Is it a problem to name your company using a similar name to an already released game? For example, would it be a problem to name your company Hit Man Games, when there is already a game called Hitman?

- Jesse Edmunds

IANAL, but I'm guessing that yes. However, whichever name you choose, it could be a problem. See for example the guy who set up the "mobilix" web site about portable unix systems (or something), and was threatened and/or sued by Asterix' publishers because it sounded like Obelix. Ridiculous, but they won.

Hey, this kind of thing is THE second thing I fear most. The first is, of course, that the sky may fall over my head :)

Edit : No, this comment will make no sense at all unless you're an Asterix fan

The big question to ask yourself with trademarks is:

1) Is the name trademarked, or a similar name?
2) If I were to use this name, would it cause confusion in the marketplace with another trademarked name?

Confusion typically comes about because the names are similar, and both products/companies exist in a similar market space (for example software).

I'm not a lawyer, but these are questions best asked of one (thats why I have one of my own).

When you start doing things for real (and not just playing fort), your best friend is a competent lawyer who knows your business.

Best of luck,

Jeff

Thanks for the advice guys, I appreciate it. I do plan on consulting a lawyer in the near future to make sure I won't have any problems with trademark lawsuits.

How did you guys go about finding a good lawyer? I'm sure it's easy to just find any old lawyer in your area, but how do I know that he knows what he's doing?

The I use right now was easy to find. He's my boss. :)

Just call and speak to several lawyers and try and find one that focusses on business law over something else like family law. I suspect all lawyers will be able to help you with something as simple as a trademark, but why not find one who can help you more in the long run, get you in touch with other local business people, and have value beyond the dollars you send to him.

Someone else may have a more tried and true method, but the best I can offer is that it's like anything else (doctors, dentists), shop around, and never be afraid to change.

Good luck!

Jeff

Basic facts about trademarks from the US Patent and Trademark Office:

http://www.uspto.gov/web/offices/tac/doc/basic/

Vey useful link!

So, if I understood the right, my game is copyrighted anyway as intellectual creation, and I can write that my game is (c) Snake Software without any form of registration, isn't it?

Sorry if the question is stupid, but I'd like to be sure about topics like these! :p

Originally posted by Snakesoft
Vey useful link!

So, if I understood the right, my game is copyrighted anyway as intellectual creation, and I can write that my game is (c) Snake Software without any form of registration, isn't it? That is correct. You don't need to register copyright for your work to be protected. However in the USA registering your copyright gives you greater protection on top of that normally available. Of course that is only useful if you actually have enough money to pay an expensive lawyer to take someone to court.

Reminds me of a lawsuit Mythic Entertainment had against Microsoft. Microsoft was developing Mythica, an MMP. Mythic Entertainment developed Dark Age of Camelot, another MMP. Microsoft cancelled Mythica for other reasons, so the suit I think is dead too.

http://rpgvault.ign.com/articles/448/448277p1.html

Thank you for the clarification!!! :D

Your games couldn't be copyrighted at all Snake Soft!!!
They all de-facto belong to us.

Why? Because we are Wild!!! :D :D :D