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AppGameKit Classic Chat / Naming games - is it a minefield?

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Jambo B
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Posted: 7th Jun 2015 13:46 Edited at: 7th Jun 2015 13:47
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Hello all,

I've often thought about this - when coming up with a new game idea, what are the rules regarding the actual NAME of the game?

As an example, I'm writing games etc. for the education sector.

Would I get into trouble if I named one:

"DYNAMITE BLAST" - http://bibagames.com/free_online/dynamite_blast.html

or

"FIRE AND ICE" - http://www.twoplayergames.org/Fire-and-ice/608.html

Do you see what I mean? What's the law with naming games? Is it all to do with trademarks, e.g. I'd get away with the two names above but couldn't call my game 'Sonic's Dynamite Blast'.

Seems like a minefield to me!

James
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Van B
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Location: Sunnyvale
Posted: 7th Jun 2015 14:02
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Sure is - no matter what title you go for, the chances are theres another game or book, movie whatever called the same. Really we have to use names that relate to products that are a few years old, like I wouldn't be too concerned if my game name was the same as an old 16-bit title. We are lucky in the fact that the legal costs of properly protecting a copyright are so high that most publishers didn't bother, only need to watch for the companies that are still around, like SEGA, Nintendo, RARE, Atari, Activision.

Meat Boy on a Speccy!
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PartTimeCoder
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Posted: 7th Jun 2015 21:40
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I'm no expert but as I understand it you can name your game anything you like as long as its not a direct copy or imitation of any named like games, your DYNAMITE BLAST game may well share its name with other games but as long as it is independent in story, graphics and game play type, the name is just words and no company can copyright the use of words, that would be ridiculous and unmanageable, the copyright is more aimed at the game as a whole, the graphics, sound, gameplay and other internals make up the game which is given a name ....... if its original work, call it what you like
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Beo6
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Posted: 8th Jun 2015 15:59
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That is not exactly right.
I'm also not an expert but names are not part of copyright but of trademark. ("Markenrecht" in Germany) and is managed by the same bureau as patents in germany.

Obviously i can only talk about germany so it might be different in other countries (at least the whole EU should be similar) but you can basicly register every name. regisrering costs about 300€ or more depending of the class and extending costs ~750€ after 10 years or so.

The only way i know you might be able to know if a name is registered is the ®-Sign in it.
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CJB
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Posted: 8th Jun 2015 17:22
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You can search for UK trademarks (and their status) here.

What's the worst that can happen if you do accidentally infringe a Trademark? They ask you to change it, right?

V2 T1 (Mostly)
Uzmadesign
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PartTimeCoder
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Posted: 8th Jun 2015 18:00
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Quote: "That is not exactly right."


Well cant speak for Germany or Europe but in UK and USA 'Titles of Works' can not be copyrighted, the thought of certain word combinations being 'outlawed' for use except by the copyright holder is absurd and completely illogical, and by definition every word I have use in this paragraph would be copyrighted by someone and just replying here I would have breached countless copyrights and be liable to prosecution .... words can not be copyrighted, only content

UK: https://www.copyrightservice.co.uk/copyright/p18_copyright_names
USA: http://copyright.gov/circs/circ34.pdf
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Beo6
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Posted: 8th Jun 2015 18:23 Edited at: 8th Jun 2015 18:27
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@PartTimeCoder

read your links again and look at "trademark" and not copyright.

copyright and trademark are two completely different things.

Of course words can´t be under copyright (but books or songs etc. can be under copyright!) but names of games or companies can be under trademark.

Have a read about it here. (just found the link)
http://www.newmediarights.org/guide/legal/Video_Games_law_Copyright_Trademark_Intellectual_Property
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