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Hey, I was Just wondering if it's illegal to sell an Game under the Name "Iced 3". I made it way better and I am not using any of the orginal media. But is the name "Iced" subject to copyright>

I'm pretty sure the developers wouldn't mind, Lee and the res are a nice bunch generally. It would probably be best to ask their permission first. Did you use any of the original code?

The question is, is it illegal to use the name of a succesful freeware program?

I would say no. But if you ask Lee, and he says yes, you can use the name.

TheComet

Copyright cannot protect a name; a title must be trademarked instead. A logo can be copyrighted, as it is images, likenesses, etc that copyright protects.

If the setting, creatures, weapons and code, or any mix of those elements are being used in your game, then you'd need to ask Lee's permission to develop things further.

However, Iced was a demo only provided to DB users, and so there would be little to no gain in using it's legacy commercially; as it's not exactly an established franchise that can sell or market itself, like Quake or Unreal.

Also...do you really have a complete, polished game put together that you'd say is worth paying for? If so, i'd re-work any derived elements and create your own product for which you would be sole owner.

Hope that helps.