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I have found 2 games that have similar title called City Racing and City Racing 3D. Why this game have a same title? A Russian developer EA Group creating this game before the Chinese developers does. 3DGames and Feamber are a Chinese developers, they creating a game that similar title called City Racing 3D.

Logos:

City Racing Logo 1 City Racing 3D Logo

Gameplays:

City Racing PC City Racing 3D Android

What is the difference between City Racing and City Racing 3D?

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    \$\begingroup\$ Because they wanted to call it that. As per how are they allowed, it is likely that whoever used the name first didn't register a trademark (By the way, in my personal opinion "City Racing" is a very generic name), or if they did, very likely they didn't do it in the country of the other developers (it can be expensive and complicated to register in some countries). Or perhaps, they do have the trademark and we are looking a posible case of violation, which would have to be settled in a court, not here. \$\endgroup\$
    – Theraot
    Nov 13, 2022 at 6:18
  • \$\begingroup\$ @Theraot I think that's worth posting as an Answer. \$\endgroup\$
    – DMGregory
    Nov 13, 2022 at 12:20

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The other answer is incorrect. It's not actually required to register a trademark in order to enforce it. You can legally enforce an unregistered trademark as soon as you start "using the name in commerce", or in other words the moment you start to sell your game. Registering a trademark serves as a way to secure a trademark before you release your game and can make certain legal proceedings a bit easier, but it is certainly not required. Whenever you see a company use the ™ symbol instead of the ® symbol after a product or company name, they decided to save the money for a trademark registration and purely rely on the automatic protection of the name through use in commerce. And no, it's not required either that you wrote the name of your game with a ™ every time you mention it. The ™ is just a warning for others that you consider this your trademark.

For more information on trademarks I recommend the video "Practical IP Law for Indie Developers 301: Plain Scary Edition" from GDC 2018. The section on trademarks begins at 12:35.

So whoever released their game first should now theoretically be able to sue the other for trademark infringement.

Why doesn't that happen?

Well, trademark lawsuits are voluntary. You can sue people who use your trademark, but you are not forced to. It is very well possible that they are not aware of the other game, or if they are they don't consider it worth their time and their money to take legal actions. Or perhaps they did write them and they came to an agreement that the second game may use the trademark.

Also, such lawsuits can be rather expensive, especially when you are suing someone in a different country. And on top of that, you mentioned that one company appears to be in China and the other in Russia. Both are countries with civil court systems with a reputation for a very strong national bias. They very rarely decide in favor of a foreign company suing a domestic one. So it is possible that their lawyers advised them that taking legal actions will probably not be worth it in this case.

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  • \$\begingroup\$ okay, I know that. the City Racing is an open world racing game for PC developed by Russian developer EA Group and published by GameTop and City Racing 3D is a mobile racing game for Android and iOS developed and published by Hong Kong developer and Chinese developer, 3DGames and Feamber. the City Racing 3D Android game looks like a fast paced arcade racing game and the City Racing PC game it looks like an open world racing game just like GTA game. I see on MobyGames, City Racing for PC was released in 2008, and City Racing 3D for Android and iOS was released in August 2014. \$\endgroup\$ Nov 15, 2022 at 13:24
  • \$\begingroup\$ @MuhammadOkky6486 Well, in that case "EA Group" could try to sue "3DGames" for trademark infringement, because they sold a game under a confusingly similar name first. But I guess that they would rather prefer to stay below the radar, or they might have to defend against another trademark dispute with a certain other game company regarding their company name. \$\endgroup\$
    – Philipp
    Nov 15, 2022 at 14:17

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