Is Microsoft planning on a revival of the 90’s fighting franchise Killer Instinct? Perhaps so because the firm applied for a trademark for the name but unfortunately for them, they were denied by the US Patent and Trademark Office because FOX already has registered the name for a crime drama.
Off course if Microsoft was granted rights for the name, then it would have had only caused confusion with FOX’s crime drama. The normal populace would have believed the game to be based on the drama itself.
Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant.
Microsoft would now have to come up with a different name, provided they are interested in bringing back the series.