Advertise here

  Talk Arcades > Community > Talk Arcades

Welcome to Talk Arcades, the premier forum for arcade webmasters.

You are currently viewing our boards as a guest. By joining our community you will be able to make posts, communicate privately with other arcade webmasters and talk advantage of the GameFeed™ Distribution Network for 1-click installation of games into your arcade.

Registration is easy, so please join us today!

Reply
 
LinkBack Thread Tools Search this Thread
 
Old 05-23-2012, 12:33 AM   #1 (permalink)
outcast
New Member
 
Join Date: May 2012
Posts: 9
outcast is on a distinguished road


Question What to think about when picking a name?

I have never really understood how it works with game names and the "grey areas" involved.

Some things I wonder abut (I will use the name Angry Birds just as an example):

1. How do you guys go about when picking a name for your game? How do you make sure it has not been used before? Do you just go on google and do a quick search or is there some database you can look in to make sure its not taken?

2. When you have made sure there is no other game out there with the name you choose, and you decide you want to use it, how protected is it? For example, Angry Birds is a trademarked name now. But what if they did not trademark that name, could some other person or company that saw the success of Angry Birds do their own completely different game named Angry Birds and trademark it, forcing the original Angry Birds to change it name because it did not have a trademark? Or would the original Angry Birds still have right to its name because it was first to use it in a game even though they had not filed any "official" trademark or copyright?

3. About being first. What if you are in development and you want to use the name Angry Birds. I heard someone say you could just post about you making a game named Angry Birds for example, and it would be enough to make you the "owner" of that name for a game? But this is an example where someone else would do that google search for the game name they want to pick and miss your blog where you say you will use that name. So if someone else beat you to it, even intentionally, is there really something you could do about it?

4. How protected are you across platforms? What if you release the game on Flash, are you still the owner of that game name for iOS?

5. I heard about the guy who sued a lot of developers for using the name "Edge" in their game, like Mirrors Edge. From what I heard this guy lost in the court, but is this also something you have to think about?
outcast is offline  
Digg this Post!
Reply With Quote
 
Old 05-23-2012, 04:23 AM   #2 (permalink)
user22
Arcade Warrior
 
user22's Avatar
 
Join Date: Jun 2011
Posts: 937
user22 is on a distinguished roaduser22 is on a distinguished road

MarketScore (3)

Default

Don't worry so much about the game name mate... If you make the next "Angry Birds" game that will be very addicting to play, then you would protect your game, just like Rovio did with their birdish hit

I'm not really sure about this, but since you copyrighted the game name, that would be protected on all platforms, but mostly on games that look similar like yours.
Example: you copyright Minesweeper (the old Windows game) and someone else creates Mine Sweeper or Mines Weeper game that have different gameplay from yours. He would be fine

"5. I heard about the guy who sued a lot of developers for using the name "Edge" in their game, like Mirrors Edge."
Just recently, from a wise and very rich friend of mine, I was told that copyright mostly is done for scarying the competitors and making them delay releasing their products. And unless you have millions for sparing on courts and laws, suing other people wouldn't be much productive for you and you would definitely lose the cases.
Copyright - harassing people
__________________
user22 is online now  
Digg this Post!
Reply With Quote
 
Old 05-23-2012, 04:54 AM   #3 (permalink)
outcast
New Member
 
Join Date: May 2012
Posts: 9
outcast is on a distinguished road


Default

Hmm. Angry Birds was just an example. What if you would not do these things and not file a trademark and official copyright? Its not that obvious someone would do it, even if they had a success, especially in this market where someone who does not have so much knowledge about this can still make a hit game.

So by your second point, someone could make a game called AngryBirds?

And on your third point it sounds almost like copyright and trademarks are useless because it is so expensive to go to court anyway? So basically you could just take someone elses game name, because you know they cant afford to sue you anyway? Sounds a bit strange..
outcast is offline  
Digg this Post!
Reply With Quote
 
Old 05-23-2012, 05:04 AM   #4 (permalink)
Nachen
Arcade Elite
 
Nachen's Avatar
 
Join Date: Jul 2006
Location: Sweden
Posts: 1,303
Nachen is on a distinguished roadNachen is on a distinguished roadNachen is on a distinguished road

MarketScore (12)

Default

Pretty sure that you cant call your game for AngryBirds since its so similiar to trademark protected name Angry Birds and that is a flash game. Just like you cant open up a new place selling hamburgers calling yourself McDonald
Nachen is offline  
Digg this Post!
Reply With Quote
 
Old 05-23-2012, 08:41 AM   #5 (permalink)
outcast
New Member
 
Join Date: May 2012
Posts: 9
outcast is on a distinguished road


Default

Quote:
Originally Posted by Nachen View Post
Pretty sure that you cant call your game for AngryBirds since its so similiar to trademark protected name Angry Birds and that is a flash game. Just like you cant open up a new place selling hamburgers calling yourself McDonald
Well that is what user22 said "Example: you copyright Minesweeper (the old Windows game) and someone else creates Mine Sweeper"

I don't see any difference between these examples? So which one is right?
outcast is offline  
Digg this Post!
Reply With Quote
 
Old 05-23-2012, 09:47 AM   #6 (permalink)
user22
Arcade Warrior
 
user22's Avatar
 
Join Date: Jun 2011
Posts: 937
user22 is on a distinguished roaduser22 is on a distinguished road

MarketScore (3)

Default

Well first of all there are names/words that you can twist a bit and make them have a new meaning. The example of Minesweeper was that you could separate it, contrary of combining Angry Birds. Anyway, I'm saying that if you're using similar name on a game with different gameplay, probably you will be fine.

