Play Discussions: Can a Fangame Title Be "Taken" if It's Never Released?

[IceGummi]

A few years ago, I began development on a Pokémon fangame using a title that I really liked. It was catchy, unique, it tied into the story of my game, and it followed the theme of naming Pokémon games after naturally-occurring rocks that I just find charming for some reason. Unfortunately, I never ended up getting far enough into development to post screenshots or a working demo of my game - programming is hard, real life demands most of your time, yadda yadda. A few years later now, I've picked development back up with much more programming experience and time management skills under my belt and I'm so excited to share my project with the community once I feel like it's developed enough.

There's one small problem, though... My title had been taken!

After searching the name of my game to make sure it was still available, I was dismayed to find that a YouTube channel, a subreddit, a Twitter page, AND a Discord channel had all been created for a fangame that used the same title I wanted to use. However, there was a small issue that I quickly noticed: these socials were all empty! No videos on the YouTube channel, no posts on the subreddit or Twitter page, and a broken link to a now-inaccessible Discord channel. This game was also never posted on a forum for fangame development, and there are no screenshots, trailers, or even descriptions of the game that I could find online. Other than a logo and some social media accounts, this fangame does not exist.

With all of that being said, here is the question(s) I would like to be discussed:

Is it stealing/ripping-off if I still use my original title even though the other fangame was posted first, or do you have to prove that your fangame really exists to "reserve" a title? Can titles even be "reserved" under certain circumstances, or is it fair game no matter what? Should I just come up with a new title anyways to avoid confusion with this other project?

---
A few small notes:

1. I know that no one can actually reserve a title for a Pokémon fangame for obvious legal reasons. I'm not asking if I'm "technically" stealing it, I'm asking if you would consider it stealing on a moral basis.
2. I also know that titles don't matter that much, and hopefully my fangame will be fun to play regardless of what it's called. But, a game's identity is important, and few things are more closely tied to something's identity than its name.
3. I'm not going to say what the title in question is, both out of respect for the authors of the other fangame and out of fear that my title will be double-stolen!
4. I suppose this thread is "meant" to weigh in on my specific issue, but please feel free to discuss any aspect of the topic of reserving game titles, and please share if you've been in a similar scenario before!

Thanks,
IceGummi

 

[Lunos]

Can a Fangame Title Be "Taken" if It's Never Released?

In my personal opinion, ideally, you should contact that person and talk with them about it.

In the end though, whichever of the 2 fan projects becomes more popular will likely be the one that people will associate with the title.
For example, if we have a ROM Hack from 2008 that is rather crappy and obscure called "Pokémon Iluminalia", and then a new project comes out completed from the scratch with amazing tiles and an impeccable story using the same title, people is likelier to associate "Pokémon Iluminalia" with that second project, and all things considered, it would be fair to say that it has earned the title fair and square too.

 

[FL]

Except if you created a new word (plagiarism in this case), in my view, there is no title taken.

But I avoid to reuse popular game titles, like Uranium, or people will confuse your game with the more popular one.

For your case, I see no problem taking the name. I guess that, except some more unusual names like Pokémon Cooking Salt, all title are already taken.

 

[Hiroshi Sotomura]

Responsible behaviour would be to check if the game name is taken before you do it.

If the fangame hasn't been touched in a long time and there's no visible signs of incubation, development, or whatever, you could call it fair game, really.

 

[Amras Anárion]

If it's a famous fangame which has achieved a significant renown (as Pokémon Uranium) => No. It is more the one who copies who shoots himself in the foot, because his visibility will be drowned by the popular fangame

If it is a fangame that is not well known => It depends on the fame of the project, its state of progress and if it is active or not.
- the more the project has a high reputation, the more it is worth avoiding to have the same name
- the more the project is active, the more it is worth avoiding having the same name
- the more advanced the project, the more it is worth avoiding having the same name
You multiply these three factors to get an idea if taking the same name will be morally without consequences.

👉 An embryonic project with no news for more than a year: clearly yes
👉 An embryonic project that is less than a month old and seems fragile (limited quality description or signs of abandonment): I would say yes, provided that the choice of title is justified by your script or that there is proof that you had already chosen this name before (so as not to be seen as an opportunistic plagiarist).
👉 A project that was active, but has been abandoned for several years: It depends on the reputation and the progress that the project has had. (If it goes as far as the league and it's been downloaded 100,000 times: no. If the demo was only one hour of play with limited visibility, yes)
👉 A project in active development and showing solid foundations: to be avoided
👉 A project that is hype (even if it is only 25% finished): avoid

The fact that the choice of your title is justified by your scenario will play in your favor. On this point, the revelation of the logo can make the difference. (An original logo is a sign of originality, even for an identical name)

Many Hack-ROMs have identical names (especially when it includes the name of a color or a gem). It is less common in fangames, but it's exist.
In any case, the referencing aspect of your game encourages you to have a really unique name: if a homonymous game already has a significant weight in referencing, it will be difficult for your game to be referenced before it.
So think about googling your chosen name to see if the coast is clear. 😏