Obviously I'm not asking for legal advice and I'm not planning a game about Dante's inferno, I want just know what are the feelings of the community about this, because I think it is a good example representing dozen of similar scenarios.

The sentence "Dante's Inferno", despite there is an actual AAA game called in this way, is not a trademark. It can't be a trademark cause there's a poem written by Dante in 1304 called "Inferno" that is the italian word for hell. The name, the main structure and the background of the game is inspired to this poem (go to read it if you don't know it, it's wonderfull).

So, if I become mad and I publish a game inspired to this poem called "Dante's inferno" how you, the community, would react?

Running Pixel:

So, if I become mad and I publish a game inspired to this poem called "Dante's inferno" how you, the community, would react?

Depends on if the game was good or not. If it were good I'd react positively and vice versa. I wouldn't be bothered by the title.

Running Pixel:

The sentence "Dante's Inferno", despite there is an actual AAA game called in this way, is not a trademark.

Actually, if you search the USPTO (http://www.uspto.gov/trademarks/index.jsp) you'll find two LIVE filings for "Dante's Inferno" from Electronic Arts registering the name for use for various video-game related uses.

Not all active Trademarks are truly valid/enforceable (EA last I heard was still objecting against Tim Langdell's trademark on the word "EDGE" in relation to all things video game) but that goes into legal territories.

What would happen is that when the game goes to review we would point out that there is a video game trademark for that name and suggest you change it. Yes it would be a valid fail since there is clearly a trademark for it.

You can have the option to state 'I believe I have the right to use this name' when you submit in which case we will trust that you consulted a lawyer and then its on your head. In that case nobody will fail it.

When the game goes to production if EA object they contact Microsoft who will instantly pull your game no questions asked and allow YOU and EA to work it out between you and your lawyers, if they choose to sue it is on your head not Microsoft. Microsoft will I'm sure hand over all your contact information. I don't know what happens to any money you earned...

The question you have to ask yourself - is it worth it?

Stegersaurus Games:

you'll find two LIVE filings for "Dante's Inferno" from Electronic Arts registering the name for use for various video-game related uses.

OMG! I'm not sure this is valid, nobody can claim any Dante's opera (titles included). It is "human heritage". They should actually sue every italian high-school LOL

Anyway I don't want to sue EA for this :D, it was an example. There are lots of similar trademarks that can't be registered by anyone.

But yours is a good example af reaction, I suspect it should be the stardard reaction.

I'm sure we all have opinions on these things - but right or wrong EA have a trademark on Dantes Inferno for video games and a reviewers job is to fail for that unless the developer says they belive they have the right to use it.

If you want to challenge that then write a game, release it and then take it to court...

Lets not get this thread locked eh?

The ZMan:

The question you have to ask yourself - is it worth it?

Obviously NOT.

OMG! I have seen that even "Pinocchio" is a registered Trademark (Pinocchio is a Collodi's character, not a Disney's one)


edit:
I don't want to take this 3d to a legal debate, but register the reactions to understand how the community reacts to this matter. The first reactions says that it is better stay 100 feets away this things.

I don't know, if it was well done, and it was an homage to the real "Dante's Inferno", I don't think I'd have a problem with it. But if you're just using that name to get attention, then I'd have a problem. A major issue though would be, if you could use it, couldn't 100 other people do the same?

I'm actually working on a visual novel now that talks a lot about the underworld. Wouldn't consider naming it Dante's Inferno though, even if there were no legal issues to worry about.

Could you (in theory) only release it in XBLIG territories where that trademark is not recognised?

Deej:

Could you (in theory) only release it in XBLIG territories where that trademark is not recognised?

Not THAT is asking for legal advice. Please stop, so we don't have to lock the thread.

D'oh!

*note to self: in the written medium, make rhetorical questions obviously rhetorical :)

The original poem is called THE DIVINE COMEDY. INFERNO is the name of the first chapter. Dante's Inferno is the name of an EA Game, and several old films.

Running Pixel:

OMG! I have seen that even "Pinocchio" is a registered Trademark (Pinocchio is a Collodi's character, not a Disney's one)

Yes, Disney's original design of the character is copyrightable.

