46
votes
What are the implications of releasing without a trademark?
You should release.
A trademark allows you to protect a name. You're more likely worried about your game, its concepts and art assets. You likely haven't spent a lot of time building up a brand, ...
14
votes
What are the implications of releasing without a trademark?
There are different kinds of trademark, normal (™) and registered (®). Registering a trademark is overkill for most cases. Even huge studio's don't always do it.
A normal trademark does not need a ...
10
votes
Accepted
Can I use "Finding Dori" as my ios game title?
"Finding Dory" is a registered trademark by Disney Enterprises, Inc. You can look that up on the US Patent and Trademark Office.
A trademark is also violated when you use a name which is so similar ...
8
votes
Accepted
Can I publish a game with a name similar to a videogame developer?
“Lucid” might or might not be ok for you to use.
They may argue it may create confusion in users and send a cease & desist.
Note: some companies may even send a cease & desist without a good ...
7
votes
Can I mention other games' titles, characters, maps, weapons etc. in my game?
First of all, I am not a lawyer, so I can not provide legal advise. When you are serious about this, do not rely on legal opinions of anonymous strangers on the Internet. Consult a real lawyer.
There ...
6
votes
Accepted
Is 2048 a registered trademark?
In the US, a trademark is a word, phrase, symbol, design, or combination thereof that helps consumers identify a particular product.
If you register a trademark, you have legal grounds to prevent ...
6
votes
Using trademark or famous game characters for free (related to collaboration)?
While it is theoretically possible to end up with such an agreement (they sue and you negotiate this as a settlement), you should not bet on it.
You obviously violated their copyright and their ...
6
votes
Using trademark or famous game characters for free (related to collaboration)?
Absolutely not. Do not do this.
A general rule of thumb, is that you should not use or reference any property that you do not exclusively own, e.g. you should not even be saying "This game is like a ...
6
votes
Unity remove logo in splash screen
The option to remove the Unity logo from the splash screen is one of the perks of the paid tiers (Plus and Pro).
So the simple answer is: pay for Unity, and you can use the built-in features to turn ...
5
votes
Accepted
Intented name for my game already exists as a book title
Having the same name is fine so long as they are obviously distinct entities with no intention of causing confusion for gain (and some kinds of trademark registrations can also cause problems). If the ...
4
votes
Trademarks - a couple of questions
I suggest that you contact someone who is able to perform a trademark analysis of the name that you've chosen. It is important to know if the name you have chosen is protected in the corresponding ...
4
votes
How can I handle intellectual property violations in user-generated content?
I'm not a lawyer, this is not a legal advice site. Opinions, here, are just that: opinions. To have a definitive answer, you should consult a lawyer.
I know that under parody law [...]
I would ...
4
votes
Accepted
Using trademark or famous game characters for free (related to collaboration)?
Another reason why this is not a good plan: think about the people.
I doubt you have a lot of funds to make that game, and as @Philipp already pointed out, to make a game that DC would be ready to ...
4
votes
In my browser game's website description, can I use a title of another game?
First up: I am not a lawyer, and the following is not legal advice. For legal advice, you should always consult a lawyer.
Drawing from Examples & Explanations for Intellectual Property by Stephen ...
3
votes
Game title having 2 similar words with another game
Trademark law doesn't offer a yes/no answer in this case.
Can they sue? Yes. Can they win? Yes.
Will they sue? Only one way to find out. Will they win? Only one way to find out.
Will it cost you ...
3
votes
Accepted
Unity remove logo in splash screen
The exported game still includes the Unity engine Software.
Unity are the ones that should be contacted with request for clarifications and executing a separate agreement that would let you move the ...
2
votes
Can I publish a game with a name similar to a videogame developer?
The first thing to note is that users here are mostly game developers, not lawyers, and won't necessarily have detailed knowledge of the jurisdictions that would apply to you. Since I'm not a lawyer, ...
2
votes
What are the implications of releasing without a trademark?
As someone who has been through this with my own software, I would strongly recommend that you register your trademark ASAP with the USPTO.
Our product has been out for 20+ years, and just recently ...
2
votes
Accepted
Copyright/property rights to using the Certificate 18 movie logo on your game or artwork without permission?
Legally, the short answer is no, you cannot just use them. Using their labelling suggest that they have vetted & rated your product, which is presently not the case. They regulate usage their ...
1
vote
Can I use unique names from other media within my game?
First off, disclaimer: I am not a lawyer, nor am I a very knowledgeable person on this matter, but here's what I believe is correct.
Alright, with that out of the way. As Vaillancourt said, this ...
1
vote
What is the legality regarding allowing players to mod a game with real-life players in a sports game?
They can mod any name into the game as they please. If the original product of the game uses fake names, and a user edits them to be real, that shouldn't effect you because it is a modification of the ...
1
vote
Can i use the same name for a spell in my game that already exists in another game
we may not be the most suitable to answer. It would be best to go to a lawyer whose specialty is copyright.
But I will try to contribute my 2 cents to the subject, remembering how little I have been ...
1
vote
Can i use the same name for a spell in my game that already exists in another game
Unfortunately your question is too vague to answer in depth. Trademarks are governed based on laws that originate from countries, so what is legal in one country may not be legal in another. As a ...
1
vote
Is 2048 a registered trademark?
The trademark "2048" is protected in class 9 for "games" by a few different companies. The most known one is Ubisoft who has registered the name in. 2015 in both the EU and in the US.
With a ...
1
vote
What are the implications of releasing without a trademark?
first off, IANAL so be aware. That said...
"Safely" is a relative term. I mean, the main thing a registered trademark protects against is someone scooping up your game's name, and even then you're ...
1
vote
Can I publish a game with a name similar to a videogame developer?
Before I answer, a disclaimer; I am not a lawyer, and the law is often fickle. You can be sued for practically anything; as long as the other side is willing to front the legal fees. You should always ...
Only top scored, non community-wiki answers of a minimum length are eligible
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