Update: Ubisoft has denied suggestions that Immortals Fenyx Rising's name change came about after legal pressure from Monster Energy. In a statement provided to Eurogamer, the company has said that the change "reflects a creative decision".
"The name change for Immortals Fenyx Rising reflects a creative decision and is not a result of legal matters. As stated in the past, the extra development time allowed us to push our initial vision even further and explore new avenues for the game. As this vision was coming to life and developing a more mature tone, we felt the game needed a new name to better reflect those changes."
Original Article (Tue 15th Sep, 2020 14:30 BST): Ubisoft's Immortals Fenyx Rising has been a particularly interesting game to follow over the past few months, not least because of the suspicious name-change which was officially unveiled earlier this month.
As you may remember, the game was originally called Gods & Monsters. Eventually, Ubisoft started referring to it as 'the game formerly known as Gods and Monsters', before settling on its now-confirmed title, Immortals Fenyx Rising.
In an interview with VGC earlier this month, associate game director Julien Galloudec said that "the change of name was entirely because of the vision of the game". It seems like this might not be the case, however, as a newly-discovered filing shows that Monster Energy – yes, the energy drink company – took legal action against the name.
Opposition documents reveal that Monster Energy believed the Gods & Monsters game title would damage its business – the company highlighted its gaming industry sponsorships and gaming website to back up its point (thanks, TechRaptor / VGC). The opposition was filed in April of this year, just a couple of months before Ubisoft revealed it would be changing the game's title.
The game's set to launch on Nintendo Switch on 3rd December, with its new Immortals Fenyx Rising name very much intact. Here's hoping Monster Energy has never heard of Monster Hunter...
[source tsdr.uspto.gov, via techraptor.net, videogameschronicle.com]
Comments 111
Well, that's rather silly. Like the whole Bethesda thing with Mojang's Scrolls, but even sillier.
How can you confuse the two? Very strange.
Oh yeah, I'm totally gonna get those brands confused...
@Shamrock Not quite!
Yeah Monster Energy IS a Monster.
What about the manga series Monster? Or the song Monster Mash?
Well, now I have even more reason to hate Monster energy drinks.
Okay, but what about Gods & Monster Munch?
We need to get more lawyers involved. Is the "Ubisoft formula" also copied from Monster? Every can of Monster I drink is kind of the same. Gets you thinking!
seems far fetched as no way you could trade mark a word like monster
I guess they think they invented the word monster. Absolute monsters.
Personally I like the new name more anyway. “Immortals” as a franchise, if they go that way (and its Ubisoft were talking about), is cleaner in my opinion.
If I was any company with a "monster" IP, after reading this, I'd be all up for suing Monster Energy.
Monster Hunter, Monsters Inc... You get the idea.
Side note: the word 'monster' doesn't look right now. I'm not even sure I'm spelling it correctly anymore.
They're famous for going after all sorts of people for supposed trademark infringement.
Very understandable and they should do it more often.
Every time I played Monster Hunter I always got confused on how I was not haunting an energy drink and don't let me even start with Pokémon, it always bothered me that in 20 years of games I never caught a can of Monster that would fit in my pocket.
It's clear there are a lot of very confusing games' names around and not at all an energy drink brand using a very common term.
@Anguspuss that's what people thought about the word apple
I haven't bought a monster energy drink since they went after a fish keeping forum that was around before monster energy drink was.
https://reefbuilders.com/2016/03/01/monster-fish-keepers-wins-battle-against-monster-energy-drink/#
The name Pocket Monsters has been around longer than Monster Energy. Why was that allowed then?
Who the hell could have linked Gods & Monsters (videogame) and Monster (disguisting drink)? .......What work for Monster.
@Anguspuss trademarks are meant to operate in specific contexts - so you could have a trademark for Monster as a drinks brand, which would prevent other people selling drinks under that name but not, say, hand tools. Lots of the time you get trademark creep though which in this case is because they have some association with gaming tournaments or something.
There has to be more to this, you can't just copyright generic words.
It is a shame though, the original name was so much better!
I named my cat Monster. Guess I'm gonna get sued soon..
@BlackenedHalo Monster is not disgusting
@Kimyonaakuma not copyright, trademark. Different thing, hence Innocent juices and numerous other examples.
@Entrr_username I've never drunk a Monster drink but always just assumed they'd be revolting given the Red Bull template for these things.
Edit: and the cans are TOO BIG.
Monster Hunter, pfff.
