Opinion Copyright and the names of things

Status
Not open for further replies.

Neptune

Member
In regards to a topic recently closed -- whether letter arrangements and the names of things can be "patented" -- I've recently talked to a family friend with real life experience in the issue, and the fact of the matter is that names of companies are somewhat a grey area, which is why 10 companies can have identical names (even exact capitalization). On top of that, if you were ever accused of infringement, the accused can choose to simply change the content that is supposedly "stolen", or choose to "battle it out" legally.

Long story short, names of things is free game, and if you ever receive a warning from a company (that randomly happens to be very interested in our field of play (game development), you can simply change the content).

I feel like it comes down to common sense... as previously stated by a community member in an older post. If you aren't knowingly ripping/stealing something, then you are more than likely not doing anything that will cause legal repercussions.

This information is from a major business person, and someone that deals with legal issues quite often.
 

Ihato

Member
I feel like it's a bit cheating to comment here when the other topic is closed but I'd like to give my opinion.

TsukaYuriko is right that there is no legal obligation to send a Cease and Desist letter and they can proceed directly into suing you. But she is wrong to think you can't use common sense to decide whether they actually will. Companies are but a group of people trying to get as much profit possible. No company likes their brand to be used for fraud or in obscene material, but otherwise they do like when people are popularizing their brand. What kind of incentive does a company have to prevent anybody to talk about their brand? Do you think any boss is going take an employee saying "Boss, we need money to pay for legal fees to sue someone casually using our brand name in their game." seriously?

Personally I get that TsukaYuriko is worried about the community members, but OP wasn't looking for a legal advice but for an opinion.
Legal advice is very expensive ($300/h). You have to have it very clear what your legal concern is, or have received a letter/threat in order to receive anything useful.. You don't pay that fee kind to ask casual, open-ended questions.
Think of it from a medical analogy: "I feel a bump. Is it cancer?" is something you absolutely need to go visit and ask a doctor. "Do you think vaping causes cancer?" is not something anyone really goes to a clinic to ask about.
 
Last edited:

chance

predictably random
Forum Staff
Moderator
(snip)

This information is from a major business person, and someone that deals with legal issues quite often.
Perhaps so. But you apparently misunderstood everything he told you.

Yes, same name companies exist. United Airlines and United Van Lines. Domino Sugar and Domino's Pizza. Delta Faucets and Delta Airlines. The difference here is the business. If another airline tried to use the name "United", that would NOT be legal. United Airlines would sue, and they'd win.

You are also confused about "unknowing" infringement. It is still illegal, and it may have legal repercussions. Not necessarily malicious prosecution, but you'll likely be forced to withdraw your product and/or name.

No harm done, but it's best to stop asking about this on the GMC. Instead, read about copyright and trademark regulations. There are plenty of useful sites that are written for non-lawyers. These rules are fairly easy to understand, with a little study.
 
Last edited:
Status
Not open for further replies.
Top