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copyright infringement

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supercool designer
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Joined: 10/06/2015

If you publish a game with the same title as another game do you have to worry about copyright infringement or plagiarism? The game has a two word title. How many words together constitute plagiarism? My game idea is an original one but a game with the same name has been web-published about six years ago.
Thanks, Kirk

supercool designer
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Joined: 10/06/2015
supercool designer wrote:If

supercool designer wrote:
If you publish a game with the same title as another game do you have to worry about copyright infringement or plagiarism? The game has a two word title. How many words together constitute plagiarism? My game idea is an original one but a game with the same name has been web-published about six years ago.
Thanks, Kirk

czarcastic
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Joined: 06/06/2016
Trademark

I believe you'll want to look at trademark law for that. Someone more knowledgeable about it may pipe up, but if it's not a registered trademark of whatever company published the game, I think you can use the name as well.

In relation to board/card games, copyright applies to the art and written rules.

pelle
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Joined: 08/11/2008
Not a lawyer, but you

Not a lawyer, but you actually do not have to register a trademark. Just put a TM after something to make it your unregistered trademark. The R in a circle symbol means a trademark is registered. I do not even remember the difference, but registering is somehow better, but you are not allowed of course to infringe on an unregistered TM trademark either.

On the other hand using the same name as some other game sounds like a bad idea. I would never use anything that already shows up in boardgamegeek or on google even if there is no TM or R on the name. It would just make people confused and make it more difficult for people trying to find information on a specific game.

polyobsessive
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Absolutely not a lawyer

pelle wrote:
Not a lawyer, but you actually do not have to register a trademark. Just put a TM after something to make it your unregistered trademark. The R in a circle symbol means a trademark is registered. I do not even remember the difference, but registering is somehow better, but you are not allowed of course to infringe on an unregistered TM trademark either.

Also not a lawyer, but the thing about trademarks is that the holder needs to defend them or lose them, so if they hold a trademark which you infringe upon, you can expect to receive a C&D as soon as they notice.

The main point of registering a trademark, as I understand it, is that the registration makes defending your trademark in court a whole lot easier.

Quote:
On the other hand using the same name as some other game sounds like a bad idea. I would never use anything that already shows up in boardgamegeek or on google even if there is no TM or R on the name. It would just make people confused and make it more difficult for people trying to find information on a specific game.

This. If you know that there is a name clash, particularly if it is with something that is relatively new, why would you risk confusion, let alone legal issues?

Finally, and this is really important, do not take legal advice from random people like us on the internet. If you have any doubt at all about a legal issue, you need to seek proper advice from someone properly qualified.

lewpuls
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Joined: 04/04/2009
Trademarks are the problem,

Trademarks are the problem, both registered and common law (tm).

A brief summary of IP law: https://youtu.be/Iv2wFvPN2EQ

anonymousmagic
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Joined: 11/06/2013
Yep. This is about

Yep. This is about trademarks.
As soon as I would notice the potential to confuse 2 games I'd pick another name, because it would make floating to the top in searches harder than it has to be.

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