I am managing a small group of folks working on a game. I have doubts that the working title we have is 100% legal (copyright-wise) and would like some feedback from those more knowledgeable that I. 1. Our game features a few androids, one of which does not know he is an android. 2. The working title of the game is "Dreams of Electric Sheep". 3. This is a play on the novel entitled "Do Androids Dream of Electric Sheep?" by Philip Kindred Dick, first published in 1968. a. The movie "Blade Runner" is based on this book. 4. The plot, story and characters have absolutely no similarity to the book other than the fact that a few of them are androids. So, does this title violate the rights of the rights holders to "Do Androids Dream of Electric Sheep?" My backup title is "Electron Dreams" (which as far as I can tell is not trademarked, but is the title of two web sites). This title conveys the same artistic intent. The only difference is that it lacks the pop-culture reference. That's why I have doubts about the original title: it depends on a reference to another published work to fully convey its meaning. I just want to do the right thing here. Thanks, QBRADQ

The only way to know for sure is to consult a trademark lawyer.

What about just "Electric Sheep". The reference is starting to get pretty obscure, and since the game actually has nothing at all to do with electric sheep, it makes it kind of funny I think (unless funny is not the goal, of course... but there's no reason a serious game can't have a funny name)

Quote:

Original post by Codeka 2. The only way to know for sure is to consult a trademark lawyer. 1. What about just "Electric Sheep". The reference is starting to get pretty obscure

1. Most lawyers would probably disagree (most of the lawyers I've met usually counsel a risk-averse approach).
2. Yes, absolutely consult a lawyer.

Quote:

Original post by Tom Sloper Quote: Original post by Codeka 1. What about just "Electric Sheep". The reference is starting to get pretty obscure 1. Most lawyers would probably disagree (most of the lawyers I've met usually counsel a risk-averse approach).

Quite possible, and I guess that's why you shouldn't be asking for legal advice from game developers :-)

qgb wrote:
>Legality of Game Title, Feedback Requested

You should also read the numerous other similar recent posts:
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Game naming legality.

Quote:

Original post by Codeka Quote: Original post by Tom Sloper Quote: Original post by Codeka 1. What about just "Electric Sheep". The reference is starting to get pretty obscure 1. Most lawyers would probably disagree (most of the lawyers I've met usually counsel a risk-averse approach). Quite possible, and I guess that's why you shouldn't be asking for legal advice from game developers :-)

Which is why I'm here. :)

You can find some clarification with regard to permissible uses of trademarks here.


In your case there's a possibility of a fair use defense. However, do be mindful that a defense is only useful if you're being sued.

The Blade Runner point has no bearing unless your game references that film in some way. However, you said your game has no similarity to the book. It therefore stands to reason that it has little to no similarity to the movie. The only way you could get into trouble as far as the Blade Runner IP is concerned is if a) "Do Androids Dream of Electric Sheep?" is an alternative title to the film or b) you change the game title to Blade Runner.