Potential Trade Mark issue - new game v soon to be released

capitalcarnage

I have recently released a game which i have discovered shares the exact same name with a game being released later this year, that company filed for a trademark in December.

I have had the name on my website since before then, Art work completed with the name and even a test build on my ipad plus the numerous gamesalad .01.02 builds saved, I hadnt however started the app process in itunes connect.

Is this going to be an issue for me?

Any thoughts welcome

The_Gamesalad_Guru

Tell us the name so we can see if it has any specific meaning.

capitalcarnage

The name is Outfoxed

The_Gamesalad_Guru

They can't trademark a name only the way it's presented. I wouldn't worry.

capitalcarnage

Ok, i thought i may be putting the cart before the horse, but thought it best to get some inital thoughts.

The_Gamesalad_Guru

Yeah if a brand isn't already a household name there isn't much merit in a trademark unless someone copies you directly enough.

capitalcarnage

Thank you sir, tis much appreciated

The_Gamesalad_Guru

No problem we have trademarked characters and logo et.... "The Little Beasties" and there is a band named the beasties, and other cartoonish products with beastie in the name and our trademark has been registered for decades but they don't directly or indirectly resemble our logo, characters or style so there is no merit to banning them from using a common name. We have dots on our characters so say some put dots on their characters and called the beasties, then we could make them stop and change their characters.

MotherHoose

as trademarks are valid at time of creation … whether registered or not. You do own the word rights to "Outfoxed" in the genre of games

USA
If their trademark's registration is pending, one can file a Notice of Opposition, … with the Patent & Trademark Office
one can demonstrate prior use on your website and in AppleDeveloper
though, one would need a lawyer (preferably registered as such with the Patent & Trademark Office) to handle any mess
===
a Trademark is a mark (visual artwork) that you use in trade (business)
the symbol ™ is your notification to the public that this is your mark … and that you probably intend to register it
Trademarks that are registered use the symbol ®

"A trademark includes any word, name, symbol, device, or any combination,"
when filing to register a trademark you submit:
a Word Mark (brandName, word, phrase)
the Mark Drawing
(plus much personal information that will become public property!)

any use, in any context, of a registered Mark Drawing is infringement!
in general, the use of a Word Mark that is not a created name (such as: Kleenex®) and if not in the genre of Goods/Services specified in the registration… is not trademark infringement.
I could sell a line of fox-fur coats using "Outfoxed" … and not infringe on your ™
(though P.ET.A® would try to shut me down on the fur!)
===
Is Billy Goat Entertainment the big threat? (that is UK … but also International law as is the USA)
they have a game named "Outfoxed" due for release in February …
they filed for IP trademark: 16 Dec 2011 … Published for Opposition Purposes: 13 Jan 2012
that means you can Oppose this before the actual registration: http://www.ipo.gov.uk/tpn-22009-tm7.pdf
but, believe you will have to notify his legal representative of your intent 1st … then immediately file the brief form

Fight!Fight this and start immediately! …
Add to your AppStore description: Outfoxed™ is owned by James Bishop
Notify the review site: http://www.pocketgamer.co.uk/ …that calling another game "Outfoxed" both in title and content is an infringement your trademark
and, Notify BillyGoatEntertainment that they are infringing on your trademark

and, does anyone know if the AppStore reserved-names are local or global? I had though global … but, that would mean this guy hasn't provisioned his game.

@};- MH

PS: ™ symbol is [option]+[2] … ® symbol is [option]+[R]
PSS: most all States offer Trademark registration at much,much lower fees than federal level …
trademarks were one area of regulation/control that States established before the federal government

capitalcarnage

@motherhoose - thanks for your info, I hadnt even considered anything other than concern for what may happen to little old chubby fingered James (ME).

The game is a reimagined version of Stardaze which tshirt sells on gshelper.com so im not too concerned about the game itself, it ties in nicely with some others im working on.

As for billygoat - im not at this time (25th Jan 2012 14:45) bothered by their use of the name (if they can or choose to) it was more can i get in trouble for using what intially looked like their "property"

I think I put the cart before the horse on this occasion so will just see how it progresses, I am slightly suprised however that they did not start the process in itunes before publishing.

