Hi all,
When i set out making my game "firework factory" back in 2010, there was nothing else on the market with the same name. Mobile gaming was only just really taking off, so google had not been flooded with results, and the closest google results relating to gaming were a level on Spyro the Dragon, an old playstation game.
This week when i came back to this project a google search has revealed a game produced for android called "Firework Factory - Crazy fun" which although the concept is entirely different, the appearance of the game different, and it is part of a set of simple kids games, i do believe the name is likely to cause confusion, even though i don't intend to distribute my own game on android or any other mobile platform.
So, my question is twofold:
Firstly, do i legally need to rename my game as common courtesy, even though i have been developing it for 5 years before this upstart appeared (just to clarify, i don't know if they've registered a trademark, and i certainly haven't).
Secondly, if i am not legally bound, is anyone else here in the opinion that i should rename my game (i personally am of the opinion that i should, although it is an inconvenience).
Comments more than welcome. If it turns out i should rename my game, i will probably be opening a second thread brainstorming for a new name (as i am useless and naming things!)