTA mark has become firmly associated in the mind of consumers with Blizzard, including to signify a highly popular scenario or variant of one of Blizzard's best-selling computer games, Warcraft III. Over the past seven years, the mark DOTA has been used exclusively in connection with Blizzard and its products, namely Warcraft III. Most notably, DOTA has been used as the popular name of a Warcraft III software "mod" file that has been distributed, marketed, and promoted by Blizzard and its fans (under license from Blizzard)
2. In contrast to Blizzard, Applicant Valve Corporation ("Valve") has never used the mark DOTA in connection with any product or service that currently is available to the public. By attempting to register the mark DOTA, Valve seeks to appropriate the more than seven years of goodwill that Blizzard has developed in the mark DOTA and in its Warcraft III computer game and take for itself a name that has come to signify the product of years of time and energy expended by Blizzard and by fans of Warcraft III. Valve has no right to the registration it seeks. If such registration is issued, it not only will damage Blizzard, but also the legions of Blizzard fans that have worked for years with Blizzard and its products, including by causing consumers to falsely believe that Valve's products are affiliated, sponsored or endorsed by Blizzard and are related or connected to Warcraft III. Blizzard and Warcraft III
3. Blizzard is one of the world's most respected and popular makers of entertainment software. Blizzard is engaged in the business of developing, financing, producing, marketing and distributing high-quality computer software games and related products, including the Warcraft®, World of Warcraft®, StarCraft® and Diablo® gaming franchises. Blizzard and its brands are known throughout the United States and the world as a source of high-quality, challenging and immersive video games and related products.
4. Since 1994, Blizzard has, in conjunction with its licensed partners, created and developed the Warcraft® franchise of computer games, novels and other media. The Warcraft® franchise includes three real-time strategy computer games (each of which has sold millions of copies), several add-on expansions to these games, the world's best selling online role-playing game "World of Warcraft," tabletop board games, collectible card games, novels, comics, action figures, posters, and other media. Blizzard is the owner of numerous registered trademarks in the mark Warcraft® and owns copyrights in each of the Warcraft® games, including "Warcraft," "Warcraft II: Tides of Darkness," "Warcraft II: Beyond the Dark Portal," "Warcraft III: Reign of Chaos," and "Warcraft III: The Frozen Throne" (collectively, the "Warcraft Games"). The Warcraft Games are widely considered among the most popular in their genres.
5. The Warcraft Games are known for their deep and detailed mythology, which is present in each of the games. All of the Warcraft Games take place in the mythical world of Azeroth, which is populated by an enormous variety of distinctive mythical creatures, including a race of sentient, god-like trees known as the "Ancients." The "Ancients" are prominent and recurring characters in the Warcraft Games and the Warcraft "universe" as a whole.
6. "Warcraft III: Reign of Chaos" was released by Blizzard in 2002. The following year, Blizzard released an expansion to "Reign of Chaos" entitled "Warcraft III: The Frozen Throne" (collectively, "Warcraft III: Reign of Chaos" and "Warcraft III: The Frozen Throne" are referred to as "Warcraft III"). The release of Blizzard's Warcraft III was one of the most anticipated and commercially successful computer game releases of all time. Tens of millions of copies of Warcraft III have been sold around the world. Warcraft III has enjoyed long-lasting success due to its robust and cutting-edge online multiplayer component (which may be accessed and enjoyed through Blizzard's well-known Battle.net online multiplayer network), its detailed and richly populated world, and its multitude of custom maps (created both by Blizzard and its community).
Blizzard And The Warcraft World Editor
7. Blizzard provides to every purchaser of Warcraft III a powerful and fullfeatured software program known as the "World Editor." The World Editor enables members of the public to use Warcraft III's underlying software and graphical art assets, including the character art, sounds and terrain models of the underlying game to create custom items, maps, characters, environments and campaigns (also known as a "modification" or "mod"). A user also can use the World Editor to create custom artificial intelligence scripts for computer-controlled units, change the placement of the camera, and modify the strength or abilities of individual units. Once a Warcraft III mod is complete, the World Editor permits users to save the mod as a small computer file that can be shared with other players to allow them to play the mod using their own Warcraft III software. Mod files made with the World Editor cannot be played without first installing and loading a copy of Blizzard's Warcraft III game software.
8. Use of the World Editor (and Warcraft III) is subject to the terms of an End User License Agreement ("EULA") between Blizzard and users of Warcraft III. The EULA sets forth the relative rights and responsibilities of the parties regarding their use of Warcraft III and the World Editor. The EULA is displayed to users during the installation of Warcraft III and the World Editor. All users of Warcraft III and the World Editor must consent to the EULA by clicking on a button labeled "Accept." If the user declines to assent, he or she may click a button labeled "Decline," at which point the installation will terminate, denying access to the user. If a user declines to accept the EULA, he or she may request and obtain a full refund from Blizzard of the purchase
price.
