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Naming a Game


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#1 Vanz   Members   -  Reputation: 204

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Posted 15 November 2012 - 10:23 PM

I Would like to name my game "Dagorath", which I will be selling, it's a small fantasy strategy game.

The only thing I can find in Google related to this name is:

http://en.wikipedia..../Dagor_Dagorath
"The Dagor Dagorath (Sindarin for Battle of Battles) is a fictional battle described in the legendarium of J. R. R. Tolkien"

I had no clue about this, I just like the name Dagorath, am infringing on anything here or doing anything that could be construed as unlawful? In other words is there any chance I could be sued?

My game has fantasy characters in it but none from LOTR's except maybe a dragon, it's got a bunch of other fantasy characters I have made up but in no way resembles LOTR...

Thoughts?

Thanks,

Vanz

ps. I guess if I really had to I could name it Dagoreth or Dagorith, but I really do prefer Dagorath for some reason...

Edited by rhuala, 15 November 2012 - 11:06 PM.


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#2 Haps   Members   -  Reputation: 1315

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Posted 16 November 2012 - 12:50 AM

There's also the classic 1982 crawler "Dungeons of Daggorath" which has a little bit of a cult following and a fan remake. Figuratively speaking, your title might be writing a check your game can't cash, if people think it's related.

Edited by Haps, 16 November 2012 - 12:53 AM.


#3 Vanz   Members   -  Reputation: 204

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Posted 16 November 2012 - 01:43 AM

Anyone know the rules for this?

For example let's say you wanted to call your game "Miracle" well if you look on imdb:
http://www.imdb.com/find?q=miracle&s=all

There are a bunch of movies with that name, surely they are not all being sued by the very first person that used that name??

Thanks,

Vanz

#4 Vanz   Members   -  Reputation: 204

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Posted 16 November 2012 - 01:43 AM

If I used Dagoreth would I be completely safe?

#5 Haps   Members   -  Reputation: 1315

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Posted 16 November 2012 - 02:22 AM

The only person who can tell you if you're "completely safe" is a lawyer.

Generally speaking, names and titles aren't protected under copyright, but they can be trademarked - such as with franchises once they're well-recognized and have "secondary meaning" to the series itself. (Microsoft will likely have an issue with another game calling itself "Halo," and we've all seen the lengths Bethesda's gone to try to protect the word "Scrolls.")

Personally, I'd want to avoid using a title that's too similar to another game, simply to avoid disappointing customers who might draw a parallel between them. I know I'd be disappointed if I found out a new game called "Star Con" is an unrelated point-and-click adventure about a high-profile criminal.

#6 stevebomb   Members   -  Reputation: 102

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Posted 20 November 2012 - 02:01 AM

Not much can happen unless if you check the trademark and copyrights of the game The Dagor Dagorath and it says The Dagor Dagorath is a trademark and copyright of the company and game and is reserved by law you should be OK but if it says Dagorath is a trademark and copyright of the company and game and is reserved by law then sorry you're gonna need a new name

#7 Paul Franzen   Members   -  Reputation: 334

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Posted 20 November 2012 - 09:31 AM

I'm not sure I can speak for the law, but I'd like to echo general consensus and say--yeah, you're better safe than sorry and should probably change the name. Even if you don't get sued, naming your game "Dagorath" could hurt your Google-fu if there's another (somewhat popular) game that already incorporates that in its title.

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