Hello, I was just wondering if I make a game that has the same name as someone else's will it be OK?
You could try and tweak it a bit (add/change a word?), but there are plenty of movies with the same names so why not?
You should definitely create a game called "King's Quest: Quest for the Crown." I'm sure nobody would mind the duplication of the name :)
It's such a broad question. What name are you thinking about? Also, why wouldn't you want your game to have an original name?
When I first read the thread title, I thought this would be a discussion about if game names matter, as in, do games with cooler names attract more people, and if so, what makes a name good?
I have to say the actual query disappointed me a bit... why would you use an already taken name? Seems unnecessary.
Quote from: Andail on Sun 11/08/2013 18:16:12
When I first read the thread title, I thought this would be a discussion about if game names matter, as in, do games with cooler names attract more people, and if so, what makes a name good?
I have to say the actual query disappointed me a bit...
Same.
Quote from: Andail on Sun 11/08/2013 18:16:12
When I first read the thread title, I thought this would be a discussion about if game names matter, as in, do games with cooler names attract more people, and if so, what makes a name good?
THAT sounds interesting. Let's make that thread!
...with the same title as THIS thread :D
Looks like smooth sailing for my upcoming masterpiece: The Downfall of the Blackwell Resonance - Chapter One: Primordia Confidential.
Man, I am gonna be so rich!
This is a good time to announce my next project - Barn Runner: Eternally our RAM Ghosts.
Move over and let me introduce my next alien-themed game:
DOOM 2: The Rage and the Mortal Kombat between Aliens, Colonial Marines and Hitmen at Battlefield Earth.
Tagline: "Payne will be awarded with a Medal of Honor"
Quote from: Oldschool_Wolf on Sun 11/08/2013 18:39:32
This is a good time to announce my next project - Barn Runner: Eternally our RAM Ghosts.
I shall trump that. Because soon
I will make
"Indiana Jones and the Day of the Comet with the Tentacles From Twenty Thousand Leagues Of The Extraordinary Gentlemen Below The Ocean Spirit Tennesee, Chapter 1: Daemons In The Black Well*"
__
* Rob Liefield will do the sprites.
I *WAS* actually working on a game called "By the Gun: Tales of a Gun", to be released just before TerranRich's similarly named game. But then work on his game stopped, then he disappeared, now probably no one remembers it, even...I bet he'll capitalise on MY fame instead! :(
Staying on-topic here... I think we really need more information about what the title is. If it's something simple and generic, you might consider changing it up a bit, or it might be a perfectly befitting title for your game. Ultimately it's up to you what name you want to give your game. I'm working on a particular project right now with a very generic name, but it was the first name I came up with and it fits. It's also a single-word title, so it's hard to really say that I "ripped it off" (although I can't off the top of my head think of anything else using that exact title) as opposed to just making a game about that particular topic. Go with your instinct, but don't intentionally rip someone else's title off. Chances are your game would be outshined by theirs anyway, and brand recognition is a huge part of gaming (for a lot of people; and more generally it's a big part of marketing any product).
P.S. I was rather confused by the two topics myself, and conceived that they would both be discussions related to the topic Andail started. (laugh)
If it's a game released by a big currently functioning developer or publisher they will try to force you to change your title. See Bethesda/Mojang "scrolls" conflict. Conversely if it's a title released by a now defunct developer/publisher or otherwise abandonware, or just a small title, there will be little or no consequences. See how Molyneux simply hijacked "Fable" to himself. However, regardless of all this, why would you want to share a name with another game, or even worse, detract players from another game to yours? It's in the very least confusing and inconvenient to deal with. Just make your own name, however similar you wish, but still different and distinct.
There was a game that came out a little while ago called
Blackwell, but to be fair they do have this disclaimer on their website:
QuoteBlackwell is the result of our 6-weeks production at DADIU, the Danish Academy of Digital Interactive Entertainment. We are NOT, in any way affiliated to Wadjet Eye Games (sorry Dave!), nor we plan to develop any Blackwell franchise. What you see is a student project, we hope you'll enjoy it as such.
From what I gather they changed the name to
Blackwell's Asylum... so now they're ripping off two popular recent franchise titles in one hit :P
Quote from: Stupot+ on Mon 12/08/2013 16:37:29
There was a game that came out a little while ago called Blackwell, but to be fair they do have this disclaimer on their website:
QuoteBlackwell is the result of our 6-weeks production at DADIU, the Danish Academy of Digital Interactive Entertainment. We are NOT, in any way affiliated to Wadjet Eye Games (sorry Dave!), nor we plan to develop any Blackwell franchise. What you see is a student project, we hope you'll enjoy it as such.
From what I gather they changed the name to Blackwell's Asylum... so now they're ripping off two popular recent franchise titles in one hit :P
They are pretty cool guys, actually. I contacted them after a few adventure game websites wrote about their game mistaking it for my own. The game takes place on the real-world Blackwell Island, and there was an asylum there, so it's not like I could force them to change it. Still, they agreed to put up the disclaimer. The game ended up being in the IGF student showcase. I went by their booth to say hi. They had their picture taken with me. It was kind of funny. :)
I just want to say sorry about the past title of the thread.
While you can use the same name as another game, you should ask yourself "should you?". I know you can't copyright a title, but you can trademark it. If you're naming a game the same as a trademarked game from a big company, you could be asking for some legal trouble (even with a freeware game). Also if you aren't naming it the same as another big title, it still could create some confusion in the marketplace (assuming this was a commercial game). If you want people to find your game when Googling it, would the other game come up more? If so you may want to consider a different name. However, if the other game is very obscure, or long abandoned, then you might be okay using the same name. Just "play nice" and you'll probably be okay.
Just something to think about.
shadowface, instead of
just saying sorry, why not actually
discuss the question at hand (it was
your question after all!)? Sure, a lot of the posts here are sarcastic and poking fun at you, but you didn't give us much to work with. For example:
Quote from: monkey_05_06 on Sun 11/08/2013 21:34:39I think we really need more information about what the title is.
You don't even have to tell us about your project if you're not ready to unveil anything (I myself have dozens of projects that I work on rather casually, and I try to avoid giving specific details about them). If the title is something that could easily be confused for someone else's work, then you probably want to avoid it anyway, but the case of Blackwell (Blackwell's Asylum) seems like a relevant case-in-point. That project is about a real-world, real-life location, and they named it accordingly. The disclaimer that they are not associated with WEG's Blackwell series not only clarifies that point, but could also serve as a redirect to anyone who mistakenly stumbled on their game while looking for the series. Sure, they could have come up with a different title, but it was well within their right to use the name in this situation.
If you intend to use a title that is the same, or even reasonably similar, to anything (game, book, movie, etc.) that has already been released/announced, then you should take careful consideration as to why you want to use that name in the first place. In this case context really does make all the difference, but if you can't even explain that much to us, then I don't think we can usefully have a discussion about it (beyond what has already been said).
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 (http://www.adventuregamestudio.co.uk/site/games/game/3/) and Ace Duswell (http://www.adventuregamestudio.co.uk/site/games/game/201/) (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.
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. :)
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.
Quote from: Iceboty V7000a on Tue 13/08/2013 07:58:08
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 (http://www.adventuregamestudio.co.uk/site/games/game/3/) and Ace Duswell (http://www.adventuregamestudio.co.uk/site/games/game/201/) (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.
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?
Quote from: Azure on Tue 13/08/2013 13:26:16
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).
Quote from: selmiak on Tue 13/08/2013 13:09:35
...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?