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The video game Battlerite, a free to play team brawler, includes a hero called "Destiny", essentially named after the Destiny video game franchise. Is this legal, and why it is not a trademark infringement?

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    \$\begingroup\$ Voting to close as duplicate as it essentially the same as Is it legal to use car manufacturers' names in a game? \$\endgroup\$
    – Pikalek
    Jun 25, 2022 at 14:51
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    \$\begingroup\$ In general, does X infringe on Y is determined by context & when needed, the court system. Legal where? Things that may be legal in on place might not hold in another. Do they know? Sometimes it's up to the IP holder must discover violations & enforce their rights. What's the intent? Some applications might be legal (Destiny is a common enough name) & others not (if Battlerite appears to be leveraging the Destiny franchise popularity for its gain). These are just some of the issues potentially at play; complex legal questions are best directed to legal professionals. \$\endgroup\$
    – Pikalek
    Jun 25, 2022 at 15:01
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    \$\begingroup\$ What is the difference between this question and your previous question? \$\endgroup\$
    – Vaillancourt
    Jun 25, 2022 at 17:02
  • \$\begingroup\$ This does not look like a question about how to develop a game, but a question about law you should ask a lawyer. This site draws experts in the making-a-game parts of game development. If you want an expert in trademark law, you're much less likely to find them here than on dedicated legal sites. Trademark law does not take on a separate "game version" that only game developers know about if the supposed violation happens to occur in a game, so I don't see any reason to bring this question to a gamedev site rather than to a trademark lawyer. \$\endgroup\$
    – DMGregory
    Oct 28, 2022 at 23:30

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I'll start by saying that I'm by no means a legal expert and that your question will be much better answered in the Law Stack Exchange.

That being said, from my understanding of the U.S. copyright and trademarks laws, it depends on the specifics of the use of the name. As you seem to know, names aren't under copyright, but under trademarks. In order to keep your trademark, you need to defend it, otherwise you'll loose it. This is why the Elder Scrolls sued Mojang for the use of Scrolls in the name of one of their games. They needed to do so to keep their trademark, but they lost because Scrolls is too common of a word to be kept by one person. Also, remember that the trademark law is meant to benefit the consumers, not the companies, to make the products differentiable. So if the two products, or the use of the name in both cases, is easily differentiable, it should not be a trademark infringement. In your case, unless Destiny clearly refers to the game or one of its characters, I don't think it would be a trademark infringement. Imagine if all books using the word destiny could to be sued for that, it wouldn't make any sense.

But remember that I might be completely off, especially if you're not talking about the U.S., in which case I refer you to Law Stack Exchange (linked earlier) or to your relevant jurisdiction's website to read the actual laws, such as:

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