Trademark Technicalities and a New Name for “Unwritten”
UPDATE: The poll is now closed. We’re ending a little early since traffic has slowed to a trickle and Unwritten Passage has a commanding lead. Thanks for voting!
Following the success of our Kickstarter campaign, we’ve enjoyed a bit of added exposure. One unexpected side effect of this is that this has also drawn the attention of the “Eye of Sauron”, i.e. the scrutiny of large companies and their faithful legal staff. DC Comics has contacted us and is claiming a common law trademark conflict with our game Unwritten: That Which Happened, and their comic series The Unwritten.
For our part we’d never heard of this comic series before, and our trademark research on “Unwritten” didn’t turn it up originally, although this may have been because we were focused specifically on video games. While a name conflict here still wouldn’t necessarily be a legal issue, DC is claiming that our game uses a “similar art style” and “similar story-telling method”, which would cause consumers to mistakenly believe that our game is actually based on their comic. We leave it to our backers and readers to decide the merit of such a claim for themselves.
That all said, it looks like we need to change the name of the game slightly to keep everyone happy (especially those of us that have whole legal teams on retainer). We’ve narrowed it down to a few choices, but we need your help to make the final call. Vote in the poll below and help us choose the new name for Unwritten!