Flappy Bird makes a surprising comeback after its creator let the trademark lapse, and the vultures took over.

Flappy Bird was a colourful, crude auto-run game that became a viral mobile hit a decade ago. It was so popular, in fact that its creator, Vietnamese programmer Dong Nguyen made the unprecedented choice to remove the game entirely from sale at the height of its popularity. NGuyen later justified his decision by saying: "I'm proud to call Flappy Bird my success. But it also ruins the simple life I lead. "I hate it now."

Nguyen has not been seen in the announcement of Flappy Bird's return. The Flappy Bird Foundation is behind the October relaunch. According to the press release, they are "a new group of passionate fans who are committed to sharing the game around the world." They have "spearheaded" the acquisition of the trademark.

The foundation bought the trademark from Gametech Holdings LLC in the US. There's a hint of sleight-of-hand here. Dong Nguyen first applied for the trademark along with a small drawing of the logo in 2014. This application then appeared to be in limbo, for many years. Eventually, a Delaware-based firm called Gametech opposed it.

In the meantime, the US Patent office granted a trademark for Flappy Bird to another Delaware-based company called Mobile Media Matters in 2018 (four year after the game had been removed from sale). While I cannot be certain of the link between Mobile Media Matters, and Gametech's legal filings, both companies have the same Delaware address.

A legal dispute arose between Gametech, and Dong Nguyen. However, Nguyen didn't appear to be interested in representing himself or defending the trademark. This led to its classification as abandoned, a decade after it was filed, and acquisition by Gametech.

So... Not really sure what to think about that. Nguyen has withdrawn completely from the internet (his last tweets are seven years old) and clearly wanted Flappy bird out of his life. It is debatable whether it's cool for others to simply take the game and relaunch as the "original", but the US Patent and Trademark Office has accepted the case in the absence of any defense from Nguyen.

The Flappy Bird Foundation has a ready-made comeback. The Flappy Bird Foundation has also acquired the rights to Piou Piou Vs. Cactus - a mobile game that was the inspiration for Flappy Bird. It employs the creator of the game, who goes by Kek.

Kek says, "Today marks a milestone in gaming and for me personally." It's amazing to see the impact Piou Piou had on developers and millions of gamers. It's amazing to work with such a dedicated group of fans and creators, who are truly passionate to change the industry narrative and bring the original Flappy Bird to life.

I'm not really sure what "changing industry narrative" means. Kek claimed to have contacted Nguyen in 2014 about the similarity. "He told me that he didn't think he was aware of my game when he created Flappy Bird." The games are very close. Even if I didn't invent the gameplay, the graphics and concept are very similar.

There are similarities between the games, but they also have differences. The most notable is that Flappy Bird, three years after Piou Piou, was a huge success with a similar concept.

Dong Nguyen is not mentioned in the press release or announcement of the Flappy Bird Foundation. Kek, perhaps, is changing the narrative by claiming that Flappy Bird is about "our nostalgic and classic gameplay" and "preserving the Flappy Bird intellectual property."

You're right where I am if this all sounds like an unsavory cash grab, but with a veneer of respectability given by roping in a character who was admittedly important to the Flappy Bird tale. Flappy Bird became a cultural phenomenon because of its cartoonish style and its amusingly brutal endings. The game was funny, but that was all it was. What made it a great tale was Nguyen refusing to act the part when thrust into the spotlight.

I asked the Flappy Bird Foundation for information about the legal process and the links between Gametech, Mobile Media Matters and how long they have been trying to get this trademark back from the creator of the game. I've also contacted Dong Nguyen’s solicitor. I'll keep you updated if either responds.

I doubt Nguyen cares that his creation is being exploited to its maximum by a group that insists they want to "give back to the global community of fans." In practice, this will likely mean a lot of microtransactions along with "new game modes and characters, progress, and massive multiplayer challenges." Flappy Bird has returned, I suppose. There's a tiny part of me that wants it to smash into a pipe.