I have been developing a fantasy world since I was about 14 (now 20) that sprang up from a number of influence but a seemingly nonsensical name seems to have just sprung from my mind that is a major inspiration to the game. That name: Terrax Domain. When I came up with the name I had never heard of the Marvel Comics villain Terrax and still am only vaguely aware of who he/it is. Bottom line: would naming a game this be copyrigh infringement even if the Terrax of the game has no similarities to the Marvel character and acquired the name before the author (myself) was aware of the character even existing?

Greetings,

masqueradeball wrote: I have been developing a fantasy world since I was about 14 (now 20) that sprang up from a number of influence but a seemingly nonsensical name seems to have just sprung from my mind that is a major inspiration to the game. That name: Terrax Domain. When I came up with the name I had never heard of the Marvel Comics villain Terrax and still am only vaguely aware of who he/it is. Bottom line: would naming a game this be copyrigh infringement even if the Terrax of the game has no similarities to the Marvel character and acquired the name before the author (myself) was aware of the character even existing?

This sounds like a trademark issue.

A couple discussions on trademarks:

Copyright and/or Trademark Infringement Horror Stories?
Using potentially "trademarked" words of myth?!

From my understanding, as long as the word/phrase in question does not infringe on the other business (by say, confusing the buyer) it's legally peachy. As long as my logo didn't look similar, I could have a company that made bathroom tiles and call it Microsoft.

However, not to frighten you, but technically and realistically aren't as related as they should be. Microsoft the software company could still sue Microsoft the tile company, even if they share no product similarities and cannot possibly be confused. Microsoft the tile company likely does not have the money to support a court case, especially not against Microsoft the software company. So, our mom and pop tile company must agree to the demands of Microsoft the software company or go bankrupt anyway...it's a no win situation, regardless of the law.

For an example of this tactic here is WW's press release about the name change of Aeon to Trinity: Press Release

I make it sound all evil, but there is another side to it: a company must actively defend their trademarks or they lose the ability to do so. It's all very complicated and above my head.

Please insert the standard disclaimer about me not being a lawyer, I'm just repeating what I've heard, and don't take this as authentic legal advice.

EDIT: BTW, Welcome to the Forge.

I also suggest doing a Google search on something called the Berne Convention. There might also be some issues regarding trademarks -- which as I recall are a bit different from copyright and are more specific to names ("Terrax" could be a Marvel trademark, in which case I suspect you might be end up with some thorny problems).

Edit: Cross-posted with cruciel about the trademark thing. Err, I'm not a lawyer either. Good luck with the whole thing, though. Hope it works out.