Sorry your browser is not supported!

You are using an outdated browser that does not support modern web technologies, in order to use this site please update to a new browser.

Browsers supported include Chrome, FireFox, Safari, Opera, Internet Explorer 10+ or Microsoft Edge.

Geek Culture / laws about product names

Author
Message
jasonhtml
20
Years of Service
User Offline
Joined: 20th Mar 2004
Location: OC, California, USA
Posted: 4th Dec 2005 04:27
if you come up with a name for a game and plan to sell it, you have to make sure no other game has the same name so you don't get sued and stuff... well, i was making sure of something: if your game has the same name as another product, but that product is not a video game at all (ex. a book or something that has NOTHING to do with ur game) can you possiblely get sued? im not sure of the laws about that... but i always thought that if the two products were of different genre, they could have the same name...

Deathquest (MMORPG)
Deathquest Thread: http://forum.thegamecreators.com/?m=forum_view&t=61108&b=8
DD Studios Website: http://www.geocities.com/jasonhtml/
Megaton Cat
21
Years of Service
User Offline
Joined: 24th Aug 2003
Location: Toronto, Canada
Posted: 4th Dec 2005 04:42
No, you still can't do it. Even if you base your game on a brand of shampoo.


The cat era has begun.
jasonhtml
20
Years of Service
User Offline
Joined: 20th Mar 2004
Location: OC, California, USA
Posted: 4th Dec 2005 04:45
but, y not? the game and other product have nothing in common...

Deathquest (MMORPG)
Deathquest Thread: http://forum.thegamecreators.com/?m=forum_view&t=61108&b=8
DD Studios Website: http://www.geocities.com/jasonhtml/
Megaton Cat
21
Years of Service
User Offline
Joined: 24th Aug 2003
Location: Toronto, Canada
Posted: 4th Dec 2005 04:51
Ever heard of movie-licensed games?


The cat era has begun.
Kevin Picone
22
Years of Service
User Offline
Joined: 27th Aug 2002
Location: Australia
Posted: 4th Dec 2005 04:52
If the name is a registered trade mark, then they can certainly stop you using their product name, regardless of the type of product it is.

Moreover, from memory the licenser of the trademark is compelled to protect their name from known infringements. If they don't, apparently it can weaken their hold over it the trademark. So if they found you, they'd be obligated to follow it up. Most probably if a cease and desist though.

Kevin Picone
[url]www.underwaredesign.com[/url]
Play Nice!Play Basic (Release V1.089 Out Now)- Play Extreme with Play Basic FX {TBA}
jasonhtml
20
Years of Service
User Offline
Joined: 20th Mar 2004
Location: OC, California, USA
Posted: 4th Dec 2005 05:16 Edited at: 4th Dec 2005 05:17
uh... ok, thats a problem... can you guys help me find if the book called DeathQuest has a trademark? cause i can't find it. my games name is Deathquest

im looking in the USPTO website, but i cant find it

Deathquest (MMORPG)
Deathquest Thread: http://forum.thegamecreators.com/?m=forum_view&t=61108&b=8
DD Studios Website: http://www.geocities.com/jasonhtml/
Jeku
Moderator
21
Years of Service
User Offline
Joined: 4th Jul 2003
Location: Vancouver, British Columbia, Canada
Posted: 4th Dec 2005 07:36 Edited at: 4th Dec 2005 07:37
Actually trademarks all have WARES attached to them. I.E. if you look up McDonalds the restaurant it will most likely have fast-food, restaurant, etc. attached to it. Therefore you CAN start a McDonald's Shoe Repair game and trademark it with different WARES.

I know this for an absolute fact in my country, as my old company was threatened by our large telco for infringing on their trademark because we had a website with their trademark name. However, our website was a B2B portal, and their wares (all dozens of them) didn't say anything about that. They didn't have a case

Case in point: My dad registered *** Beer about 10 years ago, and there were dozens of companies using the *** name for other products (I don't want to put the real name here now).

jasonhtml
20
Years of Service
User Offline
Joined: 20th Mar 2004
Location: OC, California, USA
Posted: 4th Dec 2005 07:38
so, im ok? i can leave my game name as Deathquest and the author of DeathQuest, the book can't do anything?

btw, im in the U.S.

Deathquest (MMORPG)
Deathquest Thread: http://forum.thegamecreators.com/?m=forum_view&t=61108&b=8
DD Studios Website: http://www.geocities.com/jasonhtml/
Oneka
20
Years of Service
User Offline
Joined: 24th Apr 2004
Location: Hampton,VA
Posted: 4th Dec 2005 07:43
If I were you I would change the name..its a book and more then likely if you get that popular...SUED...you shall be..


