Timeline for Will using similar/exact name to a current Marvel superhero name for your game be a problem?
Current License: CC BY-SA 3.0
9 events
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Feb 7, 2016 at 23:12 | comment | added | Jon | Since your creation will only have the name of their character and not their associated powers, costume, backstory, universe, etc., you are most likely protected by factor 3. Also, you are not trying to incorporate their character into your story (as a direct substitute for their story) and are likely protected by factor 4. Factor 4 also suggests that DC would have to provide evidence of actual, significant, damages their franchise suffered due to your use of their character's name. | |
Feb 7, 2016 at 21:22 | comment | added | KubiK888 | I would like to clarify, I am not trying to incorporate their characters into my games, I would like to create all my own characters, but for the title of the game, I was thinking about using "Beyonder" since I like the word "beyond" and one of my favourite bands is called "Beyond", then I realized there is a marvel char called "Beyonder" so I wonder if I could still somehow used it by say adding the ex in front of it. I found it absurd they even own their rights to character names, it doesn't take a genius to add "er" to common words. But yeah, should prolly be safe than sorry. | |
Feb 7, 2016 at 18:12 | comment | added | Jon | en.wikipedia.org/wiki/Fair_use - Even if you make every effort to fully comply with everything listed, you will be sued, just in case, and you still can't afford it. You'll have better chances of them being cooperative if you avoid canonical catastrophe's - i.e. a main character permanently dying - because they would, then, have to honor your plot-line, rather than you honoring theirs. Instead, focus on a side-/back-story, or dramatizing gaps within the existing canonical arc(s). i.e. They might be more willing if your game fills in the gap between Movie1 and Movie2. | |
Feb 7, 2016 at 17:59 | comment | added | Jon | Trademarks, Patents, etc. don't actually protect anything from anyone; they only provide a recourse to the owner AFTER the ideas have already been stolen. In other words, DC cannot stop you from integrating their characters into your game. They CAN, however, stop you from SELLING your game if you haven't paid any astronomical licensing fees due. Regardless of whether they "can" protect certain ideas or not, you will be sued with the assumption that they "can", knowing that you are unable to afford the battle. They win by default and you become homeless. | |
Feb 7, 2016 at 17:32 | answer | added | MAnd | timeline score: 2 | |
Feb 7, 2016 at 14:49 | answer | added | Philipp | timeline score: 1 | |
Feb 7, 2016 at 7:46 | history | edited | Kromster |
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Feb 7, 2016 at 7:41 | review | First posts | |||
Feb 7, 2016 at 11:55 | |||||
Feb 7, 2016 at 7:38 | history | asked | KubiK888 | CC BY-SA 3.0 |