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AppGameKit Classic Chat / [SOLVED] Copyright Issues

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Zaxxan
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Posted: 24th Feb 2021 10:17
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I have developed my first game which is nearly complete. It is a Klondike Solitaire game.

I would like some advice on naming my game. Am I OK to call my game Klondike Solitaire or will this infringe copyrights? I have checked on the UK trade mark database and Klondike and Solitaire are both registered as trademarks (Class 9 Software) so does mean that I can't use them in naming my game? Developing the game was straight forward, trying to understand the copyright side of things is a nightmare!

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Kevin Picone
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Posted: 24th Feb 2021 11:58
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Quote: " so does mean that I can't use them in naming my game? "


yep.

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Zaxxan
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Posted: 24th Feb 2021 13:02 Edited at: 24th Feb 2021 13:11
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So if I call it something else would I be able to describe it as a klondike solitaire type game?

If solitaire is registered as a trade mark would i be able to call my game something like Solitaire Pro etc is is the use of solitaire completely forbidden once it is trade marked?

Also, if the word Chess was trade marked wpuld it mean no one would be able to call their game of chess Chess then?
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Loktofeit
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Posted: 24th Feb 2021 13:39
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Ok, let me preface this with - I am not legal expert, so this is not legal advice. This is advice based on game industry and marketing experience.

On computers, "Klondike Solitaire" is kind of redundant because most people who learned solitaire on PC, learned from Windows Solitaire... which is Klondike.

So, some approaches you can use are

- Go with other variations on the name, such as Canfield, Patience, Seven up, Sevens
- Use Klondike in the name but not as the name. Klondike is a card game that preceded computers by decades, if not a century. For example, Krazy Klondike or Klondike Kings would be options if they are not already taken. DO NOT add a third word that starts with K to the name
- Are you making other card games? If so, start a series like Card Game Classic: Klondike, and then the next one Card Game Classic: [nextgame], etc

There are plenty of ways around it.



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Zaxxan
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Posted: 24th Feb 2021 14:58
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Ok, there are some good suggestions, thank you for taking the time to explain things. I will probably write a few more variations of solitaire like tri-peaks and elevens. So I assume any name I use i would then have to register a trade mark? If a register a trade mark in the UK would I yhen be able to upload to the Google Play store? As the play store is global how would it then work in other countries?

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Raven
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Posted: 24th Feb 2021 19:57
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This is not Legal Advice. (legalese out of the way)

Class 9 Software is NOT an Entity., it's one of the 45 Classifications that a Trademark or Copyright can have that denotes specific attributes.
In this case Class 9 refers to something that can be freely used in Part or Whole of a (Software) Product.

i.e. It's Public Domain and can't be Trademarked or Copyrighted

For future reference though., a Trademark is only protected if it's being actively defended... within a grace period.
Also a Trademark is ONLY valid in the first place if said Trademark Holder has purchased / been granted it from the original Holder the Trademark was registered (before or after) within 3 months of it's "First to Market" Usage., or it has been abandoned and renewed by someone else without it being in usage by others.

Personally I'd always suggest to create a Unique Name... as this will make your product Stand Out more.
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PartTimeCoder
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Posted: 24th Feb 2021 20:32
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if the word exists before the trademark date then it can be used as you can not trademark language, however, giving something a name that alludes that it might be associated with the trademark is a no no, for example, Solitaire Pro as a card game out as it can be perceived as a sequel (maybe) to the trademarked product or associated with it, but a game named Solitaire where your stuck on an island or lost in space is perfectly ok as the word Solitaire (meaning a single set precious stone) was co-opted by the tradmark holders in the first place so thus prevents any restriction on its acceptable use (as above).

MyCardGame- A Solitaire/Klondike like game << would be perfectly fine, obviously you'll need a more fetching name

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Zaxxan
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Posted: 24th Feb 2021 23:18 Edited at: 25th Feb 2021 07:48
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Thanks for all of the replies, it looks like I will have to be more creative when naming my game!

I was going to upload it to the google play store as a free game with no adverts but it seems like it will probably cost me quite a lot of money to do that if I have to pay for trade marks. I now understand why free games are full of adverts!
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Game_Code_here
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Posted: 25th Feb 2021 03:02
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The Word Clone comes to mind.

If you Release this as a free game and a cloned game like Klondike clone you will be fine, if there is money to be made on it you could be sued by them.



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PartTimeCoder
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Posted: 25th Feb 2021 08:47
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Quote: "I now understand why free games are full of adverts!"


The full of ads because people like money, nothing to do with trademarks, and FYI, don't add ads to your game until its starts to go viral, no quicker way to put me off a game than present me with ads the moment I open it I'll close it just as quick, a good formula for this is based on playtime and achievements, let the user play your game, get to a certain level, now you know you got the user hooked, start showing ads, its a formula that works.

Quote: "I will have to be more creative when naming my game!"


Just google Latin words for what you need, always works for me, something nice pops up, for this (alone) , I quite like Solummodo, its Latin meaning (Only-Alone) or as its Latin would be back to front (Alone-Only) (Solum-modo) .... I love Latin lol


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Zaxxan
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Posted: 25th Feb 2021 14:44
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Thanks for all of the replies and suggestions.
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n00bstar
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Posted: 26th Feb 2021 21:54
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They are obligated to send you a cease and desist before they can sue you. So.. you release whatever you want and if they send you one, just oblige them and take your product off the market. Change the name, and release again. But in your particular case though... it's a very generic name and even the stupidest lawyer in the world could defend you successfully. Klondike, Solitaire, Patience.... these name are public domain and have existed since the 19th century. Also... a google search for "class 9 software klondike" has absolutely no mention of class 9 software in the results. Hell.. this thread comes up as the first result. So yknow...
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Raven
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Posted: 26th Feb 2021 23:21
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Quote: "Also... a google search for "class 9 software klondike" has absolutely no mention of class 9 software in the results. Hell.. this thread comes up as the first result. So yknow..."


I feel like no one actually reads what I write.

Class 9 Software IS NOT an Entity (Individual / Company) but stands for "Classification 9 (Software Industry)"., which as I said means that you can not Trademark it within said Industry as either Part or Whole of a Software Package.
There are a total of 45 Classifications that can be assigned to various Trademarks., to denote the extent under which the Trademark is protected from being owned by any Entity.

You could however still Trademark these terms for say... your Window Washing Business., or a Car., etc.
It's just with Software (and "Games") it's off-limits and should be considered Public Domain.
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n00bstar
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Posted: 27th Feb 2021 01:00
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Quote: "I feel like no one actually reads what I write."


That would be correct. I mean, besides this one time.
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Loktofeit
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Posted: 27th Feb 2021 17:42
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"I feel like no one actually reads what I write."

If you're Raven[craploadofnumbers], then I not only used to read the stuff you write, I used to watch your game dev videos.
LynxJSA's web games/quizzes - LynxJSA's Android apps
AGK Resource Directory
"Stick to a single main loop (DO...LOOP) and loop through it every frame.
Do everything inside functions.
Use finite state machines to control your game.
Use lots and lots of source files.
Use virtual resolution instead of the default percentage system." - Digital Awakening
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