Just like MGM had the copyrights on the Wizard of Oz film. They even own the ruby slippers, which is something they added onto their own film version, and wasn't a part of the original Frank L Baum story. So while Baum's Oz books are now in the public domain, you cannot use any of MGM's original creations in your own adaptions.

just to be clear, I didn't want to ask for legal or copyright things, I know these are dark waters.

I wanted to see how the community would react to well known titles despite it is legal or not and the developer declares it has full rights to use them.

Deej:

Could you (in theory) only release it in XBLIG territories where that trademark is not recognised?

If you type someting like
"After legal consultation I believe I have the rights to release this in these territories becuase the TM is not recognised" when you submit it then you can do anything you want...

Reviewers are instructed to accept claims by developers becuase at the end of the day its they who will be sued/taken down.

Running Pixel:

Stegersaurus Games:

you'll find two LIVE filings for "Dante's Inferno" from Electronic Arts registering the name for use for various video-game related uses.

OMG! I'm not sure this is valid, nobody can claim any Dante's opera (titles included). It is "human heritage". They should actually sue every italian high-school LOL

Anyway I don't want to sue EA for this :D, it was an example. There are lots of similar trademarks that can't be registered by anyone.

But yours is a good example af reaction, I suspect it should be the stardard reaction.

Something that you should know about copyrights/trademarks/patents/etc is that they are not as simple as "I have it, so I'm protected everywhere with everything." 

You have to register under a category.  I have personal experience with this to know that just because you register something under a name, you aren't protected with everything.  This means that someone can register a book called "Dante's Inferno", someone else can register a game called "Dante's Inferno", someone else can even register a movie called "Dante's Inferno".  As long as all the works are deemed original and not derived from each other, all parties would have legitamate claims to the name in their respective categories.  Even if there is a common knowledge use of the name with regards to an opera.

So, often when you do research on a certain copyright, you will see more than one registered claim per copyright.  This is because folks will attempt to register their copyright in all of the categories they deem will help protect their product or help protect them from future investments (such as turning a book into a movie, so registering under both). 

And that is just a small fraction of the complexity in determining if you have a valid claim to a copyright.  Which is why if you have any doubts or you think anyone in the review process will have doubts, you should seek professional legal advice about your rights.  And if you do seek legal advice, you should probably report the results of that advice to the reviewers in order to make sure they don't fail your game for what they might think is IP infringement.

Daaark:

Dante's Inferno is the name of an EA Game, and several old films.

And if you were trying to use the phrase "Dante's Inferno" to describe the original poem, it would be "Dante's Inferno", not "Dante's Inferno". Dante was the author, and he was not in the title.

Given that there is a game called the same thing, you're pretty likely to get a DMCA take-down notice, and the game would get pulled from the marketplace.
At that point, you could try to fight them in court, and perhaps after spending about a million dollars (about the average cost of an IP case), you'd win. Or lose. If you won, you'd probably get a document that you can use to make Microsoft put it back up on the marketplace. If you didn't, you'd be out a million bucks.
But why? That seems like just looking for trouble. Choose another name, and don't worry about it.

Daaark:

The original poem is called THE DIVINE COMEDY. INFERNO is the name of the first chapter. Dante's Inferno is the name of an EA Game, and several old films.

Running Pixel:

OMG! I have seen that even "Pinocchio" is a registered Trademark (Pinocchio is a Collodi's character, not a Disney's one)

Yes, Disney's original design of the character is copyrightable.

Just like MGM had the copyrights on the Wizard of Oz film. They even own the ruby slippers, which is something they added onto their own film version, and wasn't a part of the original Frank L Baum story. So while Baum's Oz books are now in the public domain, you cannot use any of MGM's original creations in your own adaptions.

I'd have to agree with Daaark here.  Pretty clear cut to me.

The better question, the one that's being missed here, is "why would I want to create a game based on a book that someone else at this very minute is creating a game based on?"

There are thousands of great literary classics out there. If you want to take up the mantle of making a game based on one, why not go for something else? Shakespeare? Sophocles? Dickens?