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View Full Version : I Just Got the name "Bloons!" - Advice Needed

simplymuzik3
10-17-2009, 12:45 PM
Hi everyone. We are currently making a new app and some of our name choices were already taken. We kept trying different names and then finally "Bloons!" (without the quotes) worked! Will we get into any trouble by using this name? Does Ninja Kiwi own the copyrights to the name? We just took their name "bloons" and added an "!" to the end of it. Are we allowed to do this? I just want to make sure so that we don't get into any trouble! Thanks!:D
HardcoreEricXXX
10-17-2009, 12:59 PM
You should consult with a lawyer who specializes in TM, patents, and copyrights. I like to live by the rule, if it's too good to be true, it probably is. If I wasn't planning on the app being popular, I probably would take my chances. But if it did get popular, and Ninja decided to take legal action, capital (time and money) will be lost defending yourself, for counsel, compromising, marketing a new name, redesign, resubmission, etc
Hodapp
10-17-2009, 01:01 PM
You should consult with a lawyer who specializes in TM, patents, and copyrights.

Or come up with a name for your game that isn't a direct ripoff of another (very popular) game. ;)

It's going to look very very bad.
nattylux
10-17-2009, 01:09 PM
Let me spare you a lot of trouble. Here's what's going to happen if you use that name:

1) Your app will either be immediately rejected, or

2) As soon as your app is up, someone will alert Digital Goldfish, who licensed the game and name from Ninja Kiwi

3) They will send you a scary cease and desist for violating their trademark and contact Apple

4) Apple will immediately remove your app

5) And you're back to square one.


There's really no need to get into legalities here, because I can guarantee you that the above will happen. But if you want legalities, here's a registered trademark for Bloons:

http://tess2.uspto.gov/bin/showfield?f=doc&state=4009:5imd50.2.3
saintsalive
10-17-2009, 01:10 PM
Or come up with a name for your game that isn't a direct ripoff of another (very popular) game. ;)

It's going to look very very bad.

Agreed. I'm no dev but from a customer's point of view, I'd rather buy a game that doesn't sound exactly like another game, because unless I knew that you guys decided on that and weren't trying to copycat Bloons it'd look like you were major copycats.

What is the game about? Maybe we can help come up with names for you so you can avoid this.
Hodapp
10-17-2009, 01:16 PM
Agreed. I'm no dev

What do you call Blinks? That game owns.
simplymuzik3
10-17-2009, 01:28 PM
Agreed. I'm no dev but from a customer's point of view, I'd rather buy a game that doesn't sound exactly like another game, because unless I knew that you guys decided on that and weren't trying to copycat Bloons it'd look like you were major copycats.

What is the game about? Maybe we can help come up with names for you so you can avoid this.

Bloons! wasn't the original name we had. We tried our first few options and they were all taken (even though we couldn't find anything with those names on the App Store). The game is a casual pick-up and play shooter. Not a FPS shooter but more of a game where its about reaction and getting the high score. If anyone has any name suggestions, we'd be happy to listen! Thanks for the comments so far!
spacecowgoesmoo
10-17-2009, 01:32 PM
Why did this even cross your mind as a usable name??
simplymuzik3
10-17-2009, 01:36 PM
Why did this even cross your mind as a usable name??

Because when I went into iTunes Connect and added a new application, the name was available. Apple allows each app to have a different name, even if it's similar to an existing one. I realize the Ninja Kiwi probably has the trademarks for the name, which is why I am currently looking for another name (our other options were taken).
EssentialParadox
10-17-2009, 02:33 PM
Just curious, did you come up with the name and then discover it was being used, or did you already know about Bloons and felt it fit your game as a title?
simplymuzik3
10-17-2009, 02:38 PM
Just curious, did you come up with the name and then discover it was being used, or did you already know about Bloons and felt it fit your game as a title?

