Can I get sued if i copy....
Miscellaneous Forums/General Discussion/Can I get sued if i copy....
Can I get sued if I copy the first part of a popular games name but change the last bit to something completely different?
I don't want to reveal the name yet as I'm waiting to be able to afford the domain name. It's not taken and is available in all flavours i.e .com, .co.uk, .net...
To give you a clue it will end with the word 'Fighting'.
If I did 'Street Fighting' aka Street Fighter could i get a slap from them big companies?
"Street Fighting" is probably safe.
"Final Fantasy XXV" probably isn't.
Depends what it is, really.
It wouldn't bother me.
In software history there have been games with the same name - if memory serves correctly there was more than one game called 'Virus'.
Personally, I'd go with copying a name and reap the benefits of any publicity - even if it means changing the name.
In fact, I think it may be possible for the right to a game-name to expire unless you actually have it registered or something - not just copyright stuff.
EDIT:
I'm sure some game names are technically trade-marked and very protected (probably stuff like Tomb Raider and Street Fighter etc).
What about Quake. Is Quake protected?
Quake, Dunno. Quake Force, Quake Troops, Quake War can't be.
I'm a little confused though. Can a company prevent you from using a word from the English Dictionary because they use it in their product?
I'm off to make Blitz Ultra and Project Gotham Canoing 3, laters all!
Can a company prevent you from using a word from the English Dictionary because they use it in their product?
Bit like when Marvel had to be paid off by "Hulk Hogan", even though to be honest It wasnt that much like "The Incredible Hulk". And it was descriptive.
Basic rule, dont.
Quake would be protected in relation to the genre of game. If you did a racing game called Mega Quake its unlikely to be confused with an fps.
Can a company prevent you from using a word from the English Dictionary because they use it in their product?
Yes. And they will. You need to agressively defend your trademark, or forever lose the right to it.
IANAL, but it's one of those things where it depends. If it's a word that is primarily associated with their game, then they can try to stop you. "Legend of Bob" would be okay, but "Saga of Zelda" would not. Just about anything with "Quake" in it would be a no go.
If you're obviously using the word to capitalize on the recognizability that they built up (e.g. Mario Fighting), I'd say try something else.
Otherwise, if it's just a hobby game and the word is pretty common, the worst that can happen is you get a cease & desist and you change the name. Unless you think it's worth thousands in legal fees to keep the name.
Keep in mind that they have to actively defend trademarks for them to stay valid, which sometimes means going after the little guys or going after cases that are sort of questionable.
Maby i shall do a game named Quake and a operating system caled windows.
Why risk it? Just come up with an original title and avoid the problem entirely.
I don't think it matters what you call it, I doubt you'll finish the game anyway so the original developers have nothing really to worry about :)
If they sue you or not, that's only one question. Most times you even don't want to get sued and you'll remove your game from your server if a laywer will threat to sue you, even if there was a chance for you to win the case.
Also note, using trademarks of companies that are known to act aggreesively upon such issues, eg. Coca Cola, United Banks of Switzerland, McDonalds or so, is also likely to make you legal troubles.
Thanks for the advice guys.
I'm going to continue what I'm doing and if the worst comes to the worst I will change the name.
I'm not too fussed if I get a cease & desist but untill then the name will stay.
:)
I think you can only copyright(C) design, images/film text & audio, you need patents to protect an 'idea' and a rgd. trademark (R) to fully protect a name/logo
so, as long as all the graphics, story and name (unless(R)) are significantly different you are fine. (as i doubt people can get a patent for a game style)
Street fighting should be ok because it isnt street fighter.
I have just created a new language called BlittzMacs.