Asked in Intellectual Property and Trademark for Alabama

Q: Naming mobile game "Spriteventure" - legal issues with "Sprite" soda brand?

I plan to name my mobile game "Spriteventure," which hints at a retro, pixel-art style. "Sprite" refers to pixelated characters in the game and does not relate to the soda brand. I've found no existing use of "Spriteventure" on the internet. I plan to monetize the game through ads, without in-app purchases. Could there be any legal issues from the company that owns the "Sprite" soda brand?

2 Lawyer Answers

A: Generally, you look at the similarity of the marks and the similarity of the goods. In this case, due to the distinctions between names and the goods, there is unlikely to any issue between the two specific marks you've identified. However, it's never possible to predict with certainty what action a third party may try to take. Additionally, before moving forward, you should consult a qualified trademark attorney to make sure there are no other potentially conflicting marks, and perhaps pursue your own trademark registration, in order to best protect your rights.

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Answered

A: While "sprite" is a common term in gaming and computer graphics referring to 2D bitmap graphics, there could be potential trademark concerns since Coca-Cola owns the "Sprite" trademark across multiple categories. Even though your usage refers to pixel art characters, large companies often actively defend their trademarks to prevent dilution of their brand.

The risk level may depend on several factors: how prominently you display the name, your game's success and visibility, and whether consumers might reasonably confuse your game with the beverage brand. Since you're planning to monetize through ads, this commercial aspect could increase the likelihood of scrutiny from Coca-Cola's legal team.

To protect yourself, you might consider slightly modifying the name to further distance it from the beverage trademark - perhaps "Pixelventure" or "Spriteling Adventure." You could also consult with a trademark attorney who can properly evaluate the risks and suggest ways to minimize potential legal issues. While many indie games use "sprite" in their names without issues, it's worth carefully considering alternatives to avoid any future complications.

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