"So basically you could just take someone elses game name, because you know they cant afford to sue you anyway?" How would you know if they can or cannot afford to sue? I doubt that anyone would take that risk, knowing that the name he use is copyrighted..

"5. I heard about the guy who sued a lot of developers for using the name "Edge" in their game, like Mirrors Edge. From what I heard this guy lost in the court, but is this also something you have to think about?" this proves that copyright isn't working much for gaining money, but more it works for keeping the people or better said letting them know that the therm is copyrighted.

And like I said on the first place, unless you are definitely sure that you will create the next big hit, you woudln't waste time and money to copyright the name.. Just create it and see its reaction, then do the other legal stuff.

Maybe I'm wrong.. let see the others what would say for this

p.s. if you don't see the difference between Minesweeper with other game (gameplay story blablaba) named Mines Weeper (both games are different), compared with the sandwitch store named McDonald (both sides are selling sandwiches), then you should read again
__________________
user22 is online now  
Digg this Post!
Reply With Quote
 
Old 05-23-2012, 10:26 AM   #7 (permalink)
laurief
Advanced Member
 
laurief's Avatar
 
Join Date: May 2010
Location: Thessaloniki, Greece
Posts: 494
laurief is on a distinguished roadlaurief is on a distinguished road


Default

I would also considering putting some keyword in game title depending on the game genre or theme or whatever. This way with also keyword rich default description maybe you can get some general SERP traffic.
Just saying, not a developer
__________________
my arcade: game-maniac.com
ad networks I use (affiliate links): epicgameads.com, copacet.com
laurief is offline  
Digg this Post!
Reply With Quote
 
Old 05-23-2012, 10:42 AM   #8 (permalink)
outcast
New Member
 
Join Date: May 2012
Posts: 9
outcast is on a distinguished road


Default

Hm I am grateful for your inputs, but they are contradicting. How much do you really know of this for a fact? Thats the problem, that people guess so you really dont know what is true or not.

"The example of Minesweeper was that you could separate it, contrary of combining Angry Birds"

How exactly are these any different? Its basically the same idea.

How would you know if they can or cannot afford to sue? I doubt that anyone would take that risk, knowing that the name he use is copyrighted..

You just said in your first post that:

"And unless you have millions for sparing on courts and laws, suing other people wouldn't be much productive for you"

Its not to hard to guess that the average guy that uploads a game on Newgrounds is not someone who has millions in the bank. In such a case I wonder what would happen if someone just took a nice name someone used for Flash and used it for an iOS game for example.

"Example: you copyright Minesweeper (the old Windows game) and someone else creates Mine Sweeper"

This was what I war refering to, not Mine Weeper, that's obvious a whole other name.
outcast is offline  
Digg this Post!
Reply With Quote
 
Old 05-23-2012, 12:17 PM   #9 (permalink)
user22
Arcade Warrior
 
user22's Avatar
 
Join Date: Jun 2011
Posts: 937
user22 is on a distinguished roaduser22 is on a distinguished road

MarketScore (3)

Default

ok then I'll say as clear as I can.

Unless you plan to create the next big game, don't worry about protecting the game name.

Have you seen all kinds of popular games, whcih I doubt their names were copyrighted? Bloons, Kingdom Rush, Sonny, hmm and plenty other games that get the flash pick.

Maybe you're right that many would simply guess what to do, what to avoid, same was for me... But I did mention that from a close friend of mine that want to release some software that he copyrighed in several countries, he said that even some other guys create 80% similar software as his, he would still lose the case if he went to court.. Just recall the court cases among the big guys (Nokia, Apple, Microsoft...) and how they are going?? In those cases, there are millions involved. In flash world (or maybe gaming in general), it would be meaningless, time and money wasting to sue someone.

And there isn't any database for flash games, just type "game name flash game" in google and search a bit if the name exist or not.
Another thing, being first doesn't really matter when it comes legit... First who will get the papers is the real first Besides I think that you cannot copyright anything that you would like to do (I remember few monts/years ago, I heard taht Facebook liked to copyright Face Book besides facebook, which probably wasn't approved, hence book or face is common word )

Maybe you should try some layers/legal forum to find more about this thing?
__________________
user22 is online now  
Digg this Post!
Reply With Quote
 
Old 05-23-2012, 05:39 PM   #10 (permalink)
laurief
Advanced Member
 
laurief's Avatar
 
Join Date: May 2010
Location: Thessaloniki, Greece
Posts: 494
laurief is on a distinguished roadlaurief is on a distinguished road


Default

bloons is copyrighted btw
__________________
my arcade: game-maniac.com
ad networks I use (affiliate links): epicgameads.com, copacet.com
laurief is offline  
Digg this Post!
Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Picking a good Domain Name Azzaboi Webmastering 11 03-21-2010 03:28 PM
Comical nightclub video game - picking up women in a bar Topkat Humor & Video Sites 4 03-08-2010 12:31 PM
Picking 1:1 traffic exchanges & reading Alexa properly gubugnet Marketing 11 07-14-2008 11:03 AM


All times are GMT -6. The time now is 07:49 PM.


Powered by vBulletin® Version 3.6.3
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.0.0 RC6
© TalkArcades.com
Forum - Register - Calendar - Memberlist - FAQ - Search


Advertise here

Single Sign On provided by vBSSO