Making better games everday!
Oh yeah and just so you know its Oh-nek-a not One-ka!
Jeku
Moderator
21
Years of Service
User Offline
Joined: 4th Jul 2003
Location: Vancouver, British Columbia, Canada
Posted: 4th Dec 2005 07:52
Hey, I'm not a lawyer. I'm just telling you how it works in my country. You shouldn't be taking law advice from a programming forum :-P

Oneka
20
Years of Service
User Offline
Joined: 24th Apr 2004
Location: Hampton,VA
Posted: 4th Dec 2005 08:08
lol..I was just saying xD but yeah its a book...I dunnno consult the person or something


Making better games everday!
Oh yeah and just so you know its Oh-nek-a not One-ka!
Andy
22
Years of Service
User Offline
Joined: 12th Nov 2002
Location:
Posted: 4th Dec 2005 09:47
Never take legal advice on the internet.

Generally a Trademark is specifically used in certain categories of business for selling certain categories of products.

Generally(the conventions on intellectual property), If you wish to use the name in other categories of business to sell other categories of products that is generally not a problem.

However, in real life, the categories and the market is different in each country. The same can be said about the implementation of the relevant conventions into national judicial systems. Add to that they judicial practice and you hav 3 extra layers that you need to be aware of and possible defend against.

If your product is based on the book, is similar to the book, exists in the same or a similar universe as the book, or could in any way be connected to the book, you will be in trouble. The author or publisher of the book could also argue that even if the trademark is not registered for use in videogames, creating videogames derived from books is a well established business practice, and as such you are encroaching on their IP and trying to abuse the name recognition they have built. In fact they'll propably take you to court even when they know they don't have a case, just to force you to settle which will give them a defacto win and a perception of protection of their mark.

In short you need to hire a lawyer, because even if you do everything right, the law is rarely black and white, it's more of a suble shade of grey.


Andy
Scraggle
Moderator
21
Years of Service
User Offline
Joined: 10th Jul 2003
Location: Yorkshire
Posted: 4th Dec 2005 11:41
There used to be a used car sales room in Blackpool called MGM motors. It was a tiny establisment that could only fit 5 -6 cars on it's forecourt but get this ... MGM the movie studio heard about it (no idea how!) and demanded they changed their name!
That is going back about 10-15 years so I don't remember the details and I am not sure how it turned out but it is a good example of two entirely seperate products (movies and cars) sharing a name and the second company to take the name getting into legal trouble.
So, to answer the original question ... just stay clear of any name that currently exists. It will ensure legal safety no matter what


re faze
20
Years of Service
User Offline
Joined: 24th Sep 2004
Location: The shores of hell.
Posted: 4th Dec 2005 14:59
ever play the dragon ball z budokai game? notice how it says things in the charachter selection screen like, Gohan (tm) , Vajeeta (c) frieze (c) some other poor schmoe (tm). so yeah, you pretty much cant do it. If it is a completely different product like your game was called oreck, you could probably skate, but you cant call your game doom or any of the variants (doomed) and so on.


a bit of a tangent, but did you ever see that episode of futurama where the only two available names for copyright were popplers and tasticles ? friggin hilarious stuff.

jasonhtml
20
Years of Service
User Offline
Joined: 20th Mar 2004
Location: OC, California, USA
Posted: 4th Dec 2005 15:29 Edited at: 4th Dec 2005 15:54
ok, how im getting this is i can't be sued... im in a completely different genre of products and my game has nothing to do with the book...

btw, i can't find the email of the author to talk to him, his name is Robert M. Bohm

also, i still can't find if he even has a trademark

Deathquest (MMORPG)
Deathquest Thread: http://forum.thegamecreators.com/?m=forum_view&t=61108&b=8
DD Studios Website: http://www.geocities.com/jasonhtml/
Scraggle
Moderator
21
Years of Service
User Offline
Joined: 10th Jul 2003
Location: Yorkshire
Posted: 4th Dec 2005 16:23
Quote: "how im getting this is i can't be sued... im in a completely different genre of products"

You obviously didn't read my post then!


Andy
22
Years of Service
User Offline
Joined: 12th Nov 2002
Location:
Posted: 4th Dec 2005 17:04
>ok, how im getting this is i can't be sued... im in a completely
>different genre of products and my game has nothing to do with the
>book...

You are absolutely wrong. It sounds like you are only hearing what you want to hear. They can and most likely will sue you.

The important thing is not the lawsuit itself, but the time and money you have to spend on it. It's not even important if they can win because it might take years for the case to finish and I would wager that you will run out of money faster than the publisher will!


Andy
Dazzag
22
Years of Service
User Offline
Joined: 26th Aug 2002
Location: Cyprus
Posted: 4th Dec 2005 17:04
Demestos - Kills all known germs *DEAD*. The Game.

Heh, sorry, hit my funny bone. Chuck in a sequel : Demestos Vs Mr. Sheen, and I'll need medicine....

