Yes, lack of money more or less. I never considered it a big priority seeing as how I've hardly advertised it just yet - guess this certainly is a lesson learned! I think that Terraria only registered their trademark less than a month ago and nobody grabbed up their name, so I guess I really just got the short end of the stick.
Curious, why didn't you register it? Lack of time? Money? The registration lady was being mean? I mean, taking on development for years without any registration seems a pretty stupid move - I don't know? The costs aren't all that great in the scheme of even an indie game and last I checked it only takes a few hours of filling out forms and whatever else you might need to send back and forth and voila - you're done.
Personally, I'd swallow this as a "lesson learned" and move on to another name. Hardly worth launching the game only to get cease 'n' desist letter the day after over the name of all things...
Anyhow, good luck with whatever you choose to do!
Down here in Aussie land, names distinguished only by a plural will be rejected with almost certainty, especially if its the same type of business. I'd imagine the same applies abroad, particularly in lawsuit happy countries. So yea, talk your lawyer, or get a new name.
If you can't secure the original name, get the other business to make you an offer for the domain name. Who knows, they might be tempted to pay you good money for it, and in the meantime you can just move on.
That would be fantastic too and would certainly help with the new trademark costs
People can always sue you, no matter whether they're right or wrong.
If it's just a ™ on the end of the name, you don't have to "get a trademark" - you just whack the ™ there which is publicly stating "I'm trading a product using this mark". You don't even need the ™ there for it to be a trademark, that symbol just makes your statement more explicit.
If you've been operating under that name for longer than this other company, then when they sue you, you may be able to win the case... but no one really wants to fight that battle.
You could also just go about your business until they send you legal threats, at which point you could rename your game to "F**** YOU ZYNGA : THE GAME"...
I have been operating under it for much longer, which makes it all the more painful. I guess I'd really like to avoid getting f***ed by this large social game ( ) company, so I probably will maintain it as a "backup blog" of sorts and adopt a new name and maybe the old domain will help me in the long run.
Thanks a lot for the replies guys.