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- Are video game titles copyrightable? No. But they are protected by trademark. Trademark law concerns itself more with marketing, branding, and business practices, and is concerned with avoiding confusing consumers as to the source of a product or service.
www.newmediarights.org/guide/legal/Video_Games_law_Copyright_Trademark_Intellectual_Property
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Trademark clearance: How to check if a game title is registrable and can be used safely. Trademark clearance should precede not only an application for registration of a game title as a trademark, but indeed the very choice of the intended title (even if the developer ultimately decides not to register it).
Are video game titles copyrightable? No. But they are protected by trademark. Trademark law concerns itself more with marketing, branding, and business practices, and is concerned with avoiding confusing consumers as to the source of a product or service.
- Copyright Protection of Titles
- Titles and Trademarks
- Unresolved Issues
The Berne Convention
The purpose of the Berne Convention is to safeguard “the authors’ rights to their literary and artistic works”. Although the convention does not contain a more detailed definition of what is regarded as a ‘work’, the concept of ‘literary and artistic works’ is described in Article 2(1) as “every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression”. The provision contains a non-exhaustive exemplification of what such works may consist...
Originality requirement in EU copyright
The requirement that, to enjoy copyright protection, a work must be original (in the sense that it must be the result of the author’s own intellectual creation), follows directly from three of the copyright directives: 1. Article 3(1) of the Database Directive (EU Directive 96/9); 2. Article 1(3) of the Computer Programs Directive (EU Directive 2009/24); and 3. Article 6 of the Copyright Duration Directive (EU Directive 2006/116). However, on the basis of Infopaq, it is assumed that the origi...
It often happens that a title of a copyrighted work goes from being ‘just’ a title of a work to functioning as a designation of commercial origin (ie, a trademark). The registration of titles as trademarks must be treated according to the general principles of trademark law. There are no specific rules for the protection of titles as trademarks in ...
In its latest decisions concerning trademarks consisting of the titles of fairy tales by Hans Christian Andersen, the Danish Patents and Trademarks Office was called to consider whether the principles stated by the Court of Justice of the European Free Trade Association States in Vigeland (Case E-5/16, 6 April 2017) can be applied to such cases. In...
Feb 26, 2020 · Trademarks can arise through usage and do not need to be registered or claimed but they must be enforced by the holder or they lapse. Putatively, the other game has a common law trademark that you would be infringing. If the owner of the other game defended their trademark, you would lose.
You can trademark a game name. You can also trademark any logo or slogan used to advertise your game, as well as the characters in the game. Plus, you can trademark the icon that represents your video game in the App Store or Google Play.
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- The Law Office of Michael E. Kondoudis
Feb 1, 2015 · This article analyses how copyright in software, artwork, music and film, among others, in computer games is protected in the UK. It also considers, among other things, the use of trade marks, age classification and industry specific IPR issues.
Jan 19, 2022 · Do you need to trademark your game’s name? Is it safe to release without a trade mark? What to do if a fellow dev accuses you of infringing their rights? We caught up with Tim Repa-Davies, games lawyer at media and technology law firm Sheridans, to discuss how game developers can navigate the often intimidating realm of trade marks.
