Posted in: Games, Video Games | Tagged: CD Projekt Red, cyberpunk, cyberpunk 2077, the witcher

Why Trademarking The Term "Cyberpunk" Was A Waste Of Time

We're going to keep this news short because it's more commentary from a writing perspective. Earlier this week it was pointed out that the term "cyberpunk," which has been around for over three decades when it was coined by writer Bruce Bethke in the November 1983 issue of Amazing Science Fiction Stories, was trademarked by CD Projekt RED. The developer behind The Witcher series as well as the upcoming title Cyberpunk 2077. It kind of came out of left field when the company filed for the trademark in Europe last year and drew criticism across the web from writers who were afraid they'd now be sued for using the term. To which the company replied with a short press release and a tweet assuring they were just protecting their interests.

Here's the thing: People don't copyright and trademark stuff just to be safe, they do it to sue people down the road and make sure they corner the market. Doesn't take a genius to figure out when someone wants more than a piece of cake, they want to own the whole cake-making factory. But here's the reason why this was a waste. Unless you are the inventor of a specific term, there's a history of people failing to copyright terminology. The most recent example is when Donald Trump tried to trademark the term "You're Fired" and was quickly denied by the U.S. government. At some point in time down the road, someone is going to create a fictional book or a play or a video game and they're going to call it something along the lines of "a cyberpunk adventure" to sell copies. If it doesn't do anything in sales, nothing will happen. But if it becomes successful, it's not too unlikely that CD Projekt RED will be at their doorstep asking for royalties. At which point, a lawsuit will eventually come to light and any smart attorney will be able to point out the source of the word and how it's been used over time to describe the works of people like Philip K. Dick and William Gibson, and that trademark will be struck down.

To the minds being CD Projekt RED, you just wasted a bunch of money on a common literary term and are most likely destined to waste even more in attorney fees when a federal or supreme court judge calls your bluff and shoots it down. While we can't say for certain that there aren't jerks looking to steal your property, it's going to be a safe bet that you'll be in the right when someone comes along and tries to make Cyberpunk 2078. Because as a writer, if I write a successful novel that was called "cyberpunk" or had the word in the title, and you came with paperwork to shut me down and demand a percentage… I'd fight you over it and milk every bit of Overlords vs. Little Guy publicity I could until I eventually got the win plus attorneys fees.

Just make games, protect your specific by-name interests, and move on.

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