Commercial Selling - Can I use major website names?

[GhostDev]

So I am currently planning a game which will most likely use the name of major websites. Will this prevent me from selling it commercially?

Thanks!

 

[djDarkX]

If their name is copyrighted, yes.  If not, better to ask the owner of the wbesite first, just in case.

 

[Andar]

if you're using registered trademarks or similiar property that you do not own, then you can be asked to remove that program from the internet.


It doesn't matter whether you do that non-commercial or commercial - it can be ordered in both cases.


If you're using the names in a commercial game, that simply increases the risk of additional fines and how fast you'll be ordered to take it down.


If you make that game non-commercial, you might have better chances of being ignored - but you're still violating the law and might still be ordered to take the game down.

 

[byrdbones]

I agree with the above. I am curious now, what kind of a game you're making that uses major website domain names?

 

[GhostDev]

if you're using registered trademarks or similiar property that you do not own, then you can be asked to remove that program from the internet.

It doesn't matter whether you do that non-commercial or commercial - it can be ordered in both cases.

If you're using the names in a commercial game, that simply increases the risk of additional fines and how fast you'll be ordered to take it down.

If you make that game non-commercial, you might have better chances of being ignored - but you're still violating the law and might still be ordered to take the game down.

Ok. So, could I do what some games do and change the name slightly? For example, instead of Reddit, I could call it Ribbit.

I agree with the above. I am curious now, what kind of a game you're making that uses major website domain names?

Well, I was thinking of making a sort of internet RPG where you are inside the internet and completing quests and stuff. At the moment, I am just stuck with formulating the story line and wanted to make sure that I wasn't investing too much time in something that could get me into trouble.

 

[Andar]

yes, if you change the names a bit and stay non-commercial, that shouldn't be a problem.


If you want to sell the game, then there might be minimum requirements on how much a name has to be changed based on the possibility of mistaken trademarks - but you'll need a lawyer to sort those out...

 

[GhostDev]

yes, if you change the names a bit and stay non-commercial, that shouldn't be a problem.

If you want to sell the game, then there might be minimum requirements on how much a name has to be changed based on the possibility of mistaken trademarks - but you'll need a lawyer to sort those out...

Ok, thanks! I will probably continue to work on it here and there, and hopefully get it out as a non-commercial game.

 

[Zeriab]

Well, I was thinking of making a sort of internet RPG where you are inside the internet and completing quests and stuff. At the moment, I am just stuck with formulating the story line and wanted to make sure that I wasn't investing too much time in something that could get me into trouble.

Depending on how you use them it may or may not go under the fair use.

I don't really know when that takes effect so I consider it kind of a tricky area

 

[cosmickitty]

A lot of the kids shows use "pearpad" instead of "ipad" (don't ask why I know that) just have to come up with clever spins on the names.  Could be half the fun of the game

 

[Jomarcenter]

I think it depend, like "World of the Web" flash games(search it up) they use real website name as allied name and it also let's you battle with other sites (as in Facebook vs. Kongregate or anything where they put the game up)

And they are still up until today no trouble with the developers.

you may do it as long as it not commercial or anything. Or if it doesn't cause anything to their reputation going down.

 

[Andar]

you may do it as long as it not commercial or anything. Or if it doesn't cause anything to their reputation going down.

No.
Those cases are up until someone from the original copyright-holders take exception to it. That depends on how fast they learn that those sites exists and what the contents of those sites are.


There were cases where fangames were taken down after years simply because the publisher of the original game made a new part and didn't want a google search to turn up anything else but the newest part (and links to official previous parts).


The copyright holder may tolerate those sites, but even that decision to tolerate might be revoked later unless you get written permission.


But that doesn't change the fact that without that permission they're breaking the law, and that those sites can be taken down within minutes after the copyright holder learns about them and decides to go against them.


Do you really want to risk that with a game you spent a lot of time making?

 

[cosmickitty]

you may do it as long as it not commercial or anything. Or if it doesn't cause anything to their reputation going down.

Agreed, it seems to be a common belief that if you're not making money from something you can't commit copyright infringement.  Just because you don't receive a dollar profit for something doesn't mean the law magically doesn't apply.  All it means is that your project will most likely not get big enough to get the attention of the companies in question. 

 

[CRogers]

A lot of the kids shows use "pearpad" instead of "ipad" (don't ask why I know that) just have to come up with clever spins on the names.  Could be half the fun of the game 

There is a perception that they change the names because they have to (as in Apple would get upset with them). That's not true. The reason they change the name is because they would be giving free advertising, which would upset the people paying for advertising.

Imagine you were Samsung and were paying for commercials on a show that kept talking about the iPhone, you'd be pretty upset that they were giving free advertisement to a competitor. If you were also talking about products for free it would make it very difficult to get paid for product placement.

If you want to write a game where one character says to the other "I was on Reddit the other day and..." that's fine. Reddit doesn't have the right to prevent people from talking about their site. You could even sell your game and criticize Reddit if you wanted.

What you can't do is take someone else's ideas and use them as your own (fair use exception exists though). For example if in your game you created an internet forum with fake web postings and called it Reddit, you are potentially now infringing (you created the impression that this was Reddit).

It should be noted that a company could always threaten suit, even if you are in the legal right. Many people/groups will avoid any content that even has the possibility of infringement just because it isn't the risk/cost of legal action.

All of the above is based solely on American law and my experiences with commercial fiction and what may and may not be talked about.

 

[Misaki]

Ever play Stick RPG series? You'll be able to visit a WallyMart and buy a lighter and a laptop so you can hack to make money, or visit McSticks(Is that right?).

 

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