Trademark and game titles - important
by D Player · in General Discussion · 09/15/2002 (1:59 pm) · 7 replies
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#2
1) Dont make a derivative game with a title that could even be close to being confused with another original title already in the marketplace.
2) People WILL protect thier titles because if they dont then the law effectively says its fair game (you didnt defend against one incumbant, so why another).
Worms has been copied massively in many different forms, we generally arent too harsh unless they use source material, or attempt to gain profit from thier titles (i.e. anyh of the thousands of clones who directly ripped off our sprites for instance).
I'm not a lawyer, but I'd bet that none of us could affort a case to go to court anyway.
Phil.
09/15/2002 (3:06 pm)
Youre best bet, is simply not to get into the situation in the first place.1) Dont make a derivative game with a title that could even be close to being confused with another original title already in the marketplace.
2) People WILL protect thier titles because if they dont then the law effectively says its fair game (you didnt defend against one incumbant, so why another).
Worms has been copied massively in many different forms, we generally arent too harsh unless they use source material, or attempt to gain profit from thier titles (i.e. anyh of the thousands of clones who directly ripped off our sprites for instance).
I'm not a lawyer, but I'd bet that none of us could affort a case to go to court anyway.
Phil.
#3
The Natural Selection team could trademark the name Natural Selection, as it is their product. This trademarking protects them against others trying to put out a product in a similar trade (video games) called that. They were the first to do it, and control the name. They cannot, however, sue a person trying to write a book called Natural Selection (as I'm sure there are already ones), nor can they sue someone calling a movie that. If someone were to base a movie off of the game, or have similar elements (all depends on how deep your pockets/how cruel your lawyers are), they may be able to sue.
If you're still willing to believe that game titles cannot be trademarked, I challenge you to write a game, any game, and name it the same title as something already out there. Mario Bros, Quake, Half-Life, Doom, take your pick. I hope you have an extra pair of pants nearby when the lawyers come a-callin.
EDIT: Oh, I should also add this little undenyable evidence. Pick a game box, any game box...any game at all. I'm sure you've purchased at least one computer game. Now look at the name title. Look very close...see that little "TM" mark next to it? That means "Trademark".
09/15/2002 (3:58 pm)
Without having to quote the first entire article...Quote:Thus boxer Ray Mancini could not trademark his nickname "Boom Boom" because it referred to him, not to his product or service. But Disney could trademark its image of Mickey Mouse because Mickey Mouse was indeed its product, just as the shape of a Coca-Cola bottle signifies Coca-Cola's product and so is protectable by trademark.
The Natural Selection team could trademark the name Natural Selection, as it is their product. This trademarking protects them against others trying to put out a product in a similar trade (video games) called that. They were the first to do it, and control the name. They cannot, however, sue a person trying to write a book called Natural Selection (as I'm sure there are already ones), nor can they sue someone calling a movie that. If someone were to base a movie off of the game, or have similar elements (all depends on how deep your pockets/how cruel your lawyers are), they may be able to sue.
If you're still willing to believe that game titles cannot be trademarked, I challenge you to write a game, any game, and name it the same title as something already out there. Mario Bros, Quake, Half-Life, Doom, take your pick. I hope you have an extra pair of pants nearby when the lawyers come a-callin.
EDIT: Oh, I should also add this little undenyable evidence. Pick a game box, any game box...any game at all. I'm sure you've purchased at least one computer game. Now look at the name title. Look very close...see that little "TM" mark next to it? That means "Trademark".
#4
You then look up a question concerning COPYRIGHT for you're answer.
You cannot copyright a title, but you can register it as a trademark.
Perhaps this is just badly worded, and you have it set right in your head...but I assure you you're wording is confused.
09/15/2002 (4:08 pm)
David. I assure you falcon is correct; you are confusing trademarks and copyright...Quote:It has been my understanding that names for movies, books, and games can't be trademarked
You then look up a question concerning COPYRIGHT for you're answer.
Quote:
One cannot copyright a title......
You cannot copyright a title, but you can register it as a trademark.
Perhaps this is just badly worded, and you have it set right in your head...but I assure you you're wording is confused.
#5
Anyway, what was said later in the quote was irrelivent, I was merely making the point, you were reffering to a question concerning copyright for answers to your questions concerning trademarks.
I apologise if it appeared as if I was attempting to "twist" your words, it wasn't indended.
09/16/2002 (7:10 pm)
David, I wasn't attempting to take it out of context, I actually quoted the wrong thing, I meant to quote the question, not the answer.Anyway, what was said later in the quote was irrelivent, I was merely making the point, you were reffering to a question concerning copyright for answers to your questions concerning trademarks.
