Game Title Infringements?

[Rickard]

Hi I'm currently working on my first iOS game and have some question how copyright rules for the title of a game works:

* I came up with a title I really liked but found a pc game (fairly unknown, available on Steam) with a very similar title. Only difference is that I will have an "A .." at the start.
So if their game is called "Massive War" my game will be called "A Massive War". Graphics and gameplay are completely different between them. Do I need to find another title?

* How is it decided who owns the right to a title. If I make some blog posts using my game's title (or is that a big no-no?) a couple of months before it is released, can anyone release a game on the app store using my title as long as they do it before me?

[Rickard]

I just saw a similar thread is already discussing this and you can apparently block your game title on the appstore for 90 days. But question still remains, do I need to change my title?

[CharredDirt]

I'm not a lawyer but seeing as its another video game with almost an identical title, I'd probably steer clear. If it goes to court, you'd most likely lose based on the game being established well before yours.. Not a good position to find yourself in especially if your game does well. If it was a movie or a board game or something, you could probably get away with it but another video game with the same name probably makes it a no go.

I worked for a place that went through a similar battle. They called themselves "The American Hobby Shop" Another place in NY was named America's Hobby Shop sent cease and desists saying that the name was too close. I don't recall the outcome.

[Rickard]

That makes sense and also what I suspected. Guess it is back to brainstorming..

[Eoghann]

Thread discussing same thing:

http://forums.toucharcade.com/showthread.php?t=103200


Quote from Wiki:

"In many countries, but not in the United States, which recognizes common law trademark rights, a trademark which is not registered cannot be "infringed" as such, and the trademark owner cannot bring infringement proceedings. Instead, the owner may be able to commence proceedings under the common law for passing off or misrepresentation, or under legislation which prohibits unfair business practices. In some jurisdictions, infringement of trade dress may also be actionable."


Basically yeah, think of another name, sorry. Coz whether it's trademarked or not, they'll find a way to mess with you.

[Hercule]

First if he talk about his game name on his blog long before the other game, I don't see why he don't get the copyright of the name?

And I don't see why he can't deposit the trademark, if no one has already done it ?

[Jaeff]

The name has to be absolutely brilliant and outshine everything else for it to be worth the extra work that might come from using it. I would say it is not worth the extra risk of having to laywer up.

[Raines]

Yea I agree on playing it safe and choose another name...