Enlarge / Imagine owning one of those funky birds as an NFT!
Fans of ultra-viral mobile gaming hit Flappy Bird who were stunned by the game's sudden removal from the iOS App Store 10 years ago were probably even more stunned by last week's equally sudden announcement that Flappy Bird is coming back with a raft of new characters and game modes. Unfortunately, the new version of Flappy Bird seems to be the result of a yearslong set of legal maneuvers by a crypto-adjacent game developer intent on taking the "Flappy Bird" name from the game's original creator, Dong Nguyen.
"No, I have no related with their game. I did not sell anything," Nguyen wrote on social media over the weekend in his first post since 2017. "I also don't support crypto," Nguyen added.
No, I have no related with their game. I did not sell anything.
I also don't support crypto.— Dong Nguyen (@dongatory) September 15, 2024
"Flappy Bird was designed to play in a few minutes when you are relaxed," Nguyen said in a 2014 interview after removing the game from mobile app stores. "But it happened to become an addictive product. I think it has become a problem. To solve that problem, it’s best to take down Flappy Bird. It's gone forever."
“A decade-long, convoluted journey to get here”
So how can another company release a game named Flappy Bird without Nguyen's approval or sale of the rights? Court filings show that a company called Gametech Holdings filed a "notice of opposition" against Nguyen with the US Patent and Trademark Office (USPTO) in late 2023, seeking to invalidate his claim on the "Flappy Bird" name. When Nguyen, who lives in Vietnam, didn't respond to that notice by November, the US Patent and Trademark Office entered a default judgment against him and officially canceled his trademark in January, allowing Gametech to legally claim the name.
But Gametech's efforts to legally acquire the Flappy Bird name seem to go back much further than that. Back in 2014, an outfit called Mobile Media Partners tried to claim the Flappy Bird trademark in a filing made mere days after Nguyen pulled the game from the App Store. Coincidentally enough, the specific New Jersey address listed by Mobile Media Partners on that 2014 application matches an address used by Gametech Holdings in the paperwork for its 2023 legal efforts.
Mobile Media Partners' 2014 application makes reference to a (now-defunct) FlappyBirdReturns.com and asserts that the company had "reserved/acquired the name from Apple in their Apps Store [sic]." It also claims that "Flappy Bird" is "not being used by any other companies and/or people," taking quick advantage of Nguyen's decision to take the game down.
Enlarge / A section from the USPTO's 2018 trademark certificate granting "Flappy Bird" to "Mobile Media Partners."
With this "evidence," the USPTO actually granted Mobile Media Partners a Flappy Bird trademark in 2018, a fact that Gametech cited in its successful 2023 opposition to Nguyen's use of the mark.
In a press release, a spokesperson for the newly formed Flappy Bird Foundation—which acquired the trademark from Gametech—summed this all up as "a decade-long, convoluted journey to get here." The new company said it also acquired the legal rights to Piou Piou vs. Cactus, a little-known 2011 web game that seems to have heavily inspired Flappy Bird.
The newly launched FlappyBird.org website proudly refers to "the decade-long mission" to revive the game, which "involved acquiring legal rights." The post also mentions "working with my predecessor to uncage me and re-hatch..." in phrasing that seems to imply a link to the original Flappy Bird but which could also reference the Piou Piou vs. Cactus acquisition.