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I Just Got the name "Bloons!" - Advice Needed

10-17-2009, 12:45 PM
#1
Joined: Aug 2009
Posts: 342
I Just Got the name "Bloons!" - Advice Needed

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!

I make games at PixelCUBE Studios! Follow me @naveen_pcs

Last edited by simplymuzik3; 10-17-2009 at 01:24 PM.
10-17-2009, 12:59 PM
#2
Joined: Nov 2008
Location: Virginia
Posts: 1,045
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

Last edited by HardcoreEricXXX; 10-17-2009 at 01:09 PM.

10-17-2009, 01:01 PM
#3
Joined: Feb 1983
Location: Barcelona
Posts: 1,268,692
Quote:
Originally Posted by HardcoreEricXXX View Post
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.
10-17-2009, 01:09 PM
#4
Joined: Sep 2008
Location: Washington, DC
Posts: 1,151
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...009:5imd50.2.3
10-17-2009, 01:10 PM
#5
Joined: Apr 2009
Location: Pygmy Island
Posts: 1,810
Quote:
Originally Posted by Hodapp View Post
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.

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Quote:
Originally Posted by nodoctors View Post
i find quirky old men to be appealing. as main video game characters i mean.
10-17-2009, 01:16 PM
#6
Joined: Feb 1983
Location: Barcelona
Posts: 1,268,692
Quote:
Originally Posted by saintsalive View Post
Agreed. I'm no dev
What do you call Blinks? That game owns.
10-17-2009, 01:28 PM
#7
Joined: Aug 2009
Posts: 342
Quote:
Originally Posted by saintsalive View Post
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!

I make games at PixelCUBE Studios! Follow me @naveen_pcs
10-17-2009, 01:32 PM
#8
Joined: Sep 2008
Location: Los Angeles, USA
Posts: 722
Why did this even cross your mind as a usable name??
10-17-2009, 01:36 PM
#9
Joined: Aug 2009
Posts: 342
Quote:
Originally Posted by spacecowgoesmoo View Post
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).

I make games at PixelCUBE Studios! Follow me @naveen_pcs
10-17-2009, 02:33 PM
#10
Joined: Sep 2009
Location: UK / Toronto
Posts: 602
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?