Quote: Original post by double O seven
Well, making a hellicopter game with the word Strike in the title was the whole idea. I just found out that Eidos made Thunderstrike, which by the way is all one word, not 2. And there were a few more games with the word Strike in the titles, but I think they were jet sims, not hellicopters. So I guess it all boils down to the question's, 1.) Should we do it and risk it, 2.) Give both companies a ring and take our chances of getting rejected and possibly babysitted, (so if we ever did release it they would check it and make sure we didn't do what they told us not to. 3.) Change the title, or 4.) change the whole damn concept.

Decision's!!!

I really do appreciate all ya'll's help though, thanks again.

Hehe, good luck!

Anyway, if it was me, i would not bother with that and i would simply do it!

But, that's me, it's not an official advise. But, i've took IT laws courses at the university this semester and i don't see how they could be able to sue you for this!

Jonathan

Trademark infringement can happen when two similar names in the same field clash.
Trademark FAQ

So, for example, it would be a bad idea to call your game Iraqi Strike, since EA could claim that customers might be confused into buying YOUR game, thinking it was part of EA's franchise. While it's not a clear-cut decision, you really ought to ask yourself: "do I feel up taking on EA's lawyers in court?". Also note that any distributors will shy away from that particular conflict as well.

Contacting EA about their IP (intellectual property, in this case the Franchise) would be a VERY bad idea. Not only will you be told to cease and desist (EA takes the integrity of their franchises seriously), but if you continue anyways, EA will probably not be as nice next time, and will land on you with both feet. Same as Nintendo will do if our Pokemon loving friend decides to remake Pokemon Gold after being told NO.

In short.. making an arcady helicopter game, inspired by Desert Strike, and calling it My Strike, is a BAD idea. Changing the name is easy, beating off EAs cabal of lawyers is not. Be smart.

Allan

Quote: Original post by LowRad
Also, in the USA, i was not able to find a Trademark or a Patent on Tetris...

http://tess2.uspto.gov/bin/showfield?f=doc&state=geol5d.2.12

Quote: Original post by __ODIN__
In short.. making an arcady helicopter game, inspired by Desert Strike, and calling it My Strike, is a BAD idea. Changing the name is easy, beating off EAs cabal of lawyers is not. Be smart.

I'm not changing my words, but i need to second ODIN on that!

Quote: Original post by gumpy macdrunken

Quote: Original post by LowRad
Also, in the USA, i was not able to find a Trademark or a Patent on Tetris...

http://tess2.uspto.gov/bin/showfield?f=doc&state=geol5d.2.12

My error then, there still an active trademark on the word Tetris. I apologized.

Jonathan

Quote: Original post by __ODIN__
Trademark infringement can happen when two similar names in the same field clash.
Trademark FAQ

So, for example, it would be a bad idea to call your game Iraqi Strike, since EA could claim that customers might be confused into buying YOUR game, thinking it was part of EA's franchise. While it's not a clear-cut decision, you really ought to ask yourself: "do I feel up taking on EA's lawyers in court?". Also note that any distributors will shy away from that particular conflict as well.

Contacting EA about their IP (intellectual property, in this case the Franchise) would be a VERY bad idea. Not only will you be told to cease and desist (EA takes the integrity of their franchises seriously), but if you continue anyways, EA will probably not be as nice next time, and will land on you with both feet. Same as Nintendo will do if our Pokemon loving friend decides to remake Pokemon Gold after being told NO.

In short.. making an arcady helicopter game, inspired by Desert Strike, and calling it My Strike, is a BAD idea. Changing the name is easy, beating off EAs cabal of lawyers is not. Be smart.

Allan

Ya know what, maybe your right. Now that I really start to look closely at it, a legal predicament with EA or any other well known software giant would most likely give us bad name and a serious financial @$$ woopen. I think I'll take your advice. Thanks.

Here's an interesting article from a similar project, Chrono Trigger: Resurrection. Here's the Cease and Desist letter send by Square Enix's lawyers.

Note that there's usually a 'please stop doing this, or we'll get serious' clause in the letter

Quote:
Accordingly, demand is hereby made that you immediately cease and desist from further development, promotion, sale or distribution of any product which is based on or derived from our client's "CHRONO TRIGGER" games, and that you cease and desist from all use of the "CHRONO TRIGGER" trademark and logo, and all use of images or artwork from "CHRONO TRIGGER" games.

