Ok so I’m still a small fish in a big pond. I’ve been making shareware games for almost 4 years and freeware titles for 15. All the while using Tagged Software as the name of the company, now I see Tagged (the social networking site) has started a game studio.
I’m thinking I’ll just ignore it and continue making games under Tagged Software, but I am wondering if this might cause issues down the road if, I mean when, my games become successful. I haven’t got the cash or time to sit down with a lawyer so thought I would throw the question out there to the community!
I would suggest getting a lawyer regardless. They can help you with proving your copyright claims (Since you were there first) and perhaps it will be the other group that has to change their name, instead of you.
What copyright claims hp94? There is none. By any chance did you trademark the name? It’s very easy to get the other business to change it’s name if you already have a registered trademark. If you haven’t registered it you’ll have go through common law (which is expensive and will take time), which is called “passing off”. If you do consider action (even if it’s just a friendly email) seek advice from a lawyer.
P.S I’m talking about Australia, not quite sure about doing it internationally.
EDIT: Missed the second part of your post. If you continue to release games under Tagged Software there could be some consumer confusion, but I’m sure most people will notice similar names as being different businesses. Tagged could possibly ask you to change your name or take you to court (and they have the money to do so), but since you have 15 years of games under the Tagged Software belt I doubt any court will decide in favour of Tagged.
Did you actually start a company (legally registered etc) called Tagged Software? or where you just trading under the name? The legal implications of this are almost entirely dependant on what country your in.
It also depends on what Tagged are planning on calling their studio. In any artciles I saw on it I didn’t see anything stating the intended name, just them stating their intent to open a studio.
As others have said, if your worried over it or want someone to clarify things for you, i’m sure you could ask the relevant authorities about the situation (whoever you would go to, to register a company), hopefully without charge.
Am I the only one missing the obvious solution of registering a trademark NOW before the other company does?
it just so happens I was looking into HOW to register a trademark just today but I found it all way to confusing so I left it for another day when I have more time. One thing I do remember, though, is that once a trademark application is filed, they have to make it publicly available for 6 months for people to fight the claim before they can get it.
So get in there NOW, make your trademark registration. If you are first then that will be the end of it. If they have already files for trademark then you will be the one to fight them for the claim. You have 15 years worth of backup for why they should choose you. The way I look at it, you have nothing to loose… if you act NOW!
The thing is, they might have already registered it as a trademark…
I don’t wanna sound pessimistic, but since they were already called Tagged, they probably have that trademarked, albeit not as a game studio… The problem is that for them it’s probably very easy to add a sub-brand for it’s game studios…
But you were there first. That is a good point in your favor… But there IS risk of confusion… that is the main thing when it comes to determining whether or not a name infringes a trademark… So, 4 things can happen I guess, as long as you let them know you had the name first. They might either ignore you, pick a different name for themselves, buy the name off you, or “convince” you to pick a different name for yourself.
If you just keep under the radar, there is a chance that this could end in the hands of lawyers if they are the ones to find you out… So I’d strongly suggest you call up a lawyer and get some advice on what to do next.
I’m no law expert (thankfully ), but this is how I see it… If it happened to me, I’d be thinking the above.
While registering the trademark if possible will help, you also have to your merit the fact that you have already established a trademark on the name simply through its use - presumably prior to when that other company started using it.
As far as I know, since you were trading under that name for a much longer time before them, the law is on your side. The only issue is that trademarks “weaken” over time if you don’t make an effort to defend them. If you let this slide, and they continue for 2-3 years, then it will actually become more difficult to litigate.
A human can’t say it fast enough. It comes out as “Tag Software” unless you say it at a slow pace. (I only had a few people try this, but I am having a hard time imagining anyone doing much better.) Do you have a recording?
*Search copyright database at IPAUST
*Register a business name.less than 50K income means no need to lodge GST.
*Register a graphic with the business name, simple copyright. You can do that without a lawyer.
Are you interested in some paid programming work in Unity 3d? Maybe you may know a good programmer?
*Search copyright database at IPAUST
*Register a business name.less than 50K income means no need to lodge GST.
*Register a graphic with the business name, simple copyright. You can do that without a lawyer.
Are you interested in some paid programming work in Unity 3d? Maybe you may know a good programmer?
