Need help with the name of the game

gmedina.172gmedina.172 Member Posts: 94
edited November -1 in Working with GS (Mac)
Im trying to put "X" name to a game but the thing is that today I found out that an app from android has the same name, and i dont want to get sued so what do i do? Do I changed or I could use the same name in apple app store? THat could be considering as stealing idea or name or whatever, still I have to know If i have to register my idea so it wont be stolen or sued by other users, members or people?

Comments

  • pixelknightspixelknights Member Posts: 68
    In my opinion, you should come up with a NEW name for your App. As the developer of the existing Android game will decide to release on iOS, and he/she won't be too pleased about that.

    What do you mean by =
    gmedina.172 said:
    still I have to know If i have to register my idea so it wont be stolen or sued by other users, members or people?

    If you mean that you don't want to share your idea with the GameSalad community - well that is entirely up to you.
  • SlickZeroSlickZero Houston, TexasMember, Sous Chef Posts: 2,870
    It's not going to matter if it's on Android, or Nintendo DS, you won't be able to use that name. Someone beat you to it, so you really have no choice but to move on to the next name.

    You can create an App ID in iTunes Connect, but that is only good for the App Store. If someone on Android comes up with the same name you think of again, and puts it out on Android, there's nothing you can do, really.
  • gmedina.172gmedina.172 Member Posts: 94
    Like well in real life if you do a business you can get sued if you copy a name or idea i was just wondering if that can happen in app store? in this case the name is in android app store, I have another question the "X" name I have is separated by a space and in adroid name is not separated so i can use the name but with an space separating it? Example: My name: Angry balls
    Android name: Angryballs

    Thank you so much for the help
  • tenrdrmertenrdrmer Member, Sous Chef, Senior Sous-Chef Posts: 9,934
    Naming falls into Trademarks more than copyrights. So the first person who uses it has the right to it everywhere. especially if the same or similar name is being used in the same or similar industry. You could easily use the name on the appstore Apple likely wont do anything unless there is a complaint made. however you could also be sued by the other developer. Same thing you would have to do if you create a name and then someone creates an android game with the same name. You would have to take legal action to get them to remove it.

    It would really be best to not set yourself up to be sue or have any legal action taken against you. Lawyers are expensive and if you knowingly use someone else's trademark then you better be prepare to pay for lawyers. Its could very easily go to that if the other dev wanted to.

    You can register your names as trademarks but in all honesty its not required and very expensive for the small added proof of first use. The app store lists a date you create the name. thats proof enough for me, at least on something that statistically is not going to make enough to cover the cost of the trademark. Maybe if I get a huge hit and get rich I would consider registering the trademark.

    Bottom Line. Picking a new name would be best.
  • gmedina.172gmedina.172 Member Posts: 94
    So i dont need copyrights neither trademark i can use apple as my protection?
  • SlickZeroSlickZero Houston, TexasMember, Sous Chef Posts: 2,870
    As long as the name is not being used, yeah. Once your app is out there, it's got a date when it was created, and if someone else comes along and tries to use your name you created, all they have to do is see who got there first, and Ding Ding!…we have a winner!
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