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Re: Game Company NAME [Re: Nardulus] #102067
12/17/06 06:13
12/17/06 06:13
Joined: Aug 2001
Posts: 2,320
Alberta, Canada
William Offline
Expert
William  Offline
Expert

Joined: Aug 2001
Posts: 2,320
Alberta, Canada
If your game carries a name that a person may have, can it be trademarked(and exclusive to you)? I wonder why Nintendo never ran into any trouble with Mario yet, since anyone with that legal name can base their product off of it.


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Re: Game Company NAME [Re: William] #102068
12/17/06 06:43
12/17/06 06:43
Joined: Oct 2005
Posts: 4,771
Bay City, MI
lostclimate Offline
Expert
lostclimate  Offline
Expert

Joined: Oct 2005
Posts: 4,771
Bay City, MI
well honestly i dont know why anyone would make a different kind of game with the same name "mario" its not really the name that is there problem, its the charater itself that they run into problems with

Re: Game Company NAME [Re: lostclimate] #102069
12/17/06 11:27
12/17/06 11:27
Joined: Aug 2001
Posts: 2,320
Alberta, Canada
William Offline
Expert
William  Offline
Expert

Joined: Aug 2001
Posts: 2,320
Alberta, Canada
Yeah, I guess if the game is character based you shouldn't have a problem.


Check out Silas. www.kartsilas.com

Hear my band Finding Fire - www.myspace.com/findingfire

Daily dev updates - http://kartsilas.blogspot.com/
Re: Game Company NAME [Re: William] #102070
12/17/06 16:09
12/17/06 16:09
Joined: Mar 2002
Posts: 1,835
Minneapolis, Minnesota, USA
Nardulus Offline
Serious User
Nardulus  Offline
Serious User

Joined: Mar 2002
Posts: 1,835
Minneapolis, Minnesota, USA
There are Trademarks and Copyrights.

These also require some sort of Artwork.

So even if your name is Mario, you can not make a game that uses Mario's character art style that Nintendo has protected via Trademarks and Copyrights.

If you make a soccer game with a star soccer player I.E. "Mario Stanic" or hockey star "Mario Trembly". It is possible that you could get away with "Mario's Soccer Game" or "Mario's Hockey Game". If Nintendo has not already tied that up. You can always try and fight in court $$$'s.

It's going to be difficult to trademark just a name with out art work. So Nintendo actually is protecting the art associated with Mario not the name. Think of it this way. The name references the Artwork that is Nintendo's Mario.

You can not Trademark the name "Super" but if you add "Man" then you can trademark that along with the art work that shows how your character will look.

Ken

Re: Game Company NAME [Re: Nardulus] #102071
12/18/06 00:32
12/18/06 00:32
Joined: Aug 2001
Posts: 2,320
Alberta, Canada
William Offline
Expert
William  Offline
Expert

Joined: Aug 2001
Posts: 2,320
Alberta, Canada
Appreciate the info Ken.


Check out Silas. www.kartsilas.com

Hear my band Finding Fire - www.myspace.com/findingfire

Daily dev updates - http://kartsilas.blogspot.com/
Re: Game Company NAME [Re: Nardulus] #102072
12/18/06 16:00
12/18/06 16:00
Joined: Sep 2002
Posts: 8,177
Netherlands
PHeMoX Offline
Senior Expert
PHeMoX  Offline
Senior Expert

Joined: Sep 2002
Posts: 8,177
Netherlands
Thanks Ken, good to have someone here that knows his way around the legal stuff.

Cheers


PHeMoX, Innervision Software (c) 1995-2008

For more info visit: Innervision Software
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