VG database search bar sounds
Monsters, Monster Jam, Monster Lab, Monster Max, Monster Bash, Monster Dash, Monster Tale, Monster Medic, Monster Attack, Monster Bomber, Monster Legacy, Monster Racers, Monster Strike, Monster Business, Monster Monpiece, Monster World 4, Monster x Monster, Monster Loves You!, Monster Truck Wars...............
Monster Energy was introduced in 2002, have they spent 18 years camping in the courthouse?😅 Or are you telling me that Monster Monpiece with all its lolis didn't "damage their business" but this game would?
No. Sorry, but I can't help smelling a quick cash grab attempt here. There's no way this would work, so we're back to the vision thing behind the name change, likely just planned around the time the energy drink folks came knocking. Bet the devs had a good laugh at it, though.
I realize the way trademark law works, you have to sue every potential case of infringement just to show that you're defending your trademark.
But after a certain point it's so ludicrous, the courts should fine silly entries for wasting their time and resources. A game called "Gods & Monsters" represents no infringement upon a softdrink called "Monster", and you can't trademark a common noun to prevent use, and the absurdity of protecting against infringed association between an video game franchise and a softdrink that sponsors some video games. They don't even share any words in common. One is "Monster" one is "Noun & Monster*s*".
That's a blatant waste of a court's time with no basis.
I would ask how on Earth Ubisoft could surrender to such obvious tort without so much as a wimper....but then I remembered they're French....
I mean, no man's sky's name was almost changed because Sky, the satellite television company, tried to copyright it.
I agree with all of it.
I poured a monster energy drink into my Switch and destroyed it.
I then tried to drink my Switch game cart and now I’m in hospital.
How was I to know the difference?!?!??
@syrupdash Or the Monstercat record label. It reminds me of the King controversy about the words "candy" and "saga" which sagas are scandinavian folk tales. Why does a famous brand trademark ordinary words?
I prefer a title change than having monster energy all over a game like death stranding. Immortal Fenyx Rising doesn't seem that bad after all
This is cool and all but where is kid icarus switch? Even a port of uprising would be great
@TimboSlice so YOU'RE why they had to put that horrible tasting stuff on Switch carts.
@NEStalgia Always good to be reminded that bigotry is acceptable when the target is a rich white western nation. Puts me in the mood for limes and sauerkraut.
I heard about the Fruitopia legal case when the greek author Eugenios Trivizas sued Coca cola company why they used his comic book title for a soft drink name.
https://en.wikipedia.org/wiki/Fruitopia
Sounds like monster energy drink just wanted an easy payday and decided to sue Ubisoft. I understand there were settlement negotiations and my guess is Ubisoft just said screw it, and changed the name rather than capitulate and give monster energy drink anything. So, instead of being the stereo typical French response as described above, I think they probably just raised their middle finger to monster, changed the name of the game and said, “you get nothing! Good day, sir!”
This article raised many more questions than answers...
@NEStalgia you CAN trademark a common noun to prevent use but it's supposed to be within certain contexts - ie; just for drinks, or selling music or whatever. The old test used to be whether "an idiot in a hurry" might mistake one product for another based on their similarity. No idea what the rules are now, they seem a bit mad.
I'd bet a whole £1 that this wasn't the actual reason of the name change. I expect that the Monster legal team, when they're not desperately trying to deal with their own guilt for working on a ridiculous caffeine drink, send the same letter to every single company that wants to use the word... but any decent court would throw that rubbish sort of case out, given the word predates the drink by a few thousand years and it's used in such a ubiquitous manner.
Rather, someone on the creative team just though that Gods & Monsters sounded like too generic a game title... which it does.
I'm confused. In the image, which one is the game?
I seriously doubt Monster Energy would have ever won that particular court battle, seems to me that Ubisoft either couldn't be bothered contesting or genuinely wanted to change the name anyway
@shazbot if the author of the article read Private Eye I'm sure they'd have flipped the caption.
@oatmaster it actually pairs well with a nice Chardonnay from France that I came accross. That and some Brie cheese.
😋
Joe Lycett changed his name to Hugo Boss in protest of companies thinking they own words
Just a thought
Monster Energy acting like they invented the word monster. Corporate power & the legal system need a serious reality check.
That's pretty stupid, but it's not a huge deal. I'm actually happy the game looks at least mildly entertaining.
Try to imagine that now Final Fantasy would have rename all the games because of Fanta
The reason for the name change seems ludicrous... but not as ludicrous as the new name Ubisoft settled on.
Seems unlikely that the actually would have won the case, but all they need to do is complain. No need for any actual justice.
