Using the same title as an existing game? (WAS: Do game names matter?)

[Gilbert]

I think one concern is why would one make a game using the same title as another game. The intention is important.
Is it:
1. an attempt to garner interest by using the name of a widely popular game;
2. the game's author wasn't aware that the name of the game he's making clashed with another already released game;
3. the author may already know the existence of the already released game, but has good enough reasons that the name fits his game; or
4. the author likes to make a fan game of the already released game?

IMO:
1. This is unacceptable.
2. This is hard to avoid, so is more or less okay, unless the author really doesn't want the clash and decides to change it or be sued by the owner of that other game. Refer to these two AGS games, Ace Quest and Ace Duswell (their titles aren't exactly identical, but for understandable reasons, often times both were referred to as Ace Quest). They're released at roughly the same time so it wouldn't be one copying the other, and amusingly, both games incidentally involve a fat man called Ace.
3. Refer to Dave's explanations. It is okay as long as the reasons are really good enough and even better, if the owner of the original game with that name is acknowledged.
4. This most likely falls in a grey area. Usually fan games wouldn't have exactly the same name as the original. Still, it's best to acknowledge the original game's owner. In some cases fan games will even get blessings from the author, but in many more cases the original owner don't like this, and in case the original game is a commercial one, you most likely get a C&D letter instead.

[monkey0506]

Gilbot, I definitely agree, which is why I'd really like to hear what shadowface's thoughts and/or intentions were. Just because the original subject line was confusing (as acknowledged by several) and lead to a different topic doesn't detract from why this one was started.

[kconan]

  For the one game I've made, I spent quite a while scouring the Internet to make sure there wasn't any other with the same name.  And then recently I found there was an obscure tabletop game with the same name.  So in addition to PC games, you may want to consider also looking at other kinds (boardgame, handheld, etc..) of games to avoid potential clashes or confusion.  Unless for some reason, and I can't think of a good one (maybe fan games as Gilbot mentioned), you were knowingly going to use an existing title.  I would go with something unique.

[selmiak]

2. the game's author wasn't aware that the name of the game he's making clashed with another already released game;
2. This is hard to avoid, so is more or less okay, unless the author really doesn't want the clash and decides to change it or be sued by the owner of that other game. Refer to these two AGS games, Ace Quest and Ace Duswell (their titles aren't exactly identical, but for understandable reasons, often times both were referred to as Ace Quest). They're released at roughly the same time so it wouldn't be one copying the other, and amusingly, both games incidentally involve a fat man called Ace.

But when you are reading this one can assume you have access to this huge worldwide information network called the internets where you have all kind of neat and usefull searchfunctions and can find out in less than a minute (probably even less than 10 seconds) if a game with that name already exists and is widely popular in recent times and clashes with your gamename. So there are no excuses there when you release you game on the interwebz.

[Azure]

Legally no, especially if the name is Trademarked ( which is the whole point of Trademarks), Trademarks will sometimes limit their scope to products of a similar type and usually can't cover generic words ( though for a while a company owned the rights to the word Edge related to games -_-). Also why would you deliberately confuse your game with another? The board game thing is a good point and would cover the similar product, didn't Double Fine have to rename Iron Brigade / Trenched because a board game had the same name?

[dactylopus]

The board game thing is a good point and would cover the similar product, didn't Double Fine have to rename Iron Brigade / Trenched because a board game had the same name?

I believe that's so.

Also, of course, Sierra's popular Quest for Glory franchise was renamed because of the board game Hero Quest (which is fun in it's own right).

[Gilbert]

...there are no excuses there when you release you game on the interwebz.

This is not always an excuse. Firstly, this is not limited to well known IPs, and you may release your game just a day after the other one with the same name. The two Ace games are very good examples. Also, if I'm just going to release an innocent amateur game, why must I search the web for duplications beforehand?