Banned names "Generic 123 456 789"
There's no sure-fire way to tell, it basically comes down to how generous or lenient any GM who happens to see your character is feeling at the time and whether or not anyone petitions you (which generally only happens when you really take the piss and rip off well known character names and looks).
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Well, my character looks nothing at all like the trademarked character (Who is not a robot). In fact, the costume is a wonderfully colorful robot that exists for my own reasons and concepts. One of the first persons that saw it in Atlas said "It looks like Salvador Dali built a robot." FTW! Of the alien race from the other game, also, not looking like an alien. Plus, its a whole race, not one character. And I didn't even find out about them until I googled the name the day after I made it up.
Still it is kind of annoying, in the back of my mind to think i could 50 this guy, I/O him, Incarnate him to the gills, only to be Generic'd. Wish there was a way to find out so I could trashcan him now.
If you named your character what I think you did its a wonder you made it to 50 first.
They used to issue rename tokens with genericed characters but I'm not sure what the policy is now.
You knowingly copied a trademarked name and even admitted as such right here (and no, a single letter difference is not excusable) A person noticed it and filed a petition which in turned caused your character to be generic'ed. It is that simple. You know the rules, you broke them, and you got caught. Now stop whining because you claim you didn't break it as far as someone else.
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You knowingly copied a trademarked name and even admitted as such right here (and no, a single letter difference is not excusable) A person noticed it and filed a petition which in turned caused your character to be generic'd. It is that simple. You know the rules, you broke them, and you got caught. Now stop whining because you claim you didn't break it as far as someone else.
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My more serious concern is to the actual spelling of the name, and finding it being used elsewhere. But not as a super powered hero/villain. Not sure what kind of ground i am on there.
But what I am getting is that the Generic tool is more or less capricious. Which was my greatest fear all along. I do not mind following rules, but it is much different when they are "more like guidelines."
Naming your character Zerg, Zurg, Zirg, Zyrg or any other variant of spelling, is more than likely going to get your generic'd. You say you named it knowingly, so that doesn't help.
Now, if you've role played your character as something completely different, you may be ok. It just depends on the GM.
I will say this. I named a character once, leveled him into the 40s, and was then harassed by an over zealous player accusing me of ripping off a Teletubbie. I didn't realize it was a name used on the show, I had just named my Crab something ironic. I figured Tinkly Winkly would be a funny name to use on something with spider legs come out of its back. I told the player as much, but they piously told me they were reporting me. I thanked them for their time and told them I doubt I'll be contacted. I never was.
Sometimes, if you look and treat the character differently enough, a name can be overlooked. Or at least, that's my guess.
@Rylas
Kill 'em all. Let XP sort 'em out.
Misread much? I have not been Generic'd, which is why i ain't saying the name. And the name is one syllable, has about 12 alternate spellings I can think of. If you take a character like "Mork", from Mork and Mindy. And you name a character "Mark" are you Generic'd because you are to close too "Mork"???
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According to US trademark/copyright laws, you can legally skirt the law by changing at least 30% of the name/likeness. Since the difference between "Mork" and "Mark" is only 1 letter, which is valued as a 25% change, there would be grounds for a genericing whether or not they can prove that you intended to violate a trademark/copyright.
In the end, they can generic anything for any reason as it states so in the EULA. It's only depending on who gets the complaint and if they want to spend the time researching if it violates any trademark. But, if they get a complaint, it's likely that they will generic seeing as it was something noticable enough for a player to report.
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Rylas, just because is from Bliz doesn't mean people know of it - re-read what he slwrote, he didn't not knowing copy Starcraft.
Frostbiter : they have never issued rename tokens for Genericing. First of all, they were Genericing before they had purchasable renames. Second, they want to vet the name first.
Commander : likeness would tip it past 30%
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Naming your character Zerg, Zurg, Zirg, Zyrg or any other variant of spelling, is more than likely going to get your generic'd. You say you named it knowingly, so that doesn't help.
Now, if you've role played your character as something completely different, you may be ok. It just depends on the GM. I will say this. I named a character once, leveled him into the 40s, and was then harassed by an over zealous player accusing me of ripping off a Teletubbie. I didn't realize it was a name used on the show, I had just named my Crab something ironic. I figured Tinkly Winkly would be a funny name to use on something with spider legs come out of its back. I told the player as much, but they piously told me they were reporting me. I thanked them for their time and told them I doubt I'll be contacted. I never was. Sometimes, if you look and treat the character differently enough, a name can be overlooked. Or at least, that's my guess. |
Wiki "An erg is the unit of energy and mechanical work in the centimetre-gram-second (CGS) system of units, symbol "erg". Its name is derived from the Greek ergon, meaning "work".[1]
An erg is the amount of work done by a force of one dyne exerted for a distance of one centimeter. In the CGS base units, it is equal to one gram centimeter-squared per second-squared (g·cm2/s2). It is thus equal to 10−7 joules or 100 nanojoules (nJ) in SI units."
