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.
“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.”
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 without copyright, how will artists profit from and protect their works‽