Copyright, Trade Marks etc

Okay, so I've been working on and off on my game "Ball Bearing" for a year or so www.dread-donkey.com (if anyone cares). This is a remake of a game I wrote in 1993 called erm "Ball Bearing" for the old amstrad CPC. This game was sold and also was on a newstand magazine covertape.
http://www.cpcgamereviews.com/b/index.html

Now having searched last night I find this http://www.pulsemobilegames.com/Ball_Bearing.html

I'm sure this isn't a copy of my 1993 game, and I'm sure the developers didn't know of it, but what would be the case if they'd registered the name? Are there any legal ramifications in this?

Their version is not trademarked - ie the registered kind. Based on your previous game the law should be on your side.

Personally, I think there will be quite a few 'ball bearing' games out there and, because of the nature of the title, they'll all have similarities.

Your first game auto-copyrighted when you wrote it and proving its existence is in your favour.

I don't foresee any problems for you. Plus your remake has a sub-title to it which reduces any friction.

yeah, what puki said

As long as your game is not 'impersonating' their game there shouldn't be any problems.

Remember there were two games called Barbarian - the well known Palace Software one where you behead each other, and another one - a platform game, by (I think) Melbourne House. They were both released within a couple of years of each other.

Can't remember that far back if there were any legal problems going on over it - I wouldn't have thought so - but I was too young to care at the time. ;)

Psygnosis. It was great.

I don't recall any. Besides which, the Psygnosis game didn't have Maria Whittaker on the cover.