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FPSC Classic Product Chat / Is it illegal to have the name of your game the same as another one?

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Tomahawk
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Posted: 20th May 2013 22:58
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I have named my game "Prisoner Of War" and I have just become aware of another game titled the same. As the title says I am wondering if it is illegal to have the Same name? Also if I changed the speeding or something of that fashion would it be ok?

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Ertlov
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Posted: 21st May 2013 00:49
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1. It can never be "illegal" because in worst case it`s civil law applicable.

2. If the name is a common word or phrase and you are not misleadingly advertising your game so that it could get confused with the other one, there is nothing to be afraid of. There re several novels, two very bad movies and three computer games named "Into the Dark" and not a single lawsuit

Come to where the madness is:http://www.indiedb.com/games/into-the-dark
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unfamillia
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Posted: 21st May 2013 00:52
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Quote: "There re several novels, two very bad movies and three computer games named "Into the Dark" and not a single lawsuit
"


Yet.........

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s4real
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Posted: 21st May 2013 00:57
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A few things to take note is some games names are trademarks as well and then you could be looking at a lawsuit.

Best s4real

Pack ya games with vishnu packer its free. Vishnu game launcher is now released.
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Ertlov
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Posted: 21st May 2013 01:10
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Yes, if something is a registered trademark, the rules are clear. However, if a commom word or phrase is used, trademark registrars are not allowed to give them trademark status.

The guidelines are slightly different from country to country, but the common rule is "If a name is not associated with the product in the first place, but with something else, a trademark can be given only to the logo as picture, but not to the words".

As an example: If you name a movie "End of the World" you will never get a protection for the name. Prisoner of War is a common classification, you are most likely on the safe side here.

Come to where the madness is:http://www.indiedb.com/games/into-the-dark
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Tomahawk
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Posted: 21st May 2013 03:19
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Thanks for all the responses, i will look into the game more to make sure there are no trademarks on the name.

Thanks again!

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PeteB
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Posted: 22nd May 2013 16:30
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Actually there are two POW named games that come to mind. The old arcade/NES side-scrolling fighter P.O.W: Prisoners of War and Codemasters stealth play World War II - Prisoner of War.

As long as your main story and characters are different then the others, this is where copyright infringement can come in, then you should have no problems. The escaping from a POW camp doesn't factor in.

If your at all still worried you can always ad a sub title to your games name.

My software doesn't have bugs...It just develops random features.
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Tomahawk
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Posted: 22nd May 2013 21:52
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Thank you, i might think of adding a subtitle, i'm not sure. Its better safe then sorry when it comes to copyrights.

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BULLSHOCK 2
Retired Moderator
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Posted: 23rd May 2013 04:51
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I think everyone here covered the topic well, but just thought Id add that names are a dime a dozen. Its very easy to change your name in the future. I would focus on creating the game first and make it awesome - then worry about little issues like that.

That being said, your game looks pretty cool!



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Tomahawk
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Posted: 23rd May 2013 05:04
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Thanks alot BULLSHOCK 2!!! The support really is one of the only tings that keep me going on this game, there are a good amount of issues i have to addres in just the first level!

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Corno_1
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Posted: 23rd May 2013 12:35
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A small tipp for you

http://gamenaminator.com/
http://videogamena.me/

Beside this:
http://www.gamesradar.com/same-name-completely-different-game/


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Zombie_Expert
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Posted: 12th Jun 2013 02:57
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Interesting, learn something new everyday ^^. That being said how does a name get trademarked by then?

Knowledge of the undead since the age of 4.

Z_E
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Warlockrising
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Posted: 14th Jun 2013 22:55
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As I was once told if it is not your idea in any form, you should not use it. And the title is an example. Like the car called BMW if you made a new type of car and called it BMW, you be in court. So it would not be a good idea to use something that already exist.

ron
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