How do you know when a name is taken?

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Post » Wed Nov 27, 2013 3:07 pm

Copyright happens as soon as you create something but it's not exactly airtight and doesn't protect a lot of things, not the idea or a name. Use of a trademarked name that has been registered is trademark infringement though.
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Post » Wed Nov 27, 2013 10:49 pm

It sounds like things should be okay. I'll just make sure nothing major is using that exact name, and it should be fine.

I'm probably going to go ahead and use the name I thought of. Unless I come up with something I like better of course. :)

It'd probably be best to worry about copyrighting or creating a trademark after the game is successful rather than worry about it now, if it's even worth it at all.
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Post » Fri Nov 29, 2013 12:35 pm

Well, there's another reason not to use another entertainment product's name or something similar : you'll loose visibility in search engines (including video platforms like youtube or vimeo in particular).Valerien2013-11-29 12:35:53
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Post » Fri Nov 29, 2013 11:59 pm

That's true too. Actually, the ideal name would not contain any popular search terms where it might get lost in the shuffle. Of course, that assumes that people will search for it by its specific name. A compromise will probably have to be made somewhere though between finding a great name and a visible name.
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Post » Sun Feb 16, 2014 2:55 am

[QUOTE=lennaert] [QUOTE=plinkie] I meant trademarked I guess[/QUOTE]

What I mentioned earlier is the gist of whether or not you can use a name.

Trademarked, pattented. meaning some company payed 80k/120k for a concept/name.

If you simply place a copyright sign, or notice, or a trademark emblem ... and its not in fact pattented or copyrighted at all, it doesnt really make any difference.
A disclaimer or use policies definition about content does.[/QUOTE]

Copyright, and trademarks, are different things, and a patent is separate again.

* If I produce a long gash of dribbling words for a product, a book, newspaper, etc, that's copyright. Technically, you don't need to register a copyright [in most countries], but damages claims are less rewarding.
* If I invent a new product, even unique features, I can register those parts which are unique as a patent. Normally, I have to prove that I was the inventor [although corrupt & bias US patent office does cheat].
* If I make up a unique name, or logo, that's a trademark. You're supposed to only be able to register trademarks which aren't in common use, but again, the corrupt US patent office cheats [example UGG boots, US company in the 1990s got a trademark on the name, and then hit the lawyers on every small business in Australia which made them - some having sold UGG boots for over 50 years].

But, discounting the corruption, a trademark also only applies for the industry in which the trademark is used for. For instance, Brothers is trademarked for electronics. But you can have Brothers clubs, and probably Brothers Clothing [if somebody else doesn't have one on that].
Further on this, a trademark only applies where there can be competition for similar buying demographics. For instance, a franchise selling ice creams from a van will probably lose if they tried to take a 5 star restaurant to court over a trademark violation.
Finally, trademarks can be eroded by common use. Polo Shirts used to be a trademark, but common use means the trademark became worthless.


So, there's a lot of things in relation to names and trademarks.
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