Trademark Question
by Thomas Natale · in General Discussion · 07/17/2005 (2:54 pm) · 14 replies
Let's say for example that there is an outdated game named LOBE (or something)
The trademark for this game has expired.. but if an indie made a game with the same name or even something like LOBE3D, the company might pursue legal action, right?
What if I were to make the game EBOLD3 (3DLOBE backwards) would that be something bad?
The new 3d version of the game would have the same theme, but with different characters, textures, sounds, etc.. nothing violating IP.
Thoughts on this?
Thanks
The trademark for this game has expired.. but if an indie made a game with the same name or even something like LOBE3D, the company might pursue legal action, right?
What if I were to make the game EBOLD3 (3DLOBE backwards) would that be something bad?
The new 3d version of the game would have the same theme, but with different characters, textures, sounds, etc.. nothing violating IP.
Thoughts on this?
Thanks
#2
07/17/2005 (5:01 pm)
Thanks!
#3
07/29/2005 (8:31 pm)
I have one more question, say the game is called EBOLD3, can I say on my website that it is aimed at LOBE fans?
#4
You may even can get tradmark problems, if your name is simlar to an existing trademark and you product is similar to the product, the original name is refering to.
There is a thread on the IGDA boads about this and a lawyer stated that you are for example not allowed to use the name: "Dooms" as your trademarks, since it similar to an existing product.
-- Markus
09/25/2005 (1:57 pm)
Hmm, not sure about this.You may even can get tradmark problems, if your name is simlar to an existing trademark and you product is similar to the product, the original name is refering to.
There is a thread on the IGDA boads about this and a lawyer stated that you are for example not allowed to use the name: "Dooms" as your trademarks, since it similar to an existing product.
-- Markus
#5
09/25/2005 (4:58 pm)
I think you might be able to say that your game is aimed at lobe fans, for example Killzone, it was named the halo 2 killer, even it was an ok game.
#6
a copyright is what stops you from using a word for a similar product.
(IANAL)
09/25/2005 (6:28 pm)
Fyi, trademarks dont stop you from using a word at all. it's just the design/style etc like a company logo. a copyright is what stops you from using a word for a similar product.
(IANAL)
#7
The author Terry Pratchett has registered several words as trademarks, including "Discworld".
09/28/2005 (8:30 pm)
Quote:A trademark includes any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.Source: United States Patent and Trademark Office FAQ.
The author Terry Pratchett has registered several words as trademarks, including "Discworld".
Quote:Copyright does not protect names, titles, slogans, or short phrases.Source: U.S. Copyright Office FAQ.
#8
copyright protects your "work" such as the actual product you created.
Trademarks can be similar/same, if the product is for something completely different (ex: "Windows" or "Apple")
having a name that is a word-play on an existing product is a grey area, one i would personally avoid if your "competitor" has a lot of cash.
For something like your "EBOLD3" example is probably going to be okay, because you would have to know what your product is before you would know that it's a hack of "LOBE3D"
If you named your product something like "LOW BED" you probably should expect some legal grief. (case in point: lindows.. if they named themselves "swodniw" i doubt they would have had the legal problems)
09/28/2005 (8:55 pm)
Sorry, i had it wrong for copyright.copyright protects your "work" such as the actual product you created.
Trademarks can be similar/same, if the product is for something completely different (ex: "Windows" or "Apple")
having a name that is a word-play on an existing product is a grey area, one i would personally avoid if your "competitor" has a lot of cash.
For something like your "EBOLD3" example is probably going to be okay, because you would have to know what your product is before you would know that it's a hack of "LOBE3D"
If you named your product something like "LOW BED" you probably should expect some legal grief. (case in point: lindows.. if they named themselves "swodniw" i doubt they would have had the legal problems)
#9
The game I am planning on making 3D is long gone. The company has abandoned it, but it still has a strong community base, just waiting to be reaped (in a good way).
So for example the game is called EK, it's in 2d, it's old, it already has several illegal copies, albeit in 2d... the company hasnt done anyhting about them, and some are even for profit. but most of the projects suck or die out.
My game would be called KED3, or KEDE ( reverse the 3, turn it into an 'e') simply to grab the attention of the loyal community. Plus the name sounds cool. Once I get things going I might tell you guys the whole story.
If I trademark the name, and a logo etc. I should be ok right? I'm still going to get a lawyer to see through everything first. I just need some good input, which you have all done. I need more. knowledge is power.
thanks.
10/25/2005 (12:22 am)
Thanks for all of the input guys.The game I am planning on making 3D is long gone. The company has abandoned it, but it still has a strong community base, just waiting to be reaped (in a good way).
So for example the game is called EK, it's in 2d, it's old, it already has several illegal copies, albeit in 2d... the company hasnt done anyhting about them, and some are even for profit. but most of the projects suck or die out.
My game would be called KED3, or KEDE ( reverse the 3, turn it into an 'e') simply to grab the attention of the loyal community. Plus the name sounds cool. Once I get things going I might tell you guys the whole story.
If I trademark the name, and a logo etc. I should be ok right? I'm still going to get a lawyer to see through everything first. I just need some good input, which you have all done. I need more. knowledge is power.
thanks.
#11
If you used the name first and can prove this, then no other company can come along and take the name as their own. This only applies to uses inside your chosen trademark medium. So for instance you couldn't create another software product called windows but, you could create a shop that sells window frames and call it windows.
Made up names are medium impartial, that means that you caouldn't create anything with the name microsoft attached to it regardless of whether it is a hardware or software product. Because the name Microsoft is wholely made up by Gates et al and is therefore wholy owned by him.
10/25/2005 (8:31 am)
Kind of rightIf you used the name first and can prove this, then no other company can come along and take the name as their own. This only applies to uses inside your chosen trademark medium. So for instance you couldn't create another software product called windows but, you could create a shop that sells window frames and call it windows.
Made up names are medium impartial, that means that you caouldn't create anything with the name microsoft attached to it regardless of whether it is a hardware or software product. Because the name Microsoft is wholely made up by Gates et al and is therefore wholy owned by him.
#14
I'd highly recommend that anyone interested in this to talk with a lawyer that knows about trademark and copyright law within your country of residence. There's people from the UK, USA, Bahrain, Germany and Norway (and now Canada) taking part in this discussion all throwing around their ideas.
If you're serious about protecting yourself then you need to be serious about making sure you're protected -- both domestically and internationally.
- LightWave Dave
10/26/2005 (11:48 am)
Greetings!I'd highly recommend that anyone interested in this to talk with a lawyer that knows about trademark and copyright law within your country of residence. There's people from the UK, USA, Bahrain, Germany and Norway (and now Canada) taking part in this discussion all throwing around their ideas.
If you're serious about protecting yourself then you need to be serious about making sure you're protected -- both domestically and internationally.
- LightWave Dave
Farukh Bashir