@TimboSlice You too?!
I think I'm going to get a Gods and Monsters Energy Drink. Anyone want one?
Gods & Monsters is both the name of a movie with Ian McKellen and a song by Lana del Rey.
I have to admit a caffeinated energy drink was not the first association I made.
I received brain damage just from reading this.
@rushiosan
Yes, though it's so deliberately obvious it turns into a meta-fictional gag. Like most of the other product placement in the game.
I think Monster Energy Supercross is doing a good job tarnishing their name in gaming as it is.
Or maybe "Gods and Monsters" was just too generic of a name for a Ubisoft product.
Just remembered a recent episode of No Such Thing as a Fish where they talked about how baddies in films and tv shows never (visibly) use Apple phones for trademark reasons.
U shud starrt whatchyng whut u tipe een kase somwon decydes tu sew u!
I prefer the new title honestly, Gods and Monsters sounds generic af.
@doctorhino After a somewhat rocky start, I think the Monster Energy Motocross games have actually gotten pretty decent.
@BlackenedHalo In fact if i think only of monster, it's from a game or movie. Never a drink ever.
@oatmaster maybe idiots in a hurry are supposed to be more idiotic these days? Or in a greater hurry
How can it damage their business? They are so unrelated I would seriously need it explaining. Judge must have shares in Monster...or hate Ubisoft...or be bloody stupid.
The word "Monster" is used for so many different products, songs, book titles, movies, etc. that this filing seems pointless and borderline silly.
I wonder if sporting sectors will go after Fortnite next.
I’m glad this happened because I think the name God’s and Monsters is super generic and not creative at all.
Even if Monster Energy does go through with the lawsuit they'll still lose, I believe UbiSoft made the change for the game cause the new title name sound better than the old lazy one anyways.
"That game called Gods and Monsters is rubbish. I am never drinking Monster Energy drink again". Was a statement no one was ever going to make. The statement now being made by people is "Monster Energy drink are responsible for the terrible name change. I am never drinking Monster Energy drink again."
Does anyone even like monster? I think its disgusting as hell.
@TheFox There are too many of them. We don't need yearly supercross games, just make it a lot better and make a new one.
Gods & Monsters sounds like a temporary title. I like the new title better. It describes the protagonist and what you will be doing in the game.
@komodo182 Every morning, I get up and wonder, "What unbelievable thing is going on today?" That article pretty much shows how far down we've gone...glad that dude won.
That's pathetic. Shame on Monster Energy for that. There is a massive difference between video games and an unhealthy drinks company.
Well, Gods & Monsters was a movie title from the late 1990's, so glad Ubisoft got off their lazy asses and spent a little energy coming up with a new title.
Although "Fenyx" sounds like one of those idiotic car names that is a mispelling or combo of something else...looking forward to the sequel "Prius : Nova of the Mind's Opel Eye" kappa
@Lone_Beagle I'm a member of that fish keeping forum and when it first happened, I was like who would get fish keeping mixed up with an energy drink. Never drink anything related to fish keeping haha.
@swiftii pipeline punch is delicious. Just the dang cans are too big. Whenever I do get one, it takes me two days to drink it.
@BakaKnight I did a search to see if anyone made that connection yet, you have beaten me to the punch. You are so right, I know Monster energy came out in 2002, but once it did, every pokemon game after that I was lost, wondering when will I catch the energy drink. And why don't my real world cans of monster contain Pikachu on the list of ingredients.
I was so confused! I dint know If I should drink the video game, or to insert a can of energy drink into my console!
Thank god (and monsters?) they changed the name!
They are getting away with it because of their stupid Monster Motocross Dirtbikes game (i don't even remember the title) and it even (somehow) got a sequel. Hopefully this energy drink company doesn't start making this into a trend by preventing future indie developers from being able to use the word "Monster" on their titles.
This is like that guy who trademarked the word "Edge" back in the 90's. It's the reason Soul Edge was called Soul Blade in the US, and why they misspelled "Calibur" in the sequels. Then he tried to sue EA over Mirror's Edge and they ate him for lunch.
Every once in a while EA does a good thing.
Looking forward to the cease and desist letter the next time I wake up with a monster boner.
Everyone remember back when Monster cable lawsuit where the CEO finally talked the other user of the name Monster and found out it had nothing to do with their Monster cable business. And he told her he paid the bills and say that neither had any relations to the other and this was all LAWYERS miscommunications of what it was about.
