How do i copy right a name? And an app name?
DanielAvni
Member Posts: 114
I have a name that i want to be mine for my apps that i make. How do i do this?
And a while back we were talking about we can put a name of an app on hold so we can use it how do i do that?
Thanks, GameSalad forum
And a while back we were talking about we can put a name of an app on hold so we can use it how do i do that?
Thanks, GameSalad forum
Comments
My recommendation is that you have a successful title before you worry about copyrighting it. And by the way...what you are referring to is a registered trademark...not a copyright. If your game is successful...then it will fund putting all the legal protections in place.
And by the way...registered trademarks are self-inforced. If your trademark is violated...YOU have to finance the legal claim against the infringement...meaning...if someone uses your name...then you have to file the legal suits and hire the lawyers to sue them...and prove that it is a true violation of the trademark...which can at times be VERY difficult to prove...with no guarantee that you will win...especially if it is an International dispute (ie with a Chinese or Russian entity). Those are really difficult to litigate. This can be VERY expensive and its a craps shoot whether you will see any reward as a result...since you must PROVE damages due to the infringement. In general...the only ones that win in the end are the lawyers.
However, you are allowed to add a "Copyright 2010 by Daniel A. All rights reserved." to the game. This will in effect, place copyright protection on the game content and the design and reserve your rights to protection in the future...if you desire to do so.
My advice...just simply add the Copyright text and if you make BOO-KOO bucks on the app...then hire legal counsel to set up protections...if you think its necessary...but I would suggest you spend the money lying on a tropical beach somewhere.
As far as "reserving a name" with Apple, I can't help you there...but I would say...Why bother? Is it really THAT incredible of a name? Generally, that would be used for something like Plants Vs. Zombies or something similar...where it already exists in the market and they want to hold the name for a future release to the app store (PvZ was originally a very successful web game before the app was released). Now P vs. Z is a perfect example of a name that should be trademarked (and it probably is) since its a big enough title to make sense to do so and protect its market draw. I do know for fact that Pop Cap Games registered BeJeweled!...Of course that's about a $5,000,000 title for them. Is your name you wish to trademark worth that?
PS:
Stop adding please help, rebump, FMG, TSB and Scitunes to your tags. They are not post topic tags. DUH!!! JEEZ!
To get a Trade Mark you need to start with a TESS search in the U.S Patent Office to see if it already exists. Here is the link: http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4004:ug39k0.1.1
The Patent Office website has a lot of resources for the Trade Mark process, but it is not a simple thing to do. Best done with an experienced Trade Mark attorney, although it can be done without one.
http://www.uspto.gov/index.jsp
So unless you are well-capitalized...just focus on game design and don't worry about all the legal crap. Once you are rich from a great game title...then worry about the legal crap and protecting the golden egg. Or go retire on a beach somewhere.
TIP: We have found that the best and cheapest way to protect a name is to buy the relevant URL and hold that. If a "logo/name thief" can't get a relevant URL to attach to it...they most likely will go elsewhere and find some other name to steal. URLs only cost $10-$15/yr...so that (IMO) is cheap speculation trademark insurance/preservation...without all the legal mumbo jumbo.
RE: Tags
The tags are used for search inquiry support...junk tags like that will make your post irrelevant. They don't help...so don't use them...instead put RELEVANT tags in there...which will help others find the info in the post later.
RE: TSB
He is in Canada...not sure where he trademarked his game names...whether they use a US trademark or a Canadian one. Filing a trademark is complex and can take a long time to get done. But if you really want to do it...use the info above...not the GameSalad forum boards.
Over and Out!
Copyright exists as soon you have the name in your head (ok, maybe you should write it down :-P)
You can reserve a name on the appstore by creating the app on iTunes Connect and uplaod an icon and some placeholder text as description. As long as you have no binary submitted, your app won't be reviewed, but the name can't be taken by others.
My App "Alien Breakout" is in iTunes Connect since 2 months or so, and I am still not finished with it, but nobody can take the name anymore and so I don't have to be afraid of having to change all the art due to the name not being available anymore.
Trademarking a name makes sense only, if you have a product, which you think will be a blast and you want to create a frenchise with that name.
The 100th "Doodle Crap" is not worth for copyright and trademark.
And by the way, with your US patent crap you have nothing in your hand, because I still can trademark that name in Hungary or anywhere else.
That happened i.e. for Planet Hollywood. An austrian guy, who has a store network, trademarked the name in Austria, so he can charge Schwarzenegger, when he wants to open a restaurant in Austria. The result is that we have no Planet Hollywood in Vienna, but we have Planet Hollywood sunglasses :-P
It's the same in the other way as well of course. I can trademark a name in Austria or Hungary and you can still do it in the US. So it's all the same crap :-P
If you want to trademark something, you have to do it worldwide and that is really expensive.
Well, it's tempting to say who gives a damn about Hungary or the rest of the world, but that would be impolite. :-)
If I would trademark Gamesalad in Hungary and would use their logo and make a pr0n site with that name and logo, I don't know, how happy they would be.
And they would be more mad if you write into google GameSalad and a huge black prick jumps into your face on the first search result page, not a nice little tool to develop iPhone games :-P
I tell you a secret: the rest of the world is not dragonland and they sell products worldwide and even if i.e my website Promo Dispenser is registered and hosted in Hungary, you can't tell that. Everybody thinks, it is a US site (ok, grammar errors not counted, but hey, I could be a very stupid american too :-P). Now if I would change the name into Game Salad, nobody could sue me, because in Hungary there is no trademark with that name.
I hope, I could clarify, what I was trying to say :-P
P.S: you can be impolite with me. I don't give a damn about polite :-P
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Synth hit the nail on te head with the finance part. Ther is No magic law or protection only what and how far people will pursue it in court.
For example You show up to court with a print out of an apple invoice showing the name of your app you're gold. No judge anywhere would overlook that.
You're right in the fact that you can operate as GameSalad (for example) in Hungary...but once you leave Hungary's border (ie...via the internet) you are subject to International law and you can be sued. Plus...Apple would reject your apps if they found out and possibly blacklist you (if you were in the app business).
For example, just recently Frooty Loops (maker of Frooty Loops audio software) changed their name to FL Studios because they lost a legal dispute with Kellogg Corp. (maker of Fruit Loops brand cereal). Now they might get sued by Adobe because of their name similarity to Flash (FL) Studio (flash uses an FL in their logo). Who knows though. But as you can see...the bigger pockets won the dispute.