Cheers

I am 99% probably lying in bed right now... so don't blame me for crappy typing
jasonhtml
20
Years of Service
User Offline
Joined: 20th Mar 2004
Location: OC, California, USA
Posted: 4th Dec 2005 17:47
but what about the products being in different areas of the market? can someone help me find a document from the US Patent and Trademark Office that says whether this is true or not?

Deathquest (MMORPG)
Deathquest Thread: http://forum.thegamecreators.com/?m=forum_view&t=61108&b=8
DD Studios Website: http://www.geocities.com/jasonhtml/
Scraggle
Moderator
21
Years of Service
User Offline
Joined: 10th Jul 2003
Location: Yorkshire
Posted: 4th Dec 2005 18:01
Movie studio / Used car sales.

Sounds like 'different areas of the market' to me!


Megaton Cat
21
Years of Service
User Offline
Joined: 24th Aug 2003
Location: Toronto, Canada
Posted: 4th Dec 2005 18:13
Quote: " but what about the products being in different areas of the market?"


You cannot use their popularity for your game. Doesn't matter what market it is.


The cat era has begun.
Hamish McHaggis
21
Years of Service
User Offline
Joined: 13th Dec 2002
Location: Modgnik Detinu
Posted: 4th Dec 2005 20:13
Quote: ">ok, how im getting this is i can't be sued... im in a completely
>different genre of products and my game has nothing to do with the
>book...

You are absolutely wrong. It sounds like you are only hearing what you want to hear. They can and most likely will sue you.

The important thing is not the lawsuit itself, but the time and money you have to spend on it. It's not even important if they can win because it might take years for the case to finish and I would wager that you will run out of money faster than the publisher will!"


I think it depends. If the book is for example, a fantasy book (which is certainly what it sounds like), but the game is a football game (unlikely for that name), then I'd say there is pretty much no chance of Jason being sued, as the two things bear no resemblence to each other. However, if the game is a fantasy game, or a role playing game of pretty much any sort, then the likelyhood that Jason will be able to be sued (not "will be sued") increases. This is also if the author of Deathquest has actually registered his name.

That said, the likelyhood of a lawsuit also depends on things like, how well known a trademark is, and how much money the suer has. For example, if I set up a McDonalds Laudrette, then I'm not sure McDonalds would be too pleased. Although whether they'd recognise it as a threat that is worth taking on is another question.

re faze
20
Years of Service
User Offline
Joined: 24th Sep 2004
Location: The shores of hell.
Posted: 4th Dec 2005 21:53
wait can i make listerine the game?

JoelJ
21
Years of Service
User Offline
Joined: 8th Sep 2003
Location: UTAH
Posted: 4th Dec 2005 23:27
Quote: "so, im ok? i can leave my game name as Deathquest and the author of DeathQuest, the book can't do anything?"

change your last name to "DeathQuest", all will work in the end

[center][center]
Andy
22
Years of Service
User Offline
Joined: 12th Nov 2002
Location:
Posted: 5th Dec 2005 10:39
>I think it depends. If the book is for example, a fantasy book
>(which is certainly what it sounds like), but the game is a
>football game (unlikely for that name), then I'd say there is
>pretty much no chance of Jason being sued, as the two things bear
>no resemblence to each other.

>However, if the game is a fantasy game, or a role playing game of
>pretty much any sort, then the likelyhood that Jason will be able
>to be sued (not "will be sued") increases. This is also if the
>author of Deathquest has actually registered his name.

You are assuming that a business will only sue if they believe they are right and if they can win. That's not how things work in reality.

In real life, businesses are very anal about IP. if the business can squash someone who uses a term similar to their mark, the propably will. First of all because most people give up and go home and secondly because by doing so they defend their mark and could possibly extend it into other categories of businesses by claiming that it is a well established business practice.

Not all court-cases are are judged in favour of the plaintive you know.

>That said, the likelyhood of a lawsuit also depends on things like,
>how well known a trademark is, and how much money the suer has. For
>example, if I set up a McDonalds Laudrette, then I'm not sure
>McDonalds would be too pleased.

The mark owner doesn't have a choice. He defends his mark vigorously or he risks losing it.

>Although whether they'd recognise
>it as a threat that is worth taking on is another question.

They don't have a choice. If they don't defend their mark, then someone could later say that they let their trademark slip in this or that case, so they have not vigorously defended it.


Andy
dark coder
22
Years of Service
User Offline
Joined: 6th Oct 2002
Location: Japan
Posted: 5th Dec 2005 10:49
well instead of making a new topic, i realised cease and deceasiest`s are fairly common for mods/fan games, but say you were making a game that you thought was original and then it turns out some big company already had that name or something and you get a cease and eciest, cant you just edit your project so that it has nothing to do with there thing? else just stopping would be an ass.


