[Bug 450371] Review Request: pokegen - Strategy/RPG game engine

[bugzilla at redhat.com]

Please do not reply directly to this email. All additional
comments should be made in the comments box of this bug.


https://bugzilla.redhat.com/show_bug.cgi?id=450371





--- Comment #28 from Tom "spot" Callaway <tcallawa at redhat.com>  2008-09-02 10:41:11 EDT ---
Wow. We're really walking the line on fair use. The Summary is OK, it falls
safely into the realm of fair use (you should make it say Pokémon (TM) ).

I really think that upstream should strongly consider using a name that isn't a
direct derivation of Nintendo's trademark, given that Nintendo is notoriously
litigous about their marks, and has explicitly stated that individuals do not
have permissions to use their Pokémon (TM) related marks (not to mention going
to the WIPO to reclaim related domain names and filing C&D over trademark
issues).

The question is whether Pokégen is "identical or confusingly similar" to
Pokémon (TM). I really hate to say this, but I think it fails that test, thus,
it is likely infringing upon Nintendo's trademark. If it were "pkgen", I would
say it is unique enough, but as is, especially given the word structure and the
use of the apostrophe... let me put it this way: if I showed a young child the
word "Pokégen", they would likely confuse it for "Pokémon".

I don't see any other trademark concerns in the code (you're not using the
creature names), but you're going to need to rename this before it is okay. As
I said before, "pkgen" would be one possible alternative that would be
acceptable.

-- 
Configure bugmail: https://bugzilla.redhat.com/userprefs.cgi?tab=email
------- You are receiving this mail because: -------
You are on the CC list for the bug.