I received a letter from apple right now, that ATARI has complained about our game Alien Breakout infringing their Intellectual Property. I answered them and CCed Atari, that I am not aware of any infringement and I want an exact explanation where I infringe their trademark (they complained about trademark) and I will consider the appropriate steps. I think I am not the only one who received such an email.
have you never heard of Breakout??? Atari created the genre with this game http://en.wikipedia.org/wiki/Breakout_%28video_game%29
I know that atari created the genre. I know also, that "breakout" is not equal to "Alien Breakout". I also know that game ideas can't be copyrighted I also know that LimaSky didn't succeed by doing the same with the word "doodle" "Breakout" is a legitime word also to be found in any dictionarry. They didn't create the word. SO they can scratch my balls.
You have what looks a lot like a Breakout clone with the word Breakout in the title. What the hell did you expect?
Quoted for truth. The combination of the name and the very similar gameplay (based on screenshots) likely got you that email.
The funny thing is, they also trademarked "Super Breakout". If they covered everything in computer games with "Breakout" why did they have to trademark "Super Breakout" as a new trademark? If the word "Breakout" can't cover "Super Breakout", then it also can't cover "Alien Breakout" BTW I know for sure that there is at least another guy contacted by ATARI They renewed their trademark this year, so I think that's why they protect their trademark so desperate now. I have no problem to rename my app, but I won't do that just because somebody says so.
You can sink time and money into an epic crusade against Atari, or just change your game's name. Considering your situation, I'd wager the optimal choice is clear.
Just did a quick search at uspto.gov for the "breakout" trademark. Atari has had a live trademark for that exact term since at least 2002 for computer games. They also have live trademark registrations for "super breakout". These facts alone should tell you that you are infringing. If I were you, I'd change the name pronto and pray that they don't go after your earnings which they have the right to. I'm not a lawyer, so you should verify all this with a real attorney. By the way, this is not similar to the "scrolls" trademark issue between Bethesda and Mojang. Here, Atari does have an exclusive right to the term "breakout" for use with computer games since at least 2002.
You are blatantly infringing their live, registered trademark. Plus your above post demonstrates you know virtually nothing about trademark law. I'd suggest "they can scratch my balls" is entirely the wrong attitude here given both those points, and would advise you change the name of your game immediately before you attract more attention and incur any real costs.
Looks like you're not the only one they are going after here... http://forums.toucharcade.com/showthread.php?t=107606 I would be inclined to change the name myself, have Atari responded to you yet?
Yes, I talked to them and they were very nice. I have read up about trademarking in the US and I decided to take down and rename the app. It was not worth of the fight anyway. I still believe, that they have trademark only on the word "breakout" and my app shouldn't be infringing that, but it doesn't matter anyway.
Like one of the previous posts mentions... Atari are going after a whole host of games and websites in regards to their Intelectual Properties. I recently had to remove one of my games (Impact Earth) from the appstore as it was a missile command inspired clone. There were no issues of name violation, or assets or audio violations, but gameplay did take obvious inspiration. So they are actually going after games that have a noticable gameplay similarity...not just names and asset violation. To be honest, I do think its their right to do so... which is why I removed my game without argument. Its completely understandable that they want to protect their properties, and that they want to remove any competing products from the marketplace if and where possible. At least the Atari lawyer was very polite and amicable. If anything, its given me a reason to rework my game, and make it into something more original...
Alien Super Breakout j/k Probably something like "Alien Breaker" or "Alien Invasion" (Invader is probably trademarked too ) or "Alien Intruder" or something like that... I don't know. The game was made in GameSalad and it was an early try to get our feet on to the appstore. It was also very limited in gameplay, because GameSalad is very limited. The origional concept was much more advanced. Maybe we will remake it in objectiveC, but that will take months until we can think about that... if we ever want to remake it anyway. @Chunkypixels: I told them, that I will reupload with another title and they had no argument against that, so I think, it is not the gameplay. They even stated in a letter to another guy on another forum, that they can't copyright gameplay, although they mentioned something that they have the exclusive right to all variations of the gameplay, which I don't believe.
Glad to hear. At least you dont have to change the name of your other apps Packman, Space Invade, Galaxia and GORFF
My friend who made the game This is Pong!(on which I did the sound fxs) received not too long ago an email from them, and he had to remove the game from the appstore. You are not alone...I find the kind of situations pretty stupid. O well...glad that everything is ok for you and my friend.
I don't think your game infringe their trademark, but I understand why they are attacking you. if they were right, all Gameloft's clones would be removed, and same for Wavespark's clone (Tiny Wing) or Papi Jump's clone (Doodle Jump), Crush the Castle's clone (Angry Birds) etc... It's really a shame, it only proves one thing, if you are a small indie dev you will be ripped off by other indies with 0 moral, or destroyed by big guns. Welcome in the App Store baby!
