Naming a game studio similar to an existing game A friend and I are planning to start a game studio together. We planned to name it “Delta-v Games”. However, while looking into the name we noticed a game with the name “Delta-v” released in 1994 by Bethesda Softworks, https://en.wikipedia.org/wiki/Delta_V_(video_game). Delta-v is an old game. Related; when Mojang (Creators of Minecraft) wanted to name there new game "Scrolls", Bethesda Softworks argued they could not do that because they had a game named "Elder Scrolls". Mojang was a big name and company at that point and this was both names of games that conflicted. Ours are the name of the production studio. Could this become an issue? Our company is probably never gong to be over 10 people, or even 5. But maybe that does not matter and we should not take the risk?
Yes, this could become an issue Trademark infringement occurs when you use another’s trademark in a way that could cause confusion to the consumer. Is it possible that people will be confused that your company produced a game of the same name? Yes. Is that trademark infringement? Possibly. Would a company like Bethesda take you to court to find out? Possibly. Can you avoid this risk by choosing a different name? Yes. Does this cost anything? No, as a new business your ‘brand’ has zero value right now. Should you choose a new name? Well, it’s your business - make a business decision.
&quot;...claiming that the license can be revoked at any time.&quot; Of course a game company can revoke their license at any time. The company grants you a license to use the product, and a license is not an obligation on their part to provide the product, or a right to use it on your part. There's nothing illegal about a license or TOS that has clauses which stipulate when the license or TOS can be revoked changed or revoked.
Ok, so it looks like there really are many questions being asked. 1) Is it illegal to host / own / operate a private server for games that require a server of such? And why? 2) Is it illegal to host / own / operate a private server for WOW? And why? 3) Is it illegal to join a private server for games that require a server? and why? 4) Is it illegal to join a private server for WOW? Answers 1 &amp; 2) This depends on the game that is being hosted. There are many games that require servers in which this is not only legal, but encouraged by the company. MineCraft is one that comes to mind. You can host MineCraft servers, and even modify the server code. You can even charge for this service. However,for games like WOW, In short, yes if the server is profiting or If the server is running stolen or leaked software or If the server is distributing client files. If the server was recreated from the developers own mind, and was only compatible with the WOW server, then it's a bit more gray and depends on the Judge's level of understanding of technology. 3 &amp; 4) This comes down to the EULA. If the EULA is like MineCraft, then you are good to go. If the EULA is like WOW, which forbids both modification of the client and participation on emulated servers then it is a violation of EULA. If WOW did not have the second part of "participation on emulated servers", then a user could modify on the router level to point to a private server.
Possibly The game company has almost certainly excluded liability under the contract you entered. There may be some consumer protection that you have that they cannot exclude - I don’t know enough about German law to meaningfully comment. Notwithstanding, if you were to initiate legal action against the, as yet, unknown wrongdoer, you could subpoena the relevant records from the game company with a court order. No matter what privacy or other protections the other person has, the game company must obey the order or be in contempt. Without such an order the game company is right that they can’t disclose details of other users. As a practical matter, it will cost several hundred € to initiate legal action and several thousand to pursue it to the end. And you might lose. A better response is to treat the lost €80 as a relatively cheap life lesson - many people lose a lot more learning to recognise scams.
First, copyright does not apply to "brands". Copyright exists in literary works which includes art - a picture (any picture) usually has a copyright belonging to the creator of the picture. Brands are protected by Trade Marks. To be clear: A picture of you is protected by copyright belonging to the creator The phrase "Mickey Mouse" is protected by trade mark belonging to the Disney corporation A picture of Micky Mouse is protected by copyright and trade mark. (when) would it be legally OK for me to do so without the copyright owner's permission? You can use copyright material without permission if you meet the fair use criteria in your jurisdiction. You can use trade marks if there is no risk of people confusing your goods and services with the trade mark holder's and you do not cause damage (including loss of potential income) to the trade mark holder or it is fair use (e.g. you are writing a review of a Micky Mouse cartoon). Is it legal if I do not distribute them to others at all? No, this would be OK as copyright fair use, but not as trade mark fair use. Is it legal if I give them to my family/relatives for free, e.g. as a gift? No, not fair use for either copyright or trade mark. Is it legal if I give them away to others for free (meaning I'm losing my own money on them)? No, see above. Is it legal if I sell them to others at-cost (i.e. for the same price I obtained them, meaning I'm not making any money from them)? No, see above. If the answer is "yes" to any of the above, can the copyright holder explicitly prohibit me from doing so, or would such a prohibition be unenforceable (e.g. if this would be fair use)? It isn't allowed. Yes they can stop you. No, it isn't fair use; there is no "fair use" defence for trade mark infringement here - you are depriving them of income because you are not buying their T-shirt! Any other factors that are relevant but which I'm forgetting? Will they sue you for doing these things? Probably not.
The companies really need to speak to an IP lawyer as this question is seeking specific advice which this site is loathe to give out for fear of compouding issues. The answer would depend on the license agreements and enforceability in various jurisdictions. According to https://social.msdn.microsoft.com/Forums/vstudio/en-US/0368d7ee-0eb3-4e3e-a143-4410969a15bb/eula-for-vs2010?forum=vssetup Microsoft says you cant rent out the software - but this applies to the "Pro" version - I could not find anything on the "Premium" version - so most likely Microsoft to have some clam. The flipside is how enforceable this EULA is - and this would probably vary from jurisdiction to jurisdiction. It would be a very, very good idea to speak to a lawyer before letting Microsoft come onto the premises - as "inviting them" to do this is almost certainly not going to improve the Asians company's case and will allow Microsoft to go fishing further and make it easier for them to expand on and collect evidence should they decide to pursue the matter.
You agreed to terms of use when you started using Mojang, posted at https://www.minecraft.net/en-us/terms and including: We may change these Account Terms from time to time, if we have reason to. For example, there might be changes to our games, our practices, or our legal obligations. We'll inform you of the change before it takes effect, either by posting a notice on our Website or some other reasonable way. If you use the Website or your account after the change, that means you agree to the changes. If you do not agree to the changes, stop using the Website. The changes will apply to your use of the Website when you next use it. That means Microsoft and Mojang can make a decisions like moving/merging your account without asking your permission. Website and product Terms of Service agreements are legally binding contracts, and you agreed to them when you started using their services. And refunds are part of the terms: RETURNS, REFUNDS AND CANCELLATION You or we may cancel your Mojang Account at any time or access to Minecraft.net, Mojang.com or any Mojang game titles using a Microsoft Account. When your account terminates or access is terminated, your rights under these Account Terms terminate. They can cancel your account at any time and not give you a refund. Can I force them to issue a refund? You can attempt to make your case in court, but a) you agreed to the contract, and 2) Microsoft has more money for lawyers than you do.
Legally, yes, if you get a license from Blizzard (unlikely, and if so, they'll probably want either money or a portion of your profits). Otherwise, not legally. This is exactly the situation that IP law (e.g. copyright and trademark) was created to address. Blizzard created the game and so they have rights to control and benefit from derivatives there of. There are some exceptions, but prints, buttons, and keychains are not likely to meet the requirements for those.