If you get genericked, you'll receive an email with instructions on how to contact the GMs to choose an alternate available name for the character.
If you don't get genericked, then don't worry about it. 
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Originally Posted by Nethergoat
it's NEVER too late to pad your /ignore list!
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First off, someone has to report you for it to get gen'd. Second, they usually look for name and look infringment if it's not like say a marvel toon name or something obvious. The name you mentioned seems pretty generic. Third, they give you the option to renamed generic'd toons for free they have you send them 3 choices by replying to the "you have been generic'd" email.
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Average Joes FAP THE MENTOR PROJECT Justice Events
It's too bad the legacy of the lawsuit is self-appointed trademark police "keeping the game safe from another lawsuit" when in fact there is zero possibility of any more lawsuits and the settlement of the previous one requires no action on the part of the players at all. You can see form the OP how it causes needless worry and loss of enjoyment in the game. It's just a shame.
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WARNING: I bold names.
So there should be no problem? That's a huge relief. ^^; Thank you.
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You really don't need to worry about this at all. As was already mentioned there isn't a penalty beyond having to get a new name. Unless you do this repeatedly (as in the "every character you've ever created" kind of repeated), it's not a big deal.|
Originally Posted by Fragment Of Nothing
or worse, get me banned for violations somehow.
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If you're still worried you can always petition yourself to get a GM to look at it. Personally I wouldn't waste my time doing that though.
"Mastermind Pets operate...differently, and aren't as easily fixed. Especially the Bruiser. I want to take him out behind the woodshed and pull an "old yeller" on him at times." - Castle
Neither of those names is going to get you generic'd (well, there's always a chance I suppose, if you get a GM in a particularly bad mood or something....but very unlikely)
You've mentioned that they are more references to a Class or Group rather than actual individual names of existing characters. And they are pretty obscure ones even at that.
Don't worry about it on those. Besides, in the very unlikely situation that they are generic'd, you'll be given a chance to choose new names for them anyway.
[Note, I'm not saying go hog-wild and purposely or blatantly violate the copyright rules, as repeated infractions could potentially lead to bannings, but as long as you don't go overboard or make xxWolverinexx or 'Da Hulk', you'll be fine]
6000+ levels gained and 8 level 50's
Hello, my name is Soulwind and I have Alt-Itis.
If the names were really recognizable, someone would have reported you already. So, yeah, you shouldn't worry about it. However, if it does really bother you, you could always send in a petition and ask for a judgement by the GMs. If they agree that your names need to be genericed, they'll give you the opportunity to rename them for free.
Teams are the number one killer of soloists.
I'm not one to steal names. However, I am one to have dreadful luck; hence my worryings. If that's how the process actually works, though, I suppose there's not much to be scared of...unless somebody makes it their personal mission to get me genericked after seeing these posts. Bah.
I do suppose I need to cease being so incessantly paranoid. If any rednames, mods, or whatnot would like to verify my names, I would really appreciate it. I would LOVE to keep them as long as there's no problem, since I'm pretty attached. Thank you!
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OMG. Someone with actual common sense, logical thinking and reasoning when it comes to the trademark/copyright infringement CYA jargon. |
Originally Posted by Daemodand
It's too bad the legacy of the lawsuit is self-appointed trademark police "keeping the game safe from another lawsuit" when in fact there is zero possibility of any more lawsuits and the settlement of the previous one requires no action on the part of the players at all. You can see form the OP how it causes needless worry and loss of enjoyment in the game. It's just a shame.
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I really wasn't sure there were any left.
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slight problem.|
Originally Posted by Haterade
OMG. Someone with actual common sense, logical thinking and reasoning when it comes to the trademark/copyright infringement CYA jargon.
I really wasn't sure there were any left. |
It wasn't common sense, and it wasn't logical thinking. The risk of lawsuits still remains. Marvel could sue again if they felt that their intellectual property was being infringed upon by City of Heroes. Anybody else is also free to sue if they feel that City Of Heroes is infringing upon their intellectual property.
The actual settlement between Marvel and NCSoft / Cryptic was more of an "in abeyance". It's a legal term. Look it up.
Also, players have to agree to the following terms in the user-agreement:
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| You must choose an account name to identify yourself to NC Interactive staff (your "Account ID") on both the master account as well as a game account. You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of NC Interactive or its affiliated companies, or which NC Interactive deems in its sole discretion to be vulgar or otherwise offensive. NC Interactive reserves the right, in its sole discretion, to (1) delete or alter any Account ID or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right or (3) delete any content published on any electronic boards without notice. You have sole liability for all activities conducted through your Account or under your Account ID. |
The players are expected to do their own due-diligence in regards to the names of their characters. This does require action on the part of the players.
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Anyone can sue anyone for anything. You made absolutely no valid point in that entire paragraph.|
Originally Posted by je_saist
slight problem.