The character is a Energy/Energy blaster. In my mind he just generates a lot of erg, that's his power. I wish I was at my gaming computer, I could post you an image of him. He looks, well, in a two words colorfully gawdawful.
But 25% difference is less than 33% difference. Sigh. Now, I did google it after the fact, and found this.
Wiki again. "The Zerg Swarm is a race of fictional parasitic insectoids and the overriding antagonists of the StarCraft series. The term "Zerg Rush" or "zerging" has entered video gaming jargon to describe sacrificing economic development in favour of using many low-cost and weak units to rush and overwhelm an enemy by attrition or sheer numbers.[36] The tactic is infamous, with most experienced RTS players being familiar with the tactic in one form or another."
I am posting because I am butting up against two different copyright problems. I feel I am different enough in name and concept from the one "Zurg", but would love to know in fact. On the other, mine is a super powered robot, and I am not in competition for creating with a game company in creating an alien race. Also, keep in mind the fact that these two companies have these two branding names so close to each other and have not sued each other says there is substantial difference, mainly because concept/application are so different. And, the one letter of course.
To the OP, you could always ask (PM) the Community Team or (Contact) Support in advance, and say that if they are concerned would they please issue that character a free rename token.
No harm in asking and better response with your being forward rather than waiting to get pettitioned.
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Request a senior GM if you contact support.
Oh and if you get an it's fine confirmation, hold on to it for later reference if your character ever gets petitioned/genericed.
(Some players kept their names after a game character used the same name, players got a forced rename, but some were able to get their original name back at the discretion of the devs/support team.)
Rylas, just because is from Bliz doesn't mean people know of it - re-read what he slwrote, he didn't not knowing copy Starcraft.
Frostbiter : they have never issued rename tokens for Genericing. First of all, they were Genericing before they had purchasable renames. Second, they want to vet the name first. Commander : likeness would tip it past 30% |
I have submitted a request for a ruling. I would rather know now and cut my losses rather than deal with it in a few weeks when I have grinded incarnate trials with him. I may have to rework my whole character concept and rethink some things to get the creative juices going again.
Doing an homage to a character is always a fine line. Getting it close enough without crossing the line is tough. I've seen far too many characters that use the same colors in the same pattern AND use a name in the same vein. I have seen Emerald Archer and Green Flashlight, not to mention a host of xxx-El characters clad in blue, red, and yellow. Worse, some homages mention copyrighted places and groups in there bios, making it even harder to ignore them. You could easily make an oversized blue guy in torn red pants-- but do green skin and purple pants? You ask too much. You can easily do stuff in the style, without crossing the line.
Remember also there are lots of players who remember the Marvel lawsuit and do to this day help to police the game reporting the Eula violators. If they are a possible threat to the game they won't be welcome. Whether they be level one or fifty, any player could see such a clone and bring it to the attention of the copyright owner.
The reverse is true is well. I have seem a few CoH names used as actual comic character names. With millions of toons created over seven plus years, it HAD to happen.
The safest thing to do is if you find an available name do a google search , possibly with "comic" or "hero". If you get to many hits to all of the above you are
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I figured Tinkly Winkly would be a funny name to use on something with spider legs come out of its back.
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FTW. Okay, we did not take long to get the luandry out in the open. The copywrited character is "Zurg." My character is Zerg. I originally tried Xerg, taken. For my mind, in that momemt, I was playing off the Erg and wanted something short and powerful. I like me a X or Z at the beginning of that kind of name.
Wiki "An erg is the unit of energy and mechanical work in the centimetre-gram-second (CGS) system of units, symbol "erg". Its name is derived from the Greek ergon, meaning "work".[1] |
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Rylas, just because is from Bliz doesn't mean people know of it - re-read what he slwrote, he didn't not knowing copy Starcraft.
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In all fairness, the OP doesn't clearly give a timeline. It easily reads as "he found an available name", "searched the name", "found possible copy-right infringement" and "chose to use it anyway." I suppose he could have made the character with the name AND THEN found the copy-righted likeness, but it's not explicitly outlined as saying such.
@Rylas
Kill 'em all. Let XP sort 'em out.
The exact timeline. I thought of Erg. My character is a robot, and looks like nothing you have seen in Atlas costume contests, much less like the Toy Story guy. I tried Xerg, taken. Zerg worked. Yes, I knew about "Zurg" Heck, I love the Toy Story stuff. But my concept and development are way far away from that. I got worried about it, and googled Zerg. that's when I found out about the Starcraft thing. I do not play that game, and was unfamiliar. also found that another very big MMORPG has a lot of players that use the term Zerging to describe endless "get them pile on" tactics. I don't play over there, didn't know. I got more worried. posted here for comments/advice/disparaging remarks. received instructive comments, good advice, and disparaging remarks. check. Sent an e-mail request to the help desk for a ruling. Based on their numbering system it looks like about the 1900+ request they received today. They should jump right on it.