I apologise if it appeared as if I was attempting to "twist" your words, it wasn't indended.
#6
All I want to do is protect my art from being stolen and used to make money, or stolen and then someone else takes credit for my work.
So what do i put on my images?
god i hope i dont have to put a terms of use policy on every image.
11/08/2002 (10:18 pm)
Ok...a question,All I want to do is protect my art from being stolen and used to make money, or stolen and then someone else takes credit for my work.
So what do i put on my images?
god i hope i dont have to put a terms of use policy on every image.
#7
Trademarks in most cases are not just the words they have to include some specific and unique indentifying MARK. Thus the mark in Trademark. Some kind of recognizable image has to be submitted to be registered. I have done this before, it is a pain in the ass and expensive.
There are many many cases of games, movies and books with the exact same name, especially extremely COMMON names. But the trademarks are different because the typefaces, and positioning of the letters make for distinguishing MARKS.
The fact that Microsoft is fighting a trademark contest over the validity of WINDOWS as a valid trademark is a case in point. "Microsoft Windows" is trademarkable.
Also proof of loss or unfair competition is a major requirment in a trademark infringment lawsuit.
Sun would have better luck releasing something called "Sun Windows" than Microsoft would have releasing something called "Microsoft Solaris" because "solaris" is not as common a word as "Windows".
That is why you have all these strange names, because anyone with a legal department worth anything would discourage or prevent marketing from using common words.
Just as Intel started using Pentium instead of 80586 because the numerical name was not protected by trademark and the word Pentium did not mean anything until Intel gave it meaning making it an excellant choice for a iron clad trademarkable name.
I could easily make a movie called "Half-Life" as long as it had absolutely nothing to do with the game that Sierra published, they could not do anything about it legally, and probably wouldn't. Now if the story and characters were the least bit similar they would have every right to sue the crap out of you.
Half-Life had meaning outside the realm of the game, the game only gave it "secondary" meaning. Creating another game, especially a first person shooter game called Half-Life would be fool hardy. But Sierra/Valve does not have exclusive rights to monopolize the word Half-Life.
11/09/2002 (12:49 am)
none of this is as cut and dry as you guys are trying to make it.Trademarks in most cases are not just the words they have to include some specific and unique indentifying MARK. Thus the mark in Trademark. Some kind of recognizable image has to be submitted to be registered. I have done this before, it is a pain in the ass and expensive.
There are many many cases of games, movies and books with the exact same name, especially extremely COMMON names. But the trademarks are different because the typefaces, and positioning of the letters make for distinguishing MARKS.
The fact that Microsoft is fighting a trademark contest over the validity of WINDOWS as a valid trademark is a case in point. "Microsoft Windows" is trademarkable.
Also proof of loss or unfair competition is a major requirment in a trademark infringment lawsuit.
Sun would have better luck releasing something called "Sun Windows" than Microsoft would have releasing something called "Microsoft Solaris" because "solaris" is not as common a word as "Windows".
That is why you have all these strange names, because anyone with a legal department worth anything would discourage or prevent marketing from using common words.
Just as Intel started using Pentium instead of 80586 because the numerical name was not protected by trademark and the word Pentium did not mean anything until Intel gave it meaning making it an excellant choice for a iron clad trademarkable name.
I could easily make a movie called "Half-Life" as long as it had absolutely nothing to do with the game that Sierra published, they could not do anything about it legally, and probably wouldn't. Now if the story and characters were the least bit similar they would have every right to sue the crap out of you.
Quote:Thus Time magazine cannot monopolize the word "time" but can protect its trademark which has acquired secondary meaning as the name of a magazine.
Half-Life had meaning outside the realm of the game, the game only gave it "secondary" meaning. Creating another game, especially a first person shooter game called Half-Life would be fool hardy. But Sierra/Valve does not have exclusive rights to monopolize the word Half-Life.
Torque Owner Tom Vogt
IANAL, but AFAIK:
a) you can not copyright a title. it simply doesn't meet the minimum requirements for a copyrightable creative work
b) you can trademark a title. you can trademark logos, too.
trademarks are always trade specific. if there is a movie named ABC, I can make a game named ABC - if that game has nothing in common with the movie, because if it has, it's a derivative work and that's copyright territory again.
that's the theory. in real life, someone with deep pockets can make your life pretty miserable just for fun. also, it is likely that by the time the movie comes up, the computer game rights have already been sold and a trademark has been registered.