Intellectual Property Rights!!
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posted07/28/2015 03:08 AM (UTC)by
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MKRAYDEN
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03/28/2003 08:07 PM (UTC)
Hello members,

Can anyone please be kind enough to tell me about intellectual property rights for the word KOMBAT. Is it protected and if not can it be used for another game without any backlash from the MK team?
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Detox
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You work with what you got...not what you hope for.

03/15/2015 05:02 PM (UTC)
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Admittedly, I'm not a huge expert on the subject. But I have to believe WB has the trademark on that variation of the word along with anything associated with it.

You'd likely meet a bit of resistance, especially if you're putting out a fighting game.
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Mick-Lucifer
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03/16/2015 02:58 AM (UTC)
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Trademark is one of the reasons its spelt with a K. Anyone using "Kombat" is leaving themselves wide open for litigation from Warner Bros.
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MKRAYDEN
03/16/2015 06:21 AM (UTC)
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so Kombat is copyright of WB now no can start game with Kombat like

Mutant Kombat
Deadly Kombat
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Brady_Got_Caged
03/16/2015 08:44 PM (UTC)
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I mean you could. If you don't care about getting sued.
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Blade4693
03/18/2015 07:06 PM (UTC)
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Just use a C instead, that way you wont get sued.
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IamTheS
03/19/2015 01:25 AM (UTC)
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Mick-Lucifer Wrote:
Trademark is one of the reasons its spelt with a K. Anyone using "Kombat" is leaving themselves wide open for litigation from Warner Bros.


I wonder what ADK had to do to be able to use Aggressors of Dark Kombat.

Or maybe Midway just never noticed because that game flew so low under the radar.
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tabmok99
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05/07/2015 09:22 PM (UTC)
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Or Kombat Kars
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KenshiMaster16
05/08/2015 06:29 AM (UTC)
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Human Combat. wink
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Sektorseven
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"If it is alive it can feel pain. If it has eyes it can see it own suffering. If it has blood you can make it bleed. If it has a mouth you can make it scream." Darth i forgot his name.

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07/28/2015 03:08 AM (UTC)
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Trademark Law from what I hear actually falls under consumer protection laws.

The purpose of a trademark is so that consumers don't get confused about different brands.

In order for a trademark infringement case to move forwards, in theory you have to prove that the name in question was created with the sole purpose of deceiving consumers into thinking that your product is made by or endorsed by the trademark owner.

If this cannot be proven then the whole case falls apart. So naming your game *something* kombat would not be enough in theory to prove infringement. But if you place the MK logo and characters on it as well, then it becomes obvious that you are intentionally infringing.

Midway probably wouldn't care unless it is obvious you are trying to misrepresent your product to be made by or endorsed by them.

WB on the other hand, with their habit of getting DMCA happy and would have no issues with filing frivolous lawsuits over the most trivial of things, I would rather not risk it or keep your game inside encrypted closed loop distribution channels with enough content and art to distance yourself from the MK franchise itself as much as possible. Basically have everything in the game completely different and unique and only the word kombat being the same. Different title, logos, characters, plot, different everything.
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