MotherHoose

well, the owner of the registered trademark is the one that can complain to Apple and sue you …
(you'd probably win but you would be the defendent)

simply to protect yourself, a little, add the ™ to the bottom of your webpage and in the AppStore description

the law state that any applicant for registration is obligated to verify their right to use.

I, too, was surprised by their not setting it up iTunes before making the title gfx; mayhap BGE wanted to keep the development cloaked.

@};- MH

capitalcarnage

I will take your advise and do that as soon as i get home from the office

RP

This is information that we need collected in our unofficial GS guides.

+200 cool points for Fry and MotherHoose

capitalcarnage

Aww man! Do i not get any cool points for my situation? [-O<

MotherHoose

@capitalcarnage … +250 for allowing me to ride my hobby-horse!

@};- MH

capitalcarnage

YES!

Clouds

[Goes off the check if anyone is using SuperMegaKongBalls9-HD-3D™ . . . . ]

The_Gamesalad_Guru

I will add a link of this thread to the guide under trademarks. And as Mother pointed out you need a lawyer to defend such actions, this is the rub, because trademark laywers are very expensive. What I would hold out for is for them to send you a nice thank you check for giving up the name!

---

Gleeson Group Media
UNoffical Gamesalad Guide
FREE and easy to use. Contains all well done video tutorials for Gamesalad.

RP

@capitalcarnage See? You got you points. Let's just make sure that the save feature is properly embedded or your lose them next time you login.

@Fry Awesome.

capitalcarnage

OK so the letter turned up today from Intellectual property lawyers, Was a nice read and all but now wondering what to do.

I have no interest in fighting the name issue (mainly due to cost) and so will be removing Outfoxed from sale in all territories, I do wonder however - if i remove from sale but do not delete the app does the name return to the big list in the sky?, I know the letter is par for the course and all but I'm a little miffed about it

gyroscope

Hi CC, I can understand your "miffedness". I guess that's the way the cookie crumbles and all that. And i'm sure you're aware that even if you did have the money to fight, not only would there be a good chance that you'd lose a lot and have a lot to pay out for court costs, etc; but also the fact it's probably take two or more years to finish the fight. You're best out of it, I reckon, just change the name of your app and then resubmit?

For interest, I designed a board game in the 70's and tried all the board game manufacturers at the time (without success); I even copyrighted the design of the playing board! Made all the cards and pieces and the box with dividers and all. Anyhow, that was called Foxed. So if you did change the name of your app to that, I would think there'd be no clash of interest with the company you're fighting; although I might - one day - see if I can translate the board game into an iPad app (a game for two people); so when I do, I'll have to check whether or not your using that name! (I'm not up for a court battle either ;-) ) Good luck to you if you did use that name but I guess there are plenty more...

For the younger generation: "A board game": a game played totally outside of a computing environment... yes, really! In the olden days before CDs and all that digital stuff... ;-)


----------------------------------------------
http://davidgriffinapps.co.uk/

MotherHoose

@capitalcarnage …
you reply to the letter stating that you have right to use that name, that your ™ is in the description of the game, and that those rights were honored by Apple, Inc.
and, if they use the name, they are in violation of your intellectual property rights! nor will Apple allow them to use that name as a game title in the iTunes App Store … unless they can make a settlement with you to purchase your rights to that name!

Lawyers will send letters looking oh so legal and with no legal standing … to frighten the receiver and to avoid any legal problems for their clients
… bullying tactics to scare people into letting them have their own way!
delay,delay these people and chances are they will offer you a settlement …
they do not have the IP rights, they have only applied for them and are in the process of advertising for opposition.

if/when, they do obtain those rights and notify Apple … don't know what Apple will do as the date on which they received the rights will be long after your game was released … though, think Apple will pull your game … but, keep renewing your Provisioning profiles just as an irritant till you get paid!

Outfox the Billy Goat!

@};- MH

capitalcarnage

@motherhoose check your pm

MotherHoose

done

@};- MH