The gaming industry is more competitive than ever, with thousands of games released annually across various platforms. While developers focus on gameplay mechanics, graphics, and marketing strategies, one critical aspect often overlooked is the legal viability of a game’s name. Failing to conduct thorough research before launching a game can lead to costly consequences, including forced rebranding or legal battles over trademark infringement.

The Importance of Checking for Existing Trademarks

Before selecting a name for a new game, developers must ensure that no other company or individual holds trademark rights to that name. A trademark grants its owner exclusive rights to use a specific name, logo, or slogan in commerce, in connection with specified goods and services, preventing others from using a confusingly similar name in the same industry. If a game is released under a name that infringes on an existing trademark, the owner of that trademark can take legal action, resulting in:

• Cease and Desist Orders: The trademark owner can demand that the developer stop using the name immediately.

• Rebranding Costs: If a name change is required post-launch, developers will have to update branding materials, in-game assets, websites, and marketing campaigns—all of which are costly and time-consuming.

• Legal Fees and Damages: Defending against a trademark infringement claim can be expensive, even if the case does not go to court. If the trademark owner wins, the developer may be liable for damages.

• Loss of Brand Recognition: A name change after launch can confuse players, weaken brand identity, and negatively impact sales and downloads.

High-Profile Cases of Game Name Conflicts

There have been several notable cases where developers had to change their game names due to trademark disputes:

1. Scrolls vs. The Elder Scrolls: Mojang, the creators of Minecraft, faced a legal challenge from Bethesda over their card-based game Scrolls. Bethesda argued that Scrolls was too similar to The Elder Scrolls trademark. The case was eventually settled.

2. CandySwipe vs. Candy Crush Saga: King, the developers of Candy Crush Saga, attempted to trademark the word “Candy.” This led to a legal dispute with CandySwipe, a game that had been released earlier. The conflict resulted in public backlash, and while King eventually withdrew its broad trademark claim, the dispute caused unnecessary stress and expenses.

3. No Man’s Sky vs. Sky TV: Hello Games, the studio behind No Man’s Sky, had to negotiate with British broadcasting company Sky, which claimed trademark rights over the word “Sky.” The dispute delayed the game’s release, demonstrating how even a seemingly generic word can lead to legal hurdles.

Steps Developers Should Take Before Naming Their Game

To avoid potential legal issues, game developers should take the following steps:

1. Conduct a Trademark Search: Use databases like the U.S. Patent and Trademark Office (USPTO), European Union Intellectual Property Office (EUIPO), or other regional trademark databases to check if the game name is already registered.

2. Check Domain and Social Media Availability: A name may be legally available but already heavily used online. Ensuring domain name and social media handle availability can help with branding consistency.

3. Search Gaming Platforms: Check platforms like Steam, PlayStation Store, Xbox Marketplace, and mobile app stores to see if a similar name already exists.

4. Consult a Trademark Attorney /Secure the Rights in the Name: Before investing time and resources into a game name, Developers should consider consulting a trademark attorney. Trademark attorneys can help developers assess the risk of using a particular name for their game and assist them in securing rights to the name.

Conclusion

Failing to do proper due diligence on a game’s name can lead to unnecessary legal troubles, branding disruptions, and financial losses. By taking proactive steps to ensure a name is legally available before launch, developers can protect their investment, build a strong brand identity, and avoid costly trademark infringement disputes. In the world of game development, prevention is always better than a legal battle. If you have trademark-related questions or if you need assistance obtaining a registration for you marks, we can help!