We originally wanted nothing to do with "Bloons". We know the game and love it. But then after trying so many things with the word "Balloons" they were all taken. At the end we decided to just try Bloons! (we thought we had no chance), but when it said the name wasn't taken, we were all amazed! Now we have the name, but we don't really want to use it for our app because of possible trademarks.
ferb12321
10-17-2009, 02:53 PM
Loon' shootin'
is that a good idea?
NickFalk
10-17-2009, 03:16 PM
"Boomballoon"
Uptown Arts
10-17-2009, 03:24 PM
Not a "possible", the name is trademarked for sure: Bloons at the US Patent and Trademark office (http://tess2.uspto.gov/bin/showfield?f=doc&state=4002:3iuk2i.2.3)

If the guys who own the name are nice, they'd file a DMCA takedown notice with Apple. If they're not, they'd wait 'till you'd made some money before they sued.
ChaoticBox
10-17-2009, 03:46 PM
Now we have the name, but we don't really want to use it for our app because of possible trademarks.
There are far better reasons not to use the name, e.g. not being total dicks :D
sticktron
10-17-2009, 04:46 PM
@Frank Lol, you said it brother!
Have some ethics, just because you CAN is not a good reason in and of itself.
nightbeaver
10-17-2009, 05:29 PM
Not a "possible", the name is trademarked for sure: Bloons at the US Patent and Trademark office (http://tess2.uspto.gov/bin/showfield?f=doc&state=4002:3iuk2i.2.3)

If the guys who own the name are nice, they'd file a DMCA takedown notice with Apple. If they're not, they'd wait 'till you'd made some money before they sued.i wish everyone would stop talking about lawsuits and things because it is rare that anyone actually does sue anyone. filing a lawsuit costs money whether you win or lose, its usually a big waste of time and money. about the only people who actually threaten to file a lawsuit are the ones who have made a career out doing it and the most they do is threaten. the most they will do is send you a letter telling you to stop selling the app using the name then. they cant wait until you have made a little money because that would mean that they were not defending their trademark properly and that could result in them losing that trademark at the very least it would weaken their case. however if they send you that letter and you blatantly disregard it and continue to violate the trademark then they would have to take further action either sending more letters or maybe a lawsuit. this is also because of that same obligation to defend the trademark. i would say it is best not to use the name because it would most likely violate the trademark because the name "bloons!" is very likely to cause confusion among consumers which would force the developers of "bloons" to action. also it could cause bad sentiments with potential customers losing you sales
jasonsmith
10-17-2009, 05:53 PM
After spending all the time on the game why not spend a little more on an original name that you can be proud of.
simplymuzik3
10-17-2009, 07:16 PM
After spending all the time on the game why not spend a little more on an original name that you can be proud of.


I don't think anybody really read the first post properly. We tried looking for other names but they were all taken. We don't plan on using the name, but we just thought we would check to see if it was even a possiblity as a last resort. We will not use the name for our app store release but we just wanted to see what everyone had to say about it :)
xdanleex
10-17-2009, 07:30 PM
i would think of something else beside Bloons! i mean when someone looks at the name, they would clearly think its a new bloon game only to find they used ninjakiwi's name and get pissed off... try something else
ElectricGrandpa
10-17-2009, 08:09 PM
Even if it were perfectly legal, it would be a horrible idea to take their name.

I think it's crazy that Apple allows you name your app "Bloons!", but nobody can use the word "bloons" as one of their keywords :)
MindJuice
10-17-2009, 08:18 PM
I don't think anybody really read the first post properly. We tried looking for other names but they were all taken. We don't plan on using the name, but we just thought we would check to see if it was even a possiblity as a last resort. We will not use the name for our app store release but we just wanted to see what everyone had to say about it :)

No, I think we read the post just fine. Everyone is telling you not to consider it at all, even as a last resort. The amount of negative backlash that you will get will render all your work on your game useless as almost nobody will buy it.

I think from the amount of negative feedback you've seen here already you won't do it. :)
Syndicated Puzzles
10-17-2009, 10:56 PM
Baloony
Mew2468
10-17-2009, 11:14 PM
So your game is a casual FPS that involves balloons? Sounds interesting - I'll definitely pick it up. How about Balloon Fire for a name?