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The game
of the name
A small, independent
Danish game publisher, Dema Games, is being
sued over trademark legalities by the
notorious Catholic organisation, Opus Dei,
well known by its mention in the Dan Brown
novel (and subsequent movie) The Da Vinci
Code. Dema Games’s managing director
Mark
Rees-Andersen reports.
“Opus-Dei: Existence
After Religion” is a strategy-based game
(with no affiliation with the Catholic
organisation Opus Dei) built around the
world of philosophy. The philosophical
foundation is, however, only the beginning:
the next steps include expansion sets that
explore historical events, politicians,
artists, musicians, writers and
revolutionaries of all kind.
Opus Dei (formally known
as the Prelature of the Holy Cross and Opus
Dei) is demanding that Dema Games cease all
activity regarding this flagship card game.
If it doesn’t, the secretive Catholic
organisation (one of whose members is the
British Labour MP Ruth Kelly) will use all
legal means possible to force Dema into the
ground.
This seems incredible to
most people, until it is revealed what the
matter really is about: the game Opus Dei
wants to obliterate is an atheist-themed
one. Dema reckons Opus Dei is waging war
against the popularisation of the rational,
atheist worldview.
After reading The Da
Vinci Code, we thought the organisation
was fictional: it made no logical sense that
such an organisation [as depicted in the
novel] could exist in real life. This may
seem naïve, but Opus Dei the organisation
has no actual representation or activity in
Denmark that they would have been aware of.
Being students of
philosophy, we were intrigued by the Latin
concept of opus dei (meaning “work of
God”) and decided to name our game
“Opus-Dei: Existence after Religion”.
In our news release, we
stated:
The name thereby
debates whether an existence without
religion in fact would truly be the work
of a benevolent God, since religion (in
the wide spectrum of things) has been
the most regressive force in history.
The Dark Ages weren’t
just dark because of the plague!
Dema Games obtained the
legal rights for the name of the game on 15
January this year, via the appropriate
official Danish authorities, which adhere to
general EU law. According to Dema’s lawyer,
the registration was most probably regarded
as legitimate by the authorities because:
-
Opus Dei has
no activity or representation in
Denmark, where the trademark was
registered;
-
the trademark
class or business activity it was
registered under is uniquely different
from those held by the Catholic
organisation abroad;
-
there is a
requirement to have used any trademark
actively within a class or country
within a period of five years to uphold
one’s rights; and
-
the full
trademark held by Dema Games cannot be
confused with the Opus Dei the
organisation, since it conveys meaning
opposite to the organisation’s very
purpose.
So, it is a matter of the
Prelatura Del Opus Dei challenging Dema
Games’s rights to its legally registered
trademark, and it is doing so very
aggressively, despite its weak case. The
company believes it is likely that the
organisation has ulterior, ideological
motives.
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