My team is working on a game and we are confused about the whole game title issue. Every possible name seems to be taken by some website, book, movie, show, company, game, etc. At times there is dozens of different things with the same name. E.g. Horizons the game, Horizons rooftop repair, Horizons Computer Repair Service, etc. etc. We have come up with a name which we want to use and have searched the web and have found only one product that has the same name. There is a book with the same name as what we like to call the game. The book is not very popular at all and I was only able to find two websites regarding the book after much web searching. One website is about the book, the other is a website reviewing the book and the critic has the same last name as the author so it seems to me like this isn''t in anyway a very professional book. Seems like there is one person who wrote and drew cover art for her book and it doesn''t at all seem popular or professional. Anyway, basically what I am asking is if we can name our game title the same thing without facing legal issues later? Can a name only be used with one product and never again? If thats the case, there is millions of books, movies, companies, etc. out there and how could anyone find a name that has never been used? Thanks in advance.

In reality, you can use any name you want. If the title to a company or name of a game has no indication of any kind to show that is has a trademark, registered trademark, or service mark then you can use the name. If you have used a name incorrectly, the chances are that you''ll go to court are slim to non, unless you''ve used a name from ex. Microsoft. They''ll "beat you down" for what you did, but most of the time if you do run into this problem, just change the name. That''s why it''s always best to advertise, then if a problem comes up, you can change it.

First off, fit your legal disclaimer of choice here. (ie. IANAL)

With that out of the way, you need to understand that trademarks only apply to a certain industry. In other words, you could make a tractor and call it Pepsi, and as long as you can prove you aren''t trying to take advantage of the soft drink maker''s brand recognition, it would be perfectly legal.

That said, what the other posted mentioned bears repeating. If they have no trademark, semi-mark, or any other symbol next to the name, then it''s fair game. Also, you can''t trademark common terms (supposedly, anyway) so if that''s the name of your game (calling it The Game, for example) you''re free and clear.

In general, it''s rather easy to use a title as long as you aren''t intenting to rip someone else off by doing so. The hard part is thinking of the name in the first place : )

Silvanis

Trademarks and brand names only apply to specific images used to represent specific products. If, for instance, painted the Pepsi(R) trademark that is on the can of soda on your tractor and sold it that way, you''d be liable for a lawsuit. If you make your daughter draw the word Pepsi in blue crayon, you wouldn''t. Get the idea?

Interesting..

So without a trade mark its fair game for all and trade mark only covers logos?

In my case, no (R) anywhere on the website''s logo, the book''s cover title and logo and nothing of the sort. The only thing is a copyright notice at the bottom of the webpage stating all rights reserved. This is the type of copyright notice seen on practically every decent site. There is also a picture of the book cover somewhere on the website and under the picture, it states "cover design © 2001". Am I safe for using the name or is there any chance of legal issues?

On a site note, does anyone out there know of two products that have the same name?

Thanks alot everyone.

If you are going to a website and ask for legal advice you are inviting trouble. There are many ways to skin a cat, but be sure, the lawyers will find one to rip you to small pieces. Actually you did all you can do right now, if its a hobby project and you don''t want to spend any money for it. Anyway before someone gets sued at least one party needs to be interested in going to court. Propably nobody will be interested in that. But you will need to live the next years with this fear.

quote: Original post by Jester101
If you are going to a website and ask for legal advice you are inviting trouble. There are many ways to skin a cat, but be sure, the lawyers will find one to rip you to small pieces. Actually you did all you can do right now, if its a hobby project and you don''t want to spend any money for it. Anyway before someone gets sued at least one party needs to be interested in going to court. Propably nobody will be interested in that. But you will need to live the next years with this fear.

Hmmm, I wouldn''t want to take any chances and will simply pick a name that has never been used, as hard as that is to find.

Thank You

Wait! No need to chance your choice.

It doesn''t matter if a book -unknown or not- uses the same title as your chosen title,

1. The copyright notice on the books website pertains to the contents of the book. The ONLY way to prevent anyone from using the title for another book is to trademark it, which it appears they haven''t done. So you''re safe.
2. Trademarks do NOT span across different products automatically. A book is a different ''class'' from a game and so EVEN IF the book title has been trademarked, your game title is safe unless the book title has been trademarked in other classes -groups- including games. Which I bet it is not. So you''re safe again.

One word of warning: The above poster is not correct in saying that as long as you don''t copy the logo all is fine. This is not true. You are infringing on a trademark if you are offering a service that has -almost- or the same name or could confuse customers, You cannot even use the name Pepsi on a drink, a doormat, a mug, a car or whatever since you can bet that they have trademarked all those groups. The logo design is actually an additional feature, so you cannot even create a game that uses a logo similar to the Pepsi logo but with a different name without likely getting sued. Trademark infringements are severe and you are liable for several x the amount you made selling the item.

But like I said, you should be ok if the book''s name is not trademarked in the class of computer software/games. Do a trademark search and if it doesn''t show up, go ahead and use the name. Stick a TM sign next to the logo. This is an intent to use -although you must actually register with the Patent and TM office to get an R. Which takes approx. 1-2 years, costs 650 USD for the application, and several hundred USD for additional payments once your mark has been approved. You''ll also need to provide proof of use in commerce. In other words, don''t register unless you''re very serious about using the mark in commerce.

HTH ,