Destrehan, LA asked in Copyright, Intellectual Property and Trademark for Louisiana

Q: Can I name my sci-fi video game the same thing as an existing sci-fi book anthology?

The name is not a common word or phrase, but it is a bastardization of an American idiom which uses common words.

2 Lawyer Answers
Fritz-Howard Raymond Clapp
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  • Trademarks Lawyer
  • Beverly Hills, CA

A: Although titles of works are not copyrighted, the characters and other elements of the book may be, so steer clear of infringing them. The other consideration is whether the title -- even if not subject to copyright -- may be registered as a trademark. You should consult an experienced copyright/trademark attorney to navigate these intersecting legal challenges.

James L. Arrasmith
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A: Using the same name for a sci-fi video game as an existing sci-fi book anthology could potentially lead to trademark infringement issues. It is important to conduct a thorough search to ensure that the name is not already trademarked for similar products or services. Even if the name is not trademarked, it may still cause confusion in the marketplace and potentially harm the existing anthology's brand. It is recommended to choose a unique and original name for the video game to avoid any legal issues.

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