Jeeze.
You'd think people who make a living off intelectual property would be educated in the legalities of IP.
Mr Molyneaux is correct that the word Albion cannot be copyrighted.
But it's use in specific markets *can* be trademarked as long as it is being commercially exploited in that particular market. For the very reason that he is talking about: consumer confusion.
So, is his use of Albion legal?
First, did Microsoft trademark the *use* of Albion for interactive video games? Unclear but it is likely. Also unclear is whether a country nickname can be trademarked. And trademarks can vary by country. It might be valid in some and not in others. As an example some products sell under different names in different countries because the name is ttademarked in some countries and not otgers.
Second, is the use of Albion in marketing an interactive video game likely to imply a connection? Well, they are asking if his game is a Fable-derived game. And his answer that it shares the same universe was unwise. The likelihood of consumer confusion is staring us right in the op and his reply acknowledgement.
Third, if Microsoft holds a trademark for Albion in video games (see above) are they exercising that mark? They're still selling the old FABLE games and have broadly advertised the remake. So if they trademarked it, the trademark is still valid.
Finally, the nature of trademarks is that they are only valid as long as defended. If it exists, the cease and disease *must* be sent or MS will lose the use of it in Fable.
Bottom line, Molyneaux should know by now if MS did trademark Albion in video games. It is required homework that he needed to do before naming the game publicly. His answer about not knowing if it will stand legal scrutiny suggests he didn't do it.
Either ignorant or lazy.
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