Also, to be extremely clear, my character does not look like any of the material from either possible problem source. He is a basic Robot, including the bot claws. the big tech/steampunk hands. tech wings. tricked out a half helmet with projections. Then the art begins. I used contrasting colors across all of him. Blues, pinks, purples, oranges, greens, muaves, yellows, teals, etc. I only wish there were more available. Trying not to repeat the color near any variation of that family in the costume is an art. Also getting just the right shade of pink against the perfect shade of green, which then jars against a precise blue. Takes forever. Worth it? oh yeah! That's when you get the comments "Salvador Dali built a robot" YES! I knew i had it dialed in then.
Other than that, I've got nothin'. Usually GMs err on the side of caution. You can open a Support ticket to dispute their decision, that's your only recourse.
Unless the name Zerg is trademarked by Blizzard, and I don't believe it is, there is little to worry about. The Zerg race is not a trademarked product line nor the mark of trade of a franchise (that would be "Starcraft") or business entity (that would be "Blizzard Entertainment"). A name can not be copyrighted, so there is no copyright violation to contend with.
There is virtually no legal grounds that I can fathom for persecuting--much less prosecuting--the character name Zerg in CoX. However, the reality is that the mere threat of legal action from another entity with greater financial resources (like Blizzard) is sufficient to send companies like NCSoft scurrying for the shadowy comforts of "playing it safe" (and saving a lot of money in potential legal defense fees). The absurd suit brought against this game by Marvel and DC was a testament to the full range of legal abuse available to large corporations with very deep pockets.
So while there is no actionable violation inherent in using the name Zerg, that doesn't mean an NCSoft GM won't generic you in an effort to keep the Almighty Blizzard from even blinking in their direction. I am convinced that such a suit would never stand up in court, but the costs of winning such a suit is more than NCSoft would ever be willing to absorb just so players can have whatever innocuous name they like in the game.
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Thanks Wing Leader, and everyone. Again, my character could not look farther from the image above without growing extra limbs (Why can we not have extra limbs?). But has been brought up, they might err on the side of caution.
I prepare analyzations and help make business decisions for my boss everyday. One day she presented me with a sign as a joke, and I have it hung above my desk to remind me to be cautious. It says "If we're being honest, it was your decision to follow my recommendations that cost you money."
Exactly. It's general sweeping motions that keep them from another Marvel-type lawsuit, but you may be able to convince a GM that your character isn't stepping on anyone's toes.
Keep this in mind though: there used to be a guy on Triumph who had a character called Squints who kept getting generizised for being racist (never mind the guy playing the character was of Asian decent). He'd contact a GM, who would overturn the decision, only to be doing the same thing months later. I'm not sure if their tracking system has improved since, but you may be looking at having the same thing happen due to another GM's actions from a new ticket months from now. It could be more of a hassle to get the decision reversed than to try another name altogether.
Keep this in mind though: there used to be a guy on Triumph who had a character called Squints who kept getting generizised for being racist (never mind the guy playing the character was of Asian decent).
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It also recalls to mind how Bob Dylan tried to stop Apple from naming their component software language Dylan. All Apple had to do was state that it is an abbreviation of Dynamic Language, and not named after anyone at all, to have the whole matter swept away legally (other options would have been to claim it was named after the poet Dylan Thomas).
If asked, I would simply have said the name Zerg was inspired by Mitch Zerg of http://mza-usa.com/.
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FTW. Okay, we did not take long to get the luandry out in the open. The copywrited character is "Zurg." My character is Zerg. I originally tried Xerg, taken. For my mind, in that momemt, I was playing off the Erg and wanted something short and powerful. I like me a X or Z at the beginning of that kind of name.
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Second, it is trademark that you have to worry about, not copyright. They are both part of Intellectual Property laws, but copyright deals with something that is written, words, music, etc., trademarks deal with images, symbols, etc. Dealing with comic books and games, they are very inter-related, but not the same thing.
Third (I have issues with counting, so sue me.) keep in mind that many years ago, a character was introduced in and obscure comic called Superboy and the Legion of Super-Heroes. (Issue 195, 1973) The character was named ERG-1. He is better known these days as Wildfire. Not really a problem with your current name, but you may want to avoid dropping the Z from the beginning.
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Okay, i recently started a character. I found a name I liked. It is similar to a character that is trademarked, off by one vowel, and it's a short name. I did an internet search for the new name, and found it is an alien race in another game. Also, it has taken on a tactical meaning when used as a verb.
Someone is gonna guess it based on the above, sigh. Anyways, I don't want to put it here because i dont want it generic'd. Is there a way to tell if it will be generic'd or is there a list of generic name bait. or rules? Or do the Devs just walk buy and go, "Hey you with the cool name, Generic 123 4556 589. lol."
Lastly, if it is Generic'd it will be my first time. Do you automatically get a rename if so? Or is this a money making proposition for the Devs as well?