If I accidently used the name of a real tree in my game would that be a copyright issue? What if I accidently use the name of a planet in a movie? Or something to that affect. I am talking about adding content to my game... that what would be the consequences of adding content with the above characteristics.

quote: Original post by Johny25
If I accidently used the name of a real tree in my game would that be a copyright issue? What if I accidently use the name of a planet in a movie? Or something to that affect. I am talking about adding content to my game... that what would be the consequences of adding content with the above characteristics.

First of all, none of these elements have anything to do with copyright. Copyright protects a specific work; these words I''m typing right now are protected by my copyright. You can''t pass them off as your own.

What you are probably thinking of is trademarks. A trademark is a word or symbol that represents a product or service. For example, both "Nike" and that swoosh thingy are trademarks of Nike. If you made a game that used either, you might get sued for trademark infringement. It really depends though...the main concept is that you cannot make people think that you are somehow affiliated with the trademark.

For example, if I made a running game titled "Nike Marathon", Nike would pretty much own me and all my descendants. On the other hand, if I made a marathon game, and had Nike shoes in it, it would be very difficult for Nike to claim trademark infringement. Which doesn''t mean that they wouldn''t have their lawyers send me a nastygram and try to scare me out of using their trademarks.

However, planets and trees are not trademarked by anyone. Even if they were, it is pretty likely that a court would rule that they are generic words, and cannot be protected by trademark. This is the defense Microsoft used when they infringed someone else''s trademark of "Internet Explorer": they claimed the words were generic, and could not be protected.

quote: Original post by Anonymous Poster
For example, if I made a running game titled "Nike Marathon", Nike would pretty much own me and all my descendants. On the other hand, if I made a marathon game, and had Nike shoes in it, it would be very difficult for Nike to claim trademark infringement. Which doesn''t mean that they wouldn''t have their lawyers send me a nastygram and try to scare me out of using their trademarks.

Umm, that''s wrong. Actually they would have very good legal grounds to sue you.

Jack

Just curious - could they do something devious like wait for your game to be successful and THEN nail you with a lawsuit, and take your earnings?

Otherwise, if they sued you in the beginning, you could simply change the name and keep the profits for yourself, and they would gain nothing.

[edited by - Waverider on October 15, 2002 3:19:53 PM]

quote: Original post by JackNathan

Original post by Anonymous Poster
For example, if I made a running game titled "Nike Marathon", Nike would pretty much own me and all my descendants. On the other hand, if I made a marathon game, and had Nike shoes in it, it would be very difficult for Nike to claim trademark infringement. Which doesn''t mean that they wouldn''t have their lawyers send me a nastygram and try to scare me out of using their trademarks.

Umm, that''s wrong. Actually they would have very good legal grounds to sue you.

Jack


You''re confusing issues here. Anyone can sue anyone for anything.

Winning is a different matter. According to Bitlaw (http://www.bitlaw.com/trademark/index.html), "A mark is infringed under U.S. trademark law when another person uses a device (a mark) so as to cause confusion as to the source or sponsorship of the goods or services involved."

My hypothetical marathon game does not pretend to be sponsored by Nike, or made by Nike. It would be best to include such a statement on the game itself, preferably in big red letters all over the box.

The real danger is that corporations know that a smaller company can''t afford a prolonged lawsuit. So they sue, even though they know they''re in the wrong or have a poor case, because they can run the smaller company out of money.

quote: Original post by Waverider
Just curious - could they do something devious like wait for your game to be successful and THEN nail you with a lawsuit, and take your earnings?

Otherwise, if they sued you in the beginning, you could simply change the name and keep the profits for yourself, and they would gain nothing.

If memory serves me right, they have to file suit (or send a cease and desist) as soon as they become aware of the violation.

You do have to prove that they knew about the violation but chose to wait to exploit that rule, however. Better to keep yourself out of the situation altogether.