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 HOME   Copyright Law: is "StarForge" taken?
Copyright Law: is "StarForge" taken?
Published by: jane 2010-03-18

  • TheForce.Net - Completely Unofficial Star Wars Encyclopedia ::
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    I am hoping to start a personal "company" as a name to put on my designs and programs; I want to call myself StarForge Industries. Recently, in the game Star Wars: Knights of the Old Republic, the "Star Forge" was a significant object in the storyline. Does LucasArts automatically have a on all such items in their games? Would I be in violation to use the words "StarForge"? If they do not automatically have a , have they independantly ed this thing, as I'm sure they have with the word jedi and who knows what else?


  • Thank you very much! While a "yes" or "no" would of course been nice, I understand how NOTHING in the legal arena generally gets that answer, and junk in particular. :) This was exactly the sort of answer I was hoping for; I'm most likely fine unless I step too much on LucasArts' toes. :) Thanks again!


  • moondragoness-ga, Thanks so much for your generosity...it's much appreciated. Here's wishing you all the best (and no infringment complaints) in your endeavors. pafalafa-ga


  • It figures; all I want is a yes or a no. :) Yes, I would greatly appreciate your advice in the matter. If it was just a personal website I'd just do it and be done with it; but I'd like to have a name I can use in the future if I ever get big and famous and start having my "studio" work on games professionally.


  • Hello moondragoness-ga, I've done a number of /trademark type questions here at Google Answers, and I feel I know the territory pretty well. You can see some of my prior answers on this topic here: http://answers.google.com/answers/search?q=%22answered+by+pafalafa%22+%28%22public+domain%22+OR+intellectual+OR+trademark%29 I'd be happy to answer your question as well, BUT...(there's always a "but", isn't there?), I cannot give you a clearcut "Yes you can use it" or "No you can't" type of answer. The rules of the road are just too convoluted and murky for anyone to offer a simple response to your question. I can certainly let you know the current status of "Starforge", and offer some guidance as to your best course of action. If that sounds OK, let me know, and I'll get right to work. If not, then please clarify for us how you would like your question to be answered. Thanks a lot. pafalafa-ga


  • Hello moondragoness-ga, Thanks for getting back to me. I appreciate (really!) the frustration at not getting a simple Yes or No answer. But this whole area of law -- which has never been what you might call "simple" -- has become so convoluted in the past decade or so that even the legal professionals sometimes throw up their hands. Bottom line: You probably can use the term StarForge without much risk, as long as your product bears no resemblance to other common uses. But if you're heading down the path of designing computer games (as your comment seems to suggest) then I would urge caution. My answer below does three things: --gives the standard, but important, caveat --provides a short overview --looks at the specifics of StarForge Before rating the answer, please let me know if anything about it is unclear, or if you need any additional information. Just post a Request for Clarification to let me know how I can help, and I am at your service. All the best with your endeavors, pafalafa-ga ========== CAVEAT: I'm not a legal professional. Although I'm confident in the information provided here, you should take careful note of the disclaimer at the bottom of the page: "Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice...". SHORT OVERVIEW: You are asking about an area of law known as "intellectual property" or IP, which refers to s, trademarks, patents, and other forms of legal protection for creative materials. s generally protect entire works, such as a book or movie, while a trademark and related 'marks' can be registered to protect an individual brand or product name such as "Nestle's Crunch". A good link to some reading material comparing trademarks to other forms of IP protection (in case you want more background) is here: http://www.wordiq.com/definition/Trademark In general, it is harder to get protection for a common word or phrase than it is for new-found words. In other words, "Apple" a common-word, has less IP protection than "Kodak" an invented word. Also, the more independent are the meanings and use of a term, the less likely there will be any confusion in the minds of consumers, and the less likely there will be any IP conflict. Fro example, AAA is a well-known mark of the Automobile Association of America, and if you use the letters AAA for any type of enterprise involving cars, driving, etc., you're likely to hear from their lawyers. However, if you call your painting business "AAA Painting", there's little likelihood of confusion, and it's much less likely that AAA would try to take action, and if they did, less likely the courts would find in their favor. (Look in your local phonebook under AAA and you'll see what I mean). ========== Now, on to STARFORGE... A Google search on [ Starforge OR "Star Forge" ] produces about 6,000 results...a respectable, but not a huge, number. The term is obviously "out there" and in use. How is it used...? Here are a few examples: http://www.scindex.com/downloads/?fileid=161 as the name of a map editor for the game, StarCraft http://starforge.deviantart.com/scraps/ as an online gallery of "deviant art" http://www.starforge.co.uk/ as a company name in the UK http://www.fact-index.com/s/st/star_forge.html as a dictionary entry for the term as used in Star Wars games http://www.kotorfanfic.com/christine/kotor11.html as the title of a chapter in an online story etc, etc. Lots of uses, but the Star Wars/Knights of the Old Republic use seems to dominate. ========== A check at the US office indicates there is no for either Starforge or "Star Forge: http://www..gov/records/cohm.html This is not surprising, as I would not expect a character or subplot within a story to be ed (rather, it would trademarked). However, the absence of a registered does not mean that there are no works titled "Starforge" that are not ed -- a work does not have to be registered in order to receive protection. A similar check on trademarks shows, also, that Starforge (as one or two words) is not a registered trademark: http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=v4pqgu.1.1 In fact, the only result that pops up is a trademark for "Forgestar"--a brand of tools. In comparison, a search on "Jedi" reveals 8 live trademarks, including: JEDI POWER BATTLES JEDI KNIGHT JEDI JEDI'S GARDEN So you can see that Mr. Lucas and company seem much more concerned with protecting the Jedi term, than they are with Starforge. ========== What does all this mean...? My best guess would be that you can probably use the term Starforge (or Star Forge) for a product without running afoul of IP laws. However, if you use it for a product that closely resembles some existing product or concept that also goes by the name Starforge, then you might run into a problem. Even if the owner of the other Starforge product felt that they might not win a court case, they still might be tempted to file an infringement complaint just to try to get you to back off of what they consider "their territory". The AAA example I gave above is a good one to keep in mind. If you're going to open up business as "Starforge Painting", there's not likely to be any problems. But if you create a computer game like "Starforge: Republican Knights" then you might be headed for a confrontation. Wish I could have offered you a simple Yes or No, but <
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