It wasn't common sense, and it wasn't logical thinking. The risk of lawsuits still remains. Marvel could sue again if they felt that their intellectual property was being infringed upon by City of Heroes. Anybody else is also free to sue if they feel that City Of Heroes is infringing upon their intellectual property. |
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| The actual settlement between Marvel and NCSoft / Cryptic was more of an "in abeyance". It's a legal term. Look it up. |
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I've bolded the important part since it applies here. The players are expected to do their own due-diligence in regards to the names of their characters. This does require action on the part of the players. |
I recall an incident several years ago where a guy had mentioned on the boards that he had a character get generic'd, and he had appealed that decision. Despite the CoH character, and Illusion controller if memory serves, not even having Super Speed, or a costume even remotely resembling any of the Flashes various costumes, the ruling against that character was upheld all because of the name itself. It seems that Dark Flash, although there isn't an actual DC character of that name, was deemed a trademarked name.
Other than that one incident, I haven't really heard any real horror stories about trademarked names in CoH.
Well, other than the obvious \/\/01\/3r33n or |-|ulk clones.
There I was between a rock and a hard place. Then I thought, "What am I doing on this side of the rock?"
What the "omg content police waah they's evil!" group doesn't get is that a copyright holder *must* enforce their copyright or risk losing it. Which means if they get word that, say, a group is making X-men clones in COH, they've got to hold PS/NC responsible. Not the players.
Thus, most well known names are unavailable - not taken, just not available. And GMs do go around, when called or just when they see something, and generic names and costumes. It's that or, yes, lawsuits. Whether you like it or not, that's the way of things.
As far as the OP, I'd say from the description he has nothing to worry about.
Do you think these guys would get generiched if they appeared in-game? 
"How do you know you are on the side of good?" a Paragon citizen asked him. "How can we even know what is 'good'?"
"The Most High has spoken, even with His own blood," Melancton replied. "Surely we know."
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So what are you trying to say, Marvel risks losing their copyright because a bunch of people made some X-Men lookalikes in a video game with a character creator and they didn't do anything about it? Seriously?|
Originally Posted by Memphis_Bill
What the "omg content police waah they's evil!" group doesn't get is that a copyright holder *must* enforce their copyright or risk losing it. Which means if they get word that, say, a group is making X-men clones in COH, they've got to hold PS/NC responsible. Not the players.
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This isn't about an artist or studio creating and selling a comic book with a lead character who bares fur and claws and a costume closely resembling wolverine. It's people making characters in a video game with a character creation tool, which certainly is not limited to CoH.
Actually this thread specifically is only dealing with character names, which has nothing to do with anyone making character clones or not.
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Yes. That's the Law. If the owner of a copy/trademark knows of a violation and does not take legal action the trademark may be deemed void and the owner can lose all rights to it.|
Originally Posted by Haterade
So what are you trying to say, Marvel risks losing their copyright because a bunch of people made some X-Men lookalikes in a video game with a character creator and they didn't do anything about it? Seriously?
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As crazy as it sounds that's how it works in this country.
In order to defend itself NCSoft has to be able to show the court that they take action by enforcing the genericing of copyright/trademark violations when they find them or they are brought to their attention.
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Only if they are aware of it, yes. While the players cannot be held liable, NCsoft can if they know about a violation and do nothing about it.
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Originally Posted by Haterade
So what are you trying to say, Marvel risks losing their copyright because a bunch of people made some X-Men lookalikes in a video game with a character creator and they didn't do anything about it? Seriously?
This isn't about an artist or studio creating and selling a comic book with a lead character who bares fur and claws and a costume closely resembling wolverine. It's people making characters in a video game with a character creation tool, which certainly is not limited to CoH. Actually this thread specifically is only dealing with character names, which has nothing to do with anyone making character clones or not. |
Judging by the fact that neither name is a rip, intentional or non, I should have nothing to worry about in this case; all it takes is one look at any of my characters to ascertain I meant no harm in doing this: The Void moniker is just one I've utilized time and time again (Void Dreamer, Void Aegis, Void Surveyor, Void Wanderer). Thanks a load for alleviating my worries, guys.
No offense to anyone in this thread, but I think the issue of intellectual property in general is confusing to most people these days. Unlike previous times in history, the ability to reproduce someone else's work quickly and with little or no effort (via photocopier or computer file) and distribute it worldwide essentially for free (the Internet, peer-to peer filesharing) has somewhat outpaced the law's ability to adapt. Young people raised in this environment in particular seem to have very different ideas about IP than the previous generations.
Meanwhile, the backlash of litigation for profit or for purely tactical purposes has confused the issue in the other direction, making everyone oversensitive about lawsuits.
I would argue that some of the assertions made by both sides are not yet fully tested. We are in a time of flux.
