Name Conflicts


Aggelakis

 

Posted

I've wondered if someone created a hero name in the game and sometime later one of the major comic book publishers took that name - who would win? Fairly certain NCSoft doesn't copyright any of our names .... so whoever copyrights/trademarks first would have the right to order cease and desist to the other party?

I've also wondered, especially with the upcoming Marvel MMO, if there might have been some kind of backroom deal for NCSoft to sunset CoH early, to eliminate the possibility of such conflicts and/or competition. Wouldnt even put it past the CO folks to try it.


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Posted

Quote:
Originally Posted by Hercules View Post
I've wondered if someone created a hero name in the game and sometime later one of the major comic book publishers took that name - who would win? Fairly certain NCSoft doesn't copyright any of our names .... so whoever copyrights/trademarks first would have the right to order cease and desist to the other party?

I've also wondered, especially with the upcoming Marvel MMO, if there might have been some kind of backroom deal for NCSoft to sunset CoH early, to eliminate the possibility of such conflicts and/or competition. Wouldnt even put it past the CO folks to try it.
Well you can't copyright a name. As far as a trademark is concerned if you could show prior rights as to the usage of the name the courts would be required to dismiss any claim of infringement. However unless you could show that RandomComicBookCo inc's use of the name adversely affected you you would have no claim against them.
If you were to register that name as a trademark in a directly related field and were actively trading or taking steps to set up trade using that name then in that field of business - yes you would have a claim against them.


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Posted

As far as this game goes, it's a policy thing. For the most part, it was never about raw names but full cloning. There were many names set in a filter to avoid them due to their high notoriety (Spiderman, Wolverine, etc), but it would be impossible to ban every name ever used. I think every single word in the dictionary has been used to name a comic book hero or villain at some point.

If it was less notorious, I would not be shocked if a name like Lobo would have been allowed for a werewolf until someone actually did a DC Lobo clone.

BTW, as far as I understand, the Marvel MMO is going to be more of an action-figure thing, you won’t create your own characters instead you pick existing characters from the Marvel Universe to play as.


 

Posted

Quote:
Originally Posted by Hercules View Post
... with the upcoming Marvel MMO, ...
The upcoming Marvel "MMO" isn't. A traditional MMO, that is. It's multiplayer Diablo with superheroes.


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