Hey everyone. I am currently working on a game project and I have already decided on a name for my game. I just did a google search on the name of my game and to my dismay, another game of the same genre came up with the exact same name as mine. The thing is, on this game's webpage it clearly stated that the game is currently under construction and is in no way completed. If I release my game with it's current name could I get into trouble for copyright/trademark infringement?

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Original post by leif_dragon Hey everyone. I am currently working on a game project and I have already decided on a name for my game. I just did a google search on the name of my game and to my dismay, another game of the same genre came up with the exact same name as mine. The thing is, on this game's webpage it clearly stated that the game is currently under construction and is in no way completed. If I release my game with it's current name could I get into trouble for copyright/trademark infringement?

If its a registered trademark, then yes.

If it is already registered trademark, then yes, you would be violating a trademark. You can try the US Trademark Electronic Search System (TESS) to see if it is registered in the US, but it may be registered in another country though. Google for it.

Trademarks may be registered in many countries (don't confuse trademark with copyright) and this is why trademarks are a big pain in the a@# even for big companies, being this one of the reasons you should ask a lawyer.

Cheers
Dark Sylinc

Hmm.. Well the search didn't find anything. I think that I will probably be safe though. The reason is because the webpage that was for the game, looked to be a very old page. No links worked on it and it looked very low budget and possible abandoned. This however just gives me more inspiration to double my efforts in developing my game!

Thanks for the helpful responses guys!

A trademark doesn't need to be registered for at least some trademark protection to attach under most countries' laws. Registration (as is the case with copyright) entitles U.S. registrants to statutory damages, and the protection of unregistered marks varies greatly from region to region (as well as when that unregistered mark is subject to protection). Injunctions and declaratory relief are still available even if the trademark owner hasn't registered. Trademark protection attaches once a name is used "in commerce", although some courts will also protect bona fide good faith intents to use in commerce (i.e., the under construction statement may evidence good faith intent, provided the eventual use in commerce via publication takes place within a reasonable time).

Tread carefully.