naming issues

Discussion in 'Indie Basics' started by xDan, Oct 5, 2010.

  1. xDan

    xDan New Member

    Joined:
    Mar 28, 2007
    Messages:
    107
    Likes Received:
    0
    About 3 months ago I registered the domain "tripleyay.com" with the idea of calling myself "Triple Yay Games". At that point in time there was nothing in google using that term.

    Fast forward to now, when I'm thinking about actually creating my website, beta test my game and all that, and in that time period an iPhone game has popped up called "Triple Yay".

    It's not a company called that, just a single game, but still I'm wondering if there could be a problem with this... I suppose it would be safest just to choose a different name, since at this point in time it wouldn't hurt. Yet I really liked that name...

    Thoughts?
     
  2. Olofson

    Original Member

    Joined:
    Dec 11, 2005
    Messages:
    270
    Likes Received:
    0
    Even if you were first to use the name officially, there is no copyright or similar for names, so unless yours is a registered trademark, there is little protection.

    If your business was "widely known" as Triple Yay Games" by now, that would have prevented anyone else from registering that as a trademark AFAIK - but I'm not sure that has any bearing on whether or not someone could use the name for a single product, like that game.

    Any lawyers around here..? :)
     
  3. AlexWeldon

    AlexWeldon New Member

    Joined:
    Feb 6, 2008
    Messages:
    1,256
    Likes Received:
    0
    I don't think he's asking whether he can force the other guy to rename his game... that would be a "no." I think his question is whether he can still use the name himself without the other guy being able to stop him. That, I don't know. You did register the domain before he made the game, and with the intention of using it, not just squatting... but if you didn't actually put anything up on the site, I don't know.

    I guess you could always contact the developer and see what kind of person he is, whether he's going to be a jerk about it or not. Maybe he'll let you use the name, or maybe he'll offer to buy the domain...

    To be honest, "Triple Yay" is not a great name IMO, so I'm sure you can come up with something better if it comes to that.
     
  4. Olofson

    Original Member

    Joined:
    Dec 11, 2005
    Messages:
    270
    Likes Received:
    0
    What I'm suggesting is that there isn't necessarily a way for anyone to force anyone anywhere in this case. It's rather common with multiple organizations, companies, products and whatnot having identical or similar names - though they're usually operating in completely different domains, so there is no competition and minimal risk of confusion.
     
  5. xDan

    xDan New Member

    Joined:
    Mar 28, 2007
    Messages:
    107
    Likes Received:
    0
    Hmm, I thought Triple Yay would be a fun pun on "Triple A". Anyone else think it's a rubbish name? That'd solve my problem, at least :)

    There might be a risk of confusion yes, I suppose that would work both ways. People searching for my website will find millions of links to this other game.
     
  6. Vino

    Vino New Member

    Joined:
    May 16, 2010
    Messages:
    345
    Likes Received:
    0
    The pun on triple-a is clever but "yay" is a weak word. I think you can do better.
     
  7. barrygamer

    Original Member

    Joined:
    Apr 10, 2006
    Messages:
    490
    Likes Received:
    0
    I'm not that keen on the name (as vino said, 'yay' just isnt a strong word, and neither is 'triple' really), and I didnt notice the pun either(!). But, I know people get very attached to names if they've been used in your project for some time.
    Some funny game company names lately, look at 'Hello Games' for starters .
     
  8. Chris England

    Chris England New Member

    Joined:
    Sep 22, 2009
    Messages:
    81
    Likes Received:
    0
    With names, it's as much about getting them known as anything else. 'Valve' isn't actually a very good name, and nor is IBM. Team Fortress is another pretty poor name. Guess what? Nobody really cares, they're more interested in the products you produce. If you make a great game, please will associate the name Triple Yay with good things and will like it more.
     
  9. bantamcitygames

    Administrator Original Member Indie Author Greenlit

    Joined:
    Jul 27, 2004
    Messages:
    1,731
    Likes Received:
    78
    I don't think the name is great (neither is ours), so I would contact the iPhone dev and ask them if they want to purchase the domain for some amount greater than what you paid for it, come up with a new name for your company and call it a day. Any other road is just asking for trouble.
     
  10. xDan

    xDan New Member

    Joined:
    Mar 28, 2007
    Messages:
    107
    Likes Received:
    0
    Ok, I see the point. It was more personal attachment to the name than me thinking anyone else cared. I'll probably change it if only to get cleaner google results.
     
  11. Vino

    Vino New Member

    Joined:
    May 16, 2010
    Messages:
    345
    Likes Received:
    0
    There is a statute of limitations on that though, if you name your company "Shitty Games Incorporated" that will probably cause a first impression that you don't want.

    But for the most part, yeah. A rose by any other name.
     
  12. Obscure

    Indie Author

    Joined:
    Jul 27, 2004
    Messages:
    228
    Likes Received:
    0
    Copyright applies to creative works but there certainly is something "similar for names". Trademark law protects a name or logo and they do not have to be registered in order for you to gain protection. Registering makes it easier to stop someone else using it but isn't essential. However you do need to be using the name/logo to trade (or be able to prove that you were preparing to).

    Given that the name is basically worthless at this time it really isn't worthwhile for the OP to get into the costly process of trying to prove who had the name first. Best to just pick a different name.
     
  13. ManuelMarino

    Original Member

    Joined:
    Jul 4, 2005
    Messages:
    317
    Likes Received:
    4
    The safe way is using a name with your surname in it. This is to prevent duplicates.

    Anyway, there are thousands with your surname, but how many working in your same industry?
     
  14. Desktop Gaming

    Moderator Original Member Indie Author

    Joined:
    Feb 24, 2005
    Messages:
    2,296
    Likes Received:
    12
    You don't need to prove it. Register it as a trademark, send the other guy a C&D, job done.
     

Share This Page

  • About Indie Gamer

    When the original Dexterity Forums closed in 2004, Indie Gamer was born and a diverse community has grown out of a passion for creating great games. Here you will find over 10 years of in-depth discussion on game design, the business of game development, and marketing/sales. Indie Gamer also provides a friendly place to meet up with other Developers, Artists, Composers and Writers.
  • Buy us a beer!

    Indie Gamer is delicately held together by a single poor bastard who thankfully gets help from various community volunteers. If you frequent this site or have found value in something you've learned here, help keep the site running by donating a few dollars (for beer of course)!

    Sure, I'll Buy You a Beer