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Two commercial products with the same name?

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7 replies to this topic

#1 tavichh

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Posted 28 May 2013 - 09:34 PM

The game I am currently developing is called "Frostbite" which shares the same name as the Frostbite Engine. We are not making any reference to the engine in the game so will this be legal to release commercially?


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#2 Barnsite

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Posted 28 May 2013 - 11:58 PM

I'm no expert but I've looked at this before... this is the case in the UK: 

 

http://www.copyright...copyright_names

 

where so long as you're not trying to mislead someone into believing you're associated with the existing company you're normally okay (so as long as you didn't use the same logo, branding, etc, and it's not the same kind of product)

 

The US is entirely different from what I understand, and you would have to apply for a Trademark... and at that point the decision would be made as to whether you could use the name (I think!), you may struggle as you're in the same industry, i.e. it would probably be easier to market a Frostbite drink without issue.


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#3 WingedPanther73

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Posted 29 May 2013 - 05:02 AM

The Thunderbird mail client used to be called Firebird. The problem is: there was already a database called Firebird. Completely different products. The issue is that software names are often trademarked to prevent this type of confusion.


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#4 tavichh

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Posted 29 May 2013 - 05:36 AM

Agh! Two very different answers!


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#5 lespauled

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Posted 29 May 2013 - 07:36 AM

Name it Congelatio and you're fine.


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#6 WingedPanther73

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Posted 29 May 2013 - 11:16 AM

Copyright, patent, and trademark law is a PITA. You could probably do something like: "Frostbite: the Missing Toe" or similar, as well :)


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#7 tavichh

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Posted 30 May 2013 - 05:57 PM

Well...that's depressing :P

Thanks guys for the info, I guess you all saved me a lawsuit.

:)


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#8 WingedPanther73

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Posted 31 May 2013 - 05:11 AM

Usually, you'll get a "Cease and Desist" letter long before a lawsuit happens. As usual, consulting a lawyer can be worth your time.


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