If we are to die, let us die like men. -- Patrick Cleburne
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The rule is that they must be loved. --Jayne Fynes-Clinton, Death of an Abandoned Dog
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Jumping in here: no. This is a common misconception. You are thinking of trademarks. Trademarks and copyrights are closely related but they are not the same thing. A trademark is essentially a word, name, symbol, color, etc. that refers to a specific item. For example, a kleenex (sanitary tissue), a thermos (vacuum container), etc. Failure to defend a trademark will lead to it becoming generic and losing its special protections under state or federal law. We call this in the industry "genericide" (generic + genocide).|
Originally Posted by Memphis_Bill
What the "omg content police waah they's evil!" group doesn't get is that a copyright holder *must* enforce their copyright or risk losing it. Which means if they get word that, say, a group is making X-men clones in COH, they've got to hold PS/NC responsible. Not the players.
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Copyrights have much more substantial protections and cannot be lost in the same way that a trademark is lost. The reason is that copyright has a limited term of exclusivity, once that period has past the item becomes available to the larger public.
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As one of the "self-appointed trademark police" who has reported people for violations, I assure you that incidental cases such as what the OP described above don't make my radar. Creating a red and black-suited character named ".xSp1drmanx." makes my radar.|
Originally Posted by Daemodand
It's too bad the legacy of the lawsuit is self-appointed trademark police...
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To the OP, I wouldn't worry about it. As mentioned above, you won't get banned unless you create blatant ripoffs repeatedly and/or abusively. Given the examples you cited above, I seriously doubt you'll even get genericked. If you do, you'll get an e-mail with instructions on renaming your character--no fuss, no muss.
We've been saving Paragon City for eight and a half years. It's time to do it one more time.
(If you love this game as much as I do, please read that post.)
My favorite Copyright Violation was about someone using a character named after some kind of famous character, getting generic... then appealing and winning the appeal because... well... he actually was the owner of the copyright...
Someone remember the details?
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************* 22 XxX 10 *************
Yes. I can get lost on a straight-line map.
Copyright is also more of a complete package. You can't copyright a name alone, for example, but instead have to copyright an entire character, including name, appearance, general backstory, etc.
That's why both DC and Marvel can have characters named "Captain Marvel" - because they're different characters otherwise, neither one is a copyright issue. However, since they have the same name in the same medium, only Marvel is allowed to actually title a comic book "Captain Marvel", due to trademark issues (which is why DC uses "Shazam").
But due to those same trademark issues, Marvel has to actually publish a comic with that title every so often, or they'll lose it, and DC will be able to use it as a title for their Captain Marvel comics. That's why Marvel keeps giving the name to new characters every few years and starting up a new comic.
So the reason that people can't make X-Men copies in CoH is not due to a possible loss of trademark on the X-Men, but because it's against copyright law for anyone but Marvel to do anything with the X-Men, because they own the characters.
The flip side of that is that, technically, they should allow names to be used as long as those names are for substantially different characters, but they're probably playing it safe, at least as far as the well-known names go. (You can probably get away with using the name of an obscure character or even a non-comics character, especailly if the entire rest of the character is different. Heck, the game itself even uses the name of a Marvel villain for a contact in Grandville - Abyss. The two characters couldn't be more different other than the name)
I don't know whether they'll let you outright use public domain characters, but I'd imagine they'd proably generic them just to be on the safe side.
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Good to hear. Oh, by the way, what is your legal expertise that makes your opinion on a legal matter worth even the time of day?
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Originally Posted by Daemodand
It's too bad the legacy of the lawsuit is self-appointed trademark police "keeping the game safe from another lawsuit" when in fact there is zero possibility of any more lawsuits and the settlement of the previous one requires no action on the part of the players at all.
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Paragon City Search And Rescue
The Mentor Project
Hey, this is a bit of an odd thread, but it's addressing a problem that's plagued me for a long time.
I have a serious issue with accidentally using names that I think might be associated with other things, and then lack the cash to buy rename tokens to bail me out. Yes, I know, research the names first, but I wasn't doing that back when I came up with some of this stuff.
I can completely assure you this was all done by coincidence, and I'm just hanging my head and groaning in horror after googling the names on a whim one day.
My issues are as follows:
Void Wanderer (I'm concerned this bears similarity to Ultima Online's Wanderer of the Void character, though the two share no resemblance or traits whatsoever) (Level 50 Empathy Defender)
Revenant Pyre (Regretfully shares a similar name to Runescape's revenant pyrefiends, apparently) (Level 5 or so Demons/Dark Mastermind)
If Pyre has a problem, I can delete her with no real problem should the need arise. However, Void Wanderer has been a main character of mine for a long time, and I don't want to see her genericed, or worse, get me banned for violations somehow. Am I going to actually have a problem here?