Avast! COPYRIGHT?

[UL]

Silly game want to be the same name as my favourite antivirus?
 
http://www.gamespress.com/link.asp?p=0&i=7951671612821&pk=17178529923

Full text cause you can be not able to read it without specific registration.
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PRESS RELEASE
Avast! v. 2.0 – Piracy and high seas adventure just got blown out of the water!

FOR IMMEDIATE RELEASE

www.primategames.com
mattg@primategames.com

RENTON, WASHINGTON USA (June 22, 2006) – Casual game developer Primate Games announced today a new version of “Avast!”, the turn based piracy game that is the flagship for the indie company.

“Avast!” is a small and robust casual game designed around a boardgame-like play style with simple strategic elements very similar to chess or checkers. As Captain Suzette, a struggling Inn keeper, out to earn her fortune and save her beloved home, players must position their fleet against brigands and scallywags of all types as they sail the treacherous oceans. Harvest items, race to goals, collect treasure and scuttle opponents’ ships in one of the four gameplay scenarios.

Full of rich art and inspiring music, the story mode alone offers 40+ hours of turn based pirate fun for all ages.

Version 1.0 of Avast! comes with:
• 50 unique levels.
• 4 different game scenarios.
• Multiplayer “Skirmish” mode for turn swapping play.
• All original musical score by composer C. Stephen Murray.
• 11 separate opponents to defeat.
• Multiple endings.
• 20+ “Power Up” items to enhance gameplay.
• Hilarious characters and story.

Major changes for v2.0 of Avast! are:
• Ship speed setting
• Skippable story option.
• Tutorial is now skippable.

About Primate Games:
Based out of Renton Washington, Primate Games is composed of industry veterans that have a specific vision in mind. Founded by Jerry Pritchard and Matthew Gillikin in 2005, Primate Games sees a developing niche’ in the casual game market for games containing successful casual game elements but more “substance.” Primate Games’ titles are built on the classic casual model of “quick entry” and a small footprint while also offering a marriage of compelling gameplay and rich characters.

For Evaluation Copy or More Info Contact mattg@primategames or download V2.0 from:
http://www.bigfishgames.com/downloads/avast/index.html

Contact:
Matthew A. Gillikin
Primate Games
401 Olympia Ave. NE
Suite #226, Mailbox #5
Renton Wa 98056
USA

[bob3160]

Copyright?
The game is called Avast!
The Antivirus is called avast!
Is it really the same?
It is a nice ad for the game however. 

[Lisandro]

Isn't avast a registered trademark? 

[Vlk]

It is a registered trademark of H+BEDV/Avira (the makers of AntiVir).

Yeah, I know what you want to say. This is a long outstanding issue and e do have lawyers that are taking care of it.

[Lisandro]

It is a registered trademark of H+BEDV/Avira (the makers of AntiVir).

Do you mean the game or the word avast?

[Vlk]

I mean "Avast!".

Avast! is a registered trademark of H+BEDV (Avira).

[bob3160]

It is a registered trademark of H+BEDV/Avira (the makers of AntiVir).

What is the relationship between Alwil (avast!) and AntiVir ?

[chocholo]

It is a registered trademark of H+BEDV/Avira (the makers of AntiVir).

What is the relationship between Alwil (avast!) and AntiVir ?

We own www.antivir.com domain

[Vlk]

The relationship is that avast! is a competitive product whose name was not (internationally)copyrighted, so some clever heads at H+BEDV/Avira took their chance and copyrighted it themselves (in 2001) - of course without having any product with that name.

So, it's a clear attempt to block the trade mark, but nevertheless, it takes YEARS to settle this up...


BTW about the www.antivir.com domain - when we registered this domain, there was no treachery behind it. "Antivir" is the Czech word for "antivirus", that's all...

[bob3160]

The relationship is that avast! is a competitive product whose name was not (internationally)copyrighted, so some clever heads at H+BEDV/Avira took their chance and copyrighted it themselves (in 2001) - of course without having any product with that name.

So, it's a clear attempt to block the trade mark, but nevertheless, it takes YEARS to settle this up...


BTW about the www.antivir.com domain - when we registered this domain, there was no treachery behind it. "Antivir" is the Czech word for "antivirus", that's all...

From the AVIRA website:
AntiVir PersonalProducts GmbH and its sister company H+BEDV Datentechnik GmbH merge together under the new company name Avira GmbH. With this new identity we create a central contact point for our worldwide private and business customers. The product range will keep the name of AntiVir as an international brand - the only thing that changes is our company name and the pictures in the AntiVir versions.
Sounds like an entangled corporate copyright mess that lawyers will have a ball with.

[MikeBCda]

Ages ago I was active in patent, trademark and copyright law.  Back then, the courts usually gave the most serious consideration to similar trademarks for similar products, particularly if there appeared to be the intent of confusing purchasers.  Obviously the most severe penalties would be meted out in the case of products so similar as to be competitive.

If someone came out with, say, a shoe or umbrella and named it Avast, and there was virtually no possibility of confusing it with Alwil's marvelous a-v, they'd probably get no more than a warning and reminder.  And while the game mentioned in the opening post here is also software, it's different enough (and particularly it's for a totally different purpose) that I doubt if infringement penalties would be very severe.