So the name Monster shouldn't be on any company Patents since that name was already in old historic books with the world "monster". This is pathetic Monster Drinks has nothing to do with Gods and Monsters neither could further from each other business model. I hope news of this pathetic Monster drinks gets out and they get banned by drinkers and learn a new hard lesson.
Here's wikipedia on monster.... they already had it in use long time ago so historical books should be able to sue Monster Drinks for patent infringement since they had the name use long long before them. Monster Drinks have sunk to a new low.....
https://en.wikipedia.org/wiki/Monster
Remember Frankenstein's monster maybe the movie and writers should sue Monster drinks for violating their name since they existed before Monster Drinks.....
Frankenstein's Energy Drink from now on.
Not sure if that's true, but if it is, it's ridiculous. No one owns such a common word as monsters.
Interesting link, would love to see actual depositions where they (they being Monster Energy Drink, Inc.) explain as a legal document how the presence of the letter "s" is a potential copyright infringement despite the preceding word "Gods" along with the article "&".
Theres a 2012 KISS album called “Monster.” With an interesting font for the album title. Guess they weren’t brave enough to sue Gene Simmons. For some strange reason, I still get thirsty when I play Monster Hunter though.
Pretty sure the word monster isn't the sort of thing you could trademark unless you intend to sell energy drinks. It's like Red Bull trademarking the words red and bull.
Ubisoft and Monster Energy are welcome to each other. What a pack of jerks all round.
Gods and Monsters was probably a bit to close to the internal ***** going on at Ubisoft.
There’s literally a song called “Gods and monsters” as well as a book/movie. If anyone had a case it would be them . Maybe the makers of “Monster Mash” should sue the drink company.
Super lame that giant corporations can own such a common word.
Ridiculous...
I would actually consider boycotting Monster drinks if it wasn't for the fact that I have never had one and never planned to try them anyway.
Clearly, there would've been confusion over Gods & Monsters and Monster Energy Supercross. Two very similar games such as these would undoubtedly be mixed up by such deceptively identical titles and looks.
Anyone remember when Candy Crush Saga went after Banner Saga?
Friggin' idiots.
If this is the case, I'm going to make a game called "The", and then I can sue the hell out of just about everyone! 😆
@Ooyah There's already a band called The The, so be careful there!
@JasmineDragon
Oh no! Damn. Okay... listen up... I will make a game called... "A". Bwa ha ha! My genius plan lives on! 😆
Weird, the first association in my head was Justice League: Gods and Monsters, not some energy drinks.
I highly doubt Monster energy drinks would have a legal case, and therefore doubt Ubisoft considered their stance.
Name change is fine. What they changed it to is pretty stupid, though.
If they just honestly says they want to avoid legal battle with monster energy then maybe insta buy for me, rather than this sorry excuse PR speak statement.
"Gods & Monsters" simply wasn't an original name. It's been used by several books and a film. I imagine that was much more of an issue than Monster Energy.
the update is *****
"... more mature..."
Yeah, "Immortals Fenyx Rising" is much more mature sounding than "Gods and Monsters". ??? 🤦🏻♂️
I thought trademark conflicts like that had to be in the same industry/field to count? I assume Ubi wasn't going to release the game in energy drink or bumper sticker forms.
Lame. I liked the original name better. But now that we've seen more of the game I've lost interest. I was expecting something more along the lines of BOTW which was what everyone compared it to based on the teaser. I hope people like it but it's not for me.
Should have gone with #GirlPit
Even if this legal action still active, Capcom had recently announced 2 Monster Hunter games for Switch so UbiSoft will have backup to go against Monster Energy in regards to the monster trademark.
@Mion18 I wouldn't let this come in the way of your purchasing decision. If they really did change the name due to legal pressure from Monster Energy, it's also quite likely that the settlement they reached with them to drop the case included not being able to publicly disclose the reason. Blame the lawyers and the legal system for allowing silly things like this to happen, not Ubisoft.
@oatmaster spoiler alert, they are vile.
If only Monster Energy could go back in time and sue the band R.E.M. to block the release of their album Monster. If anything ever put a negative connotation on the word, that was it.
I’m pretty sure monster is a common enough word used in multiple titles that the energy drink company can’t sue...
I mean, there are loads of things with the word monster In the title!
@NEStalgia GirlPit for smash
Very stupid. These rancid, unhealthy “energy drinks” were already encouraging bad gaming behaviors and now stifling the very industry they infected over a sound we can make with our mouths. This is somehow both literally and figuratively cancerous.
Show Comments
Leave A Comment
Hold on there, you need to login to post a comment...