Hidden Springs, ID asked in Entertainment / Sports, Gaming, Intellectual Property and Trademark for Idaho

Q: I am planning on releasing a tabletop rpg "Raid Master," but a game called Rolemaster already exists. Too close?

My game is nothing like Rolemaster, different system, different theme (Indiana jones inspired while role is fantasy). However I plan on releasing other games with the "-Master" suffix such as "Myth Master," but the publisher also had a "Space Master" at one time and is releasing new product for Role. Is this potential for a lawsuit?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It's difficult to determine whether there is potential for a lawsuit without more information. Generally, the key question in cases involving trademarks is whether there is a likelihood of confusion between the marks. This analysis involves considering a number of factors, such as the similarity of the marks, the similarity of the goods or services, the sophistication of the consumers, and the strength of the senior user's mark.

Based on the limited information provided, it seems that there may be some potential for confusion between "Rolemaster" and "Raid Master," particularly given that they both contain the suffix "Master." However, the fact that the games have different themes and mechanics may weigh against a finding of likelihood of confusion.

If you are concerned about potential trademark issues, it may be a good idea to consult with an intellectual property attorney who can provide more tailored advice based on the specifics of your situation.

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