This letter is written without prejudice to the exercise of any of our client's rights and remedies, all of which are expressly reserved. If we do not receive your written response and adequate assurances within ten (10) business days of your receipt of this letter, our client intends to pursue its available remedies, which may include a lawsuit for injunctive and monetary relief, namely, damages, statutory damages, lost profits, costs, and/or attorneys' fees.

There's a good, game-specific FAQ after it.

In this specific case (as opposed to Pokemon Gold), you're just looking at a potential trademark infringement:

Quote:

Question: What is trademark infringement?

Answer: Although different courts have different tests, the central concept is confusion in the marketplace. The law protects against consumer confusion by ensuring that the marks on the same or similar products or services are sufficiently different. A plaintiff in a trademark infringement case generally must prove 1) it possesses a valid mark; 2) that the defendant used the mark; 3) that the defendant used the mark in commerce, "in connection with the sale, offering for sale, distribution or advertising "of goods and services; and 4) that the defendant used the mark in a manner likely to confuse consumers.

While the Pokemon Gold guy would be looking at the entire battery of infringments (Derivative work, trademark AND copyright infringment, etc).

Hopefully that answers the particular "I want to make a fan-version of Game X, who do I contact" question.

Allan

Quote: Original post by LowRad

Quote: Original post by Servant of the Lord
Is it really? I heard that twice befor on this forum, but I guess I should have researched it. Mind giving proof just in case though?

Humm,

First, patent infringement are only possible if you use the entire trademark name since, this is what it been registred.

Second, they cant sue you for Copyright Infrigment, since:
It is not designed or intended to cover the actual idea, concepts, facts, styles, or techniques which may be embodied in or represented by the copyright work... (look my previous post)

Third, nor they can sur you for Patent Infrigment, since: The exclusive right granted a patentee is the right to prevent others from making, using, selling, offering to sell or importing the claimed invention...(look my previous post)

Also, in the USA, i was not able to find a Trademark or a Patent on Tetris...

Jonathan

Ahh... Ok. I did a quick search myself, but came up with nothing. But then again, I also got nothing for sqaresoft and final fantasy. I guess I'll have to take your word for it.

Quote: Original post by Servant of the Lord

Quote: Original post by LowRad

Quote: Original post by Servant of the Lord
Is it really? I heard that twice befor on this forum, but I guess I should have researched it. Mind giving proof just in case though?

Humm,

First, patent infringement are only possible if you use the entire trademark name since, this is what it been registred.

Second, they cant sue you for Copyright Infrigment, since:
It is not designed or intended to cover the actual idea, concepts, facts, styles, or techniques which may be embodied in or represented by the copyright work... (look my previous post)

Third, nor they can sur you for Patent Infrigment, since: The exclusive right granted a patentee is the right to prevent others from making, using, selling, offering to sell or importing the claimed invention...(look my previous post)

Also, in the USA, i was not able to find a Trademark or a Patent on Tetris...

Jonathan

Ahh... Ok. I did a quick search myself, but came up with nothing. But then again, I also got nothing for sqaresoft and final fantasy. I guess I'll have to take your word for it.

not only did i find heaps of final fantasy trademarks, but i found that square has live trademarks on 7 almost identical "squaresoft" logos. [lol]

Quote:
Humm... "patent infringement are only possible if you use the entire trademark name since, this is what it been registred.".

Maybe the ONLY is too much, after reading __ODIN__'s post about Chrono Trigger.
But, in Chrono Trigger: Resurrection's case the game really looked like an expension of some sort for Chrono Trigger.

Quote:
We understand that you are developing “Chrono Trigger: Resurrection”, a 3D remake of our client’s “CHRONO TRIGGER” game which will recreate scenes from the original game. Your conduct in this regard constitutes copyright infringement and, inter alia, violates our client’s exclusive right to prepare derivative works based on its copyrighted work. Your use of the words “CHRONO TRIGGER” in connection with your “remake” and on your web site “opcoder.com”, and your use of logos, scenes, characters and other images associated with our client’s games, constitutes trademark and copyright infringement and false designation of origin.

After reading this paragraph, they [Square Soft] are asking to stop because of copyright infringement not really for trademark infringement.

I mean, i wonder, what would have happen if they [Chrono Trigger: Resurrection's developers] would have develop a game that looked like mario bros instead of a remake.

Jonathan

Asking legal advice on a web forum == big no-no. The people who answer these questions are not lawyers (even if you claim they are, verifying that might be a challenge), and are thus not able to give you anything that could be considered legal advice for your particular situation.

If you really worry about getting sued, ask a real lawyer whom you've hired with real money, or don't do whatever it is you worry about.