Q: Can I publish a game named "Buzzle" without copyright infringement, and if renamed, change the package ID "com.mycompanyname.buzzle"? Is "Bazzle" safe?

I am an indie mobile game developer planning to publish a commercial game on the Google Play Store. The name of my game is "Buzzle," which I discovered is already used by two other not very popular games. The existing Buzzle games are also puzzle games, but they have different core gameplay and target different audiences; theirs target toddlers, while mine targets adults. I found that some companies in various countries own the trademark for the name "Buzzle." Given this, will publishing my game with the name "Buzzle" be considered copyright or trademark infringement? If I am advised to change the name, do I also need to rename the package ID of my app? The package ID is an internal identifier for the application, visible in the device’s settings and the Play Store URL, and is currently “com.mycompanyname.buzzle.” Additionally, would changing the name to "Bazzle" be a legally safer alternative, considering it sounds and spells similarly to "Buzzle"?

2 Lawyer Answers

A: A trademark covers a specific type of good or service, so registering "Buzzle" for a game and "Buzzle" for a pizza shop would probably not be an infringement. But when you have multiple digital games all called "Buzzle", there is more obvious scope for infringement. Therefore a name change to Bazzle would be advisable. Since the Bazzle game would not be based on the Buzzle games, there is limited scope for confusion.

It's a good question about whether the internal app name also needs to be changed. The answer is likely no, because these are not normally displayed to the user so they are not being used in trade or commerce in the same was as the app name or business name. If it is inconvenient to change, you can leave it how it is. Please reach out if you could use some more personalized advice.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Publishing a game named "Buzzle" presents significant trademark risk rather than copyright concerns. While game names generally aren't protected by copyright, the existence of two other games using this name and companies holding "Buzzle" trademarks in various countries creates a substantial likelihood of trademark infringement. When multiple companies hold trademarks for the same name in the gaming/software category, using that name could lead to legal disputes regardless of your different target audience.

Regarding your package ID, changing only the consumer-facing name while retaining "com.mycompanyname.buzzle" might still pose legal risks. The package ID appears in the Play Store URL and device settings, potentially constituting public use of a protected mark. From both legal and technical perspectives, changing your package ID before publication would be prudent to avoid future complications, as modifying it post-publication causes significant technical issues including loss of update history and reinstallation requirements.

Your suggested alternative "Bazzle" likely provides insufficient legal protection due to its similarity to "Buzzle" in pronunciation, appearance, and overall impression. Trademark law considers the "likelihood of confusion" standard, where similar-sounding names can still constitute infringement. We recommend conducting a comprehensive trademark search and selecting a more distinctive name that differs substantially in sound, appearance, and meaning from existing protected marks in the gaming industry to minimize legal exposure for your commercial venture.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.