Candy crush saga came out april 2012, while the banner saga's kickstarter campaign had already begun in march of 2012. People were already throwing money at them and investing in their application. Does that matter at all?
Interesting, I didn't know they had a Kickstarter. It's a novel question, because trademark is established by "use in commerce." Is a Kickstarter page "use in commerce" before a product exists? On one hand, you can't just lay claim to a name saying "we intend to make a product in the future with this name." That's not use in commerce. But a Kickstarter is a lot more concrete than that.
http://en.wikipedia.org/wiki/Candy_Crush_Saga http://en.wikipedia.org/wiki/The_Banner_Saga
Candy crush saga came out april 2012, while the banner saga's kickstarter campaign had already begun in march of 2012. People were already throwing money at them and investing in their application. Does that matter at all?