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Geek Culture / Do you think I'd get in trouble if...

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Xander
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Posted: 9th Mar 2006 09:05
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Do you guys think I'd get sued or anything if I used these as names for anti-virus stuff in a game?

McGafee
Simantech
Thorton

I could say that McAfee, Symantec, and Norton were registered trademarks of their respective owners. I don't know if my fictional names are too close though. I want it that way though because it makes the game more fun and memorable...thanks for your input

Xander Moser - Bolt Software - Firewall
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Pincho Paxton
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Posted: 9th Mar 2006 09:11
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I don't think you'll get sued. It's been done in other games many times before.

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TDP Enterprises
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Posted: 9th Mar 2006 12:48
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you might have to make sure that those arnt names of other companies that could sue you though....

Snow Wars is making its return, check out the Game Design Theory board for more info...
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Pincho Paxton
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Posted: 9th Mar 2006 18:33
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The safe way is to let the players type in any name they want, and then store it.

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Matt Rock
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Posted: 9th Mar 2006 20:40
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You can slightly alter the name of a person or company and they can't sue you. Likewise, you can use real people as long as they're public figures, and duplicate their likeness and whatnot, but you can't do the same with characters. I've been learning a lot about this stuff in the past month or so


"Hell is an Irish Pub where it's St. Paddy's day all year long" ~ Christopher, The Sopranos
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Philip
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Posted: 9th Mar 2006 23:25 Edited at: 9th Mar 2006 23:26
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At least in England, parody is not a defence to a passing off or a defamation claim. You may in theory also be exposed for trademark infringement, etc.

However, as I am forever repeating on these forums, the real issue here is a practical one. Do you think that large companies like these are going to waste time and very valuable legal costs doing nasty things to you?

As I know from my own practice, large companies only take action against individuals when they are left with no realistic alternative and a "cease and desist" letter has been ignored.

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Fallout
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Posted: 10th Mar 2006 00:39
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Philip, I know you've got a good grasp of this shananigans. If a company did take you to court over this (which we both know is extremely unlikely) and won, am I right in saying they can only sue for damages and expenses? So if the judge didn't see any loss of money for their company through abuse of the name, the only thing they could actual be awarded was the cost to bring the case to court in the first place?

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re faze
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Posted: 10th Mar 2006 04:01
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which could be quite pricey... but its very unlikely as cartoons do this daily especially pbs ones so the odds are virtually zero. its called sattire. dont use their logo though.

Dont code slowly be SWIFT about it!
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JoelJ
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Posted: 10th Mar 2006 04:04
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That's because PBS freaking rocks.


This just in: White lab coats cause cancer in mice. Details comming soon.
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Xander
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Posted: 11th Mar 2006 09:31
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Cool, thanks guys, I appreciate the feedback

Xander Moser - Bolt Software - Firewall
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PowerSoft
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Posted: 11th Mar 2006 10:39
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There would also be an injunction ordered, probably. So your made to stop using said names. If you continue then it's contempt of court and your in a whole world of possible bother.

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Philip
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Posted: 11th Mar 2006 15:47
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Injunctive relief is a possibility.

As for damages, they'd have to prove the loss and damage suffered in order to get an order against you. Ever since Rookes v. Barnard, the English civil Courts' jurisdiction to award punitive, rather than compensatory damages, is extremely limited.

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Raven
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Posted: 11th Mar 2006 15:50
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Yes.. the answer is always yes. If you have to ask, starting with "Will I Get In Trouble If..." or something similar, then the answer is YES.

The only time the answer is no, is when you can run faster than the guy you've just nicked the pint from.

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Xander
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Posted: 11th Mar 2006 20:47
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You really think so Raven? Crap. I thought it'd be more fun this way...oh well, I guess I could make up my own virus protection software names that sound decent...

Xander Moser - Bolt Software - Firewall
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BearCDPOLD
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Posted: 12th Mar 2006 01:11
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Just do it anyway.


I'm going to eat you!
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Raven
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Posted: 12th Mar 2006 01:30
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most of these people went with thier names anyway.

as you're called Bolt, why not call it:
Lock & Key Anti-Virus :: "Your system is only secure, when it's under Lock & Key"



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Philip
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Posted: 12th Mar 2006 17:27
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Out of interest, how did Firewall do, sales wise? Can you be persuaded to give a rough idea of how many sales you made? Forgive my curiosity but as you have written one of the best games yet made with DBPro ...

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Hamish McHaggis
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Posted: 12th Mar 2006 19:20
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Presumably you're using these names for the "goodies" in your game? In which case, I guess you're not portraying them in a bad way, or with any offensive or derogatory implications?

If this is the case, I'd sooner eat a crate full of hats than bet the companies in question would get a lawsuit out of something like this. I've seen plenty of movies, tv programs, and computer games that use stuff exactly like this (the Wallace and Gromit films for one use a ton of these joke names).

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Jess T
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Posted: 13th Mar 2006 13:12 Edited at: 13th Mar 2006 13:13
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DB, Phil, not DBP...

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Xander
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Posted: 16th Mar 2006 03:05
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Well, looks like I may just use those names...I like them anyway.

Sales for Firewall? Well...let's just say that I have made just enough to pay for all the software that I have purchased...DB, DBPro, and Milkshape...but it's not like I was expecting much. Considering I made an "RTS" game that didn't even have multiplayer.

But that is why I'm working on something new, using everything that I've learned. For now I'm just going to say it's a sequel, but much more than that. Look for something on the WIP board in the future...

Xander Moser - Bolt Software - Firewall
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Les Horribres
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Posted: 16th Mar 2006 03:13
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Quote: "Do you think that large companies like these are going to waste time and very valuable legal costs doing nasty things to you?"


It depends on what he has in mind... if it is to be a massivly distributed game which totally ridicules the companies and causes them to lose... what.. 5% mabey they will come after him.

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Xander
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Posted: 16th Mar 2006 04:00
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No, no, nothing like that

Okay, basically, I was only going to use the fake names as the names for the software that you can install on your computer which will control which units and abilities you can use during the battle. However, in this game, you will be able to be either the firewall or the virus, so you will be fighting against the anti-virus software at times. But that is all I'm going to say...

Xander Moser - Bolt Software - Firewall
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Les Horribres
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Posted: 16th Mar 2006 04:06
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It was a joke, no worrys.

As a note, Virus' should be able to always win because they can mutate fast. (Meaning new versions can be released rather quickly, avoiding what got them detected the first time [via Virus Scanner or fire wall]). And of course it wouldn't be a propper game unless MS firewall randomly replaced your good firewall every other update.

Don't take me seriously.

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Xander
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Posted: 16th Mar 2006 04:30
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Haha, nice one. I'm not going to lie and say I knew you were being sarcastic...but you have to admit, sometimes it's hard to tell online...

Xander Moser - Bolt Software - Firewall
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MikeS
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Posted: 16th Mar 2006 05:39
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Oi, I'm excited for a sequel. As far as your legalities, you'll be fine.



A book? I hate book. Book is stupid.
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