What's in a name?

Hi all...tricky question here.

In 1993, I created a game called 'Hotblox' for the Amiga. http://www.planetemu.net/index.php?section=roms&dat=257&action=showrom&id=332672

If I created it today, would I be in breach of copyright as today there is a popup-blocker/toolbar called the same?!

I actually stated that 'Hotblox' was copyrighted within the software too, even though it was freeware.

You'd be pretty safe since they aren't competing products or even in the least bit similar. But, people do have a habit of getting 'all silly' over such things lately.

I vaguely remember Hotblox...

Read this
http://copyrightservice.co.uk/copyright/p01_uk_copyright_law

And if any thing goes wrong seek legal advice.

EDIT : If your original work was registered then you should be ok.

I agree. (with both dawlane and gfk)

Good guideline dawlane.

According to the page, names or titles are not included in the law.

So I am pretty safe to use my title...yaaaaay!

What if you once wrote a game, gave it a cool title, never released it, someone else came up with the same type of game, used the same name and released it, can you now not use the same name?

You trademark a name by trading under that mark, so they've beaten you to it I'd expect.

I wouldn't worry about copyright, but trademark

If they actually bothered to register the name as a trademark -- (R) instead of (TM) then they can prevent you from (re)using it. Worse, they would legally be *required* to take action to keep you from using it, since undefended trademarks are declared void and no company wants that to happen.

Now... technically you used the name first and may have some proof of that (your game floating around the internet), but if you never contested them from using it for their product, you may have essentially given up your rights (and claim) to the name by now.

You're in really fuzzy territory at the moment -- if you care deeply enough, consult with a trademark lawyer to find out what your standing is, never take legal advice from strangers over the internet. :->

Oh hell, I better just change the name to make things easier all round...no quibbling.

'Hotblox 2'!

BlotHox!

Marion

LMAO

Yeah forgot about trademarks heres a place some info http://www.ipo.gov.uk/tm.htm
"never take legal advice from strangers over the internet"
Unless they say they are lawyers (but then they don't give advice for free or cheap)

P*ss Microsoft off and call it "Game for Windows"

or just call it "Hotblox revisited"

hotblox the game?

you are the pop up blocker in a tron like vein?

This is always a good source of confusion and humor.

I remember an example from many years ago. Two television news readers were using the same name. One of them sued the other to make her stop using that name. As you might guess, the one being sued was actually using her real name while the one initiating the suit was not. I don't know how this turned out.

And just a few days ago I replaced a burned out light bulb and happened to glance at the packaging. So I now know that "regular, everyday light" is a registered trademark of the General Electric Corporation.

Martin?

HotBlox Revisited sounds cool...cheers Dawlane!

"'Hotblox' for the Amiga."
Do you realize you mentioned the name of the real God, and you even served it?
I don't think anything in this universe can be more important than that.
I believe in Amiga, and now it's getting Amiga OS 4.0, and a new hardware too: http://www.amiga.com/news/index.php?art=32

I think you'd be free to use the name hotbox; its a generic name and the products are totally different.

what if george formby was alive to endorse internet security as much as george forman does the lean mean grilling machine

"if you could see what i can see when im cleaning windows"

"i see you are surfing for pr0n i know a song about that"

TBH as long as you have released the original (and can find some proof of it) and have a copy of it in its original form then they cant do anything as you have proof.

No legal dept would chance taking legal action against someone where they have a game that pre-dates their claim.

Yeah. Only problem there is that it's been like that for the last 10 years.

Trademark law is about ownership, not proof. You think Microsoft made the worlds first Windows? Of course not. Never the less Lindows is now called Linspire.

Of course they would. Particularly if they're the only ones who can afford a legal department.

To answer your original question, read Oscar Wildes "The Importance of Being Earnest".

re the news readers
if i was the real named person and 'lost' or opted for a compromise it'd be

"im blokie #1"
"and im 'the real' me" just to rub it in

and dont get me started on the posh spice vs the posh (peterborough football club) from a few years back