Word and Sound Use

[dirkjameson]

Hey Guys

I run a small video game company called 'Lost Boys Games'. I know that 'the Lost Boys' is probably owned by someone. Furthermore, at the beginning of our games, a 'Lost Boys' watermark (logo) flashes on the screen with a short (two seconds or less) sound bite from the movie Hook that the lost boys say. Considering that I plan to make money off of these games, am I allowed to use the words 'Lost Boys' and/or the sound clip?

Furthermore, if one or both of these things turn out to be legally dangerous for me to use, how do I go about getting permission to use these?

 

[army judge]

Hey Guys

I run a small video game company called ‘Lost Boys Games’. I know that ‘the Lost Boys’ is probably owned by someone. Furthermore, at the beginning of our games, a ‘Lost Boys’ watermark (logo) flashes on the screen with a short (two seconds or less) sound bite from the movie Hook that the lost boys say. Considering that I plan to make money off of these games, am I allowed to use the words ‘Lost Boys’ and/or the sound clip?

Furthermore, if one or both of these things turn out to be legally dangerous for me to use, how do I go about getting permission to use these?

You need to do a copyright and/or trademark search. I'm sure you'll find the name to be copyrighted.

If it is, you contact the owner and discuss the licensing fee.

That's a lengthy and expensive process, and the owner need not agree to do anything.

You might want to consider renaming your enterprise? How about "lost kids", "lost dudes", "clueless boys", "boys lost", "little men lost", "little lost boys", "l0st b0ys", etc... Even using any of those names could be difficult.

I know the sound bite is protected. Check the credits from the movie using IMdB.

 

[Michael Wechsler]

Once you start telling me about a logo being used (immediately a slam dunk trademark infringement case) and an actual soundbite being used (immediately a slam dunk case for a copyright infringement case), I'd say you've got legal problems. If you remove these items you might not have an issue. The obvious is that you're trying to promote your game by free riding off the association with a brand and product of someone else. That cannot happen without paying the owner of those intellectual properties.