Tinkergirl
21
Years of Service
User Offline
Joined: 1st Jul 2003
Location: United Kingdom
Posted: 5th Dec 2005 14:01
Simplest solution:

Change the name of your game.

Why so set on a name that someone else is using if you're not related to that product? Change it, and you won't have to worry about the legalities (as much).

"What's in a name? A game by any other name would play just as well."
jasonhtml
20
Years of Service
User Offline
Joined: 20th Mar 2004
Location: OC, California, USA
Posted: 5th Dec 2005 16:40
well, ive had this name for about 2 years... and ive decided to keep it. im not changing it. so, this thread is useless now

Deathquest (MMORPG)
Deathquest Thread: http://forum.thegamecreators.com/?m=forum_view&t=61108&b=8
DD Studios Website: http://www.geocities.com/jasonhtml/
Hamish McHaggis
21
Years of Service
User Offline
Joined: 13th Dec 2002
Location: Modgnik Detinu
Posted: 5th Dec 2005 17:07
This thread isn't useless, it's interesting.

Andy - Fair enough, I don't know much about trademark laws, but take this example. What if there was a "MacDonald's Laundrette", owned by a person named MacDonald. Would the fact that the laundrette was named after them make any difference to their rights to use that name? I would have thought it would. Also, the obscurity of the name would surely affect the case? For example, say you had two compeletly unrelated stores, both named "Surly-Pete's Millenium Discount Slate Exchange", and two other completely unrelated stores, both named "Books". Wouldn't the former be more likely to cause a conflict, due to the obscurity of the name? There are probably many shops in the world called "Books", and people aren't going around sueing each other for stealing their shop's name.

Tinkergirl
21
Years of Service
User Offline
Joined: 1st Jul 2003
Location: United Kingdom
Posted: 5th Dec 2005 18:03
Did you hear about the young man called Mike Roe? He had a webpage for his small computer business called MikeRoeSoft.

Microsoft went ballistic on him. It's his NAME and they still had a leg to stand on.

Then there was Sam Buck's Coffee shop. Lady's name - she opened her cafe in her small hometown long before Starbucks moved there - but still, despite the fact that that is her NAME, Starbucks are after her blood.

Admittedly, both of these similar sounding names (real names) were in similar businesses to the 'name-a-like'. But it just goes to show that if you happen to be called MacDonald, Macy, Woolworth, etc etc, beware of naming your business/product after yourself.
Peter H
20
Years of Service
User Offline
Joined: 20th Feb 2004
Location: Witness Protection Program
Posted: 5th Dec 2005 18:17
I think i'll change my name to go og le and find a way to steal millions from google

"We make the worst games in the universe..."
Jeku
Moderator
21
Years of Service
User Offline
Joined: 4th Jul 2003
Location: Vancouver, British Columbia, Canada
Posted: 5th Dec 2005 21:06
But that's why I said--- trademarks all have WARES attached to them. Therefore Sam Bucks might have an issue because it's similar to Starbucks--- and they both serve coffee, which is the WARES. However, McDonald's Laundrette is legally safe from McDonald's fast food, as their wares would be restaurant, fast-food, etc., and the laundrette's wares would be laundry, etc.

That may not stop McDonald's fast food from suing you to settle, but they have no legal right to do so. This is something I've learned from experience, but again, it might be a country thing (although I believe the U.S. is very similar to us in this regard).

JoelJ
21
Years of Service
User Offline
Joined: 8th Sep 2003
Location: UTAH
Posted: 6th Dec 2005 08:37
yap, tis, tis sir jeku

[center][center]
Me!
19
Years of Service
User Offline
Joined: 26th Jul 2005
Location:
Posted: 6th Dec 2005 12:13
actualy Mac Donalds tried to close down a restaraunt called Mac Donalds in Scotland (Glasgow or Aberdeen or something), they got their asses whupped royaly, thrown out of court, you don`t tell tell a Scotsman he can`t use his own name in Scotland



Is a Troll actualy a Chav who`s on the net?, are Chavs capable of using the net? if they are, what idiot trained em?
Jeku
Moderator
21
Years of Service
User Offline
Joined: 4th Jul 2003
Location: Vancouver, British Columbia, Canada
Posted: 7th Dec 2005 04:01
Exactly--- because they're BOTH in the food industry. Really, is it that complicated to understand? :-P

DrewG
19
Years of Service
User Offline
Joined: 25th Aug 2005
Location:
Posted: 7th Dec 2005 05:56
Lol, since Wal-Mart came from Walton
I guess I cannot make a company after myself called Gup-Mart
That's actually quite weird, not being able to make a company after yourself. That's why I went the smart way and made a name I appreciate : SEAL Games
I like Navy SEALs, and so therefore that is the name of my "company"
HE HE

Login to post a reply

Server time is: 2024-11-16 04:56:26
Your offset time is: 2024-11-16 04:56:26