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Is the ES:O symbol going to cause issues?


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Note that as an ancient symbol, the ouroboros isn't trademarkable (its considered a concept in the public domain), however you could make a distinct version of the ouroboros that is trademarkable - like ES:O's three snakes to one eating its tail.

 

Yes--and then you can go after people who make a similar-enough product using a similar-enough symbol. The breadth or narrowness of a given trademark depends a lot on how many lawyers you can afford.

Grand Rhetorist of the Obsidian Order

If you appeal to "realism" about a video game feature, you are wrong. Go back and try again.

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Note that as an ancient symbol, the ouroboros isn't trademarkable (its considered a concept in the public domain), however you could make a distinct version of the ouroboros that is trademarkable - like ES:O's three snakes to one eating its tail.

 

Yes--and then you can go after people who make a similar-enough product using a similar-enough symbol. The breadth or narrowness of a given trademark depends a lot on how many lawyers you can afford.

 

You're have to be fairly close though for the lawsuit to be anything other than a nuisance suit; I'd think (and I'm not a lawyer) that unless you had three snakes eating one another Bethesda wouldn't be able to prevail in a suit. Just having an ouroboros wouldn't be enough - even in the same competing field.

 

Not that it matters since Project Eternity's logo isn't using the ouroboros anymore...

I cannot - yet I must. How do you calculate that? At what point on the graph do "must" and "cannot" meet? Yet I must - but I cannot! ~ Ro-Man

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The Ouroboros is not copyrighted, heck it is even a symbol for a knightly Order... but then again, the word "Scrolls" isn't copyright material either and was still the reason for dragging a game with that word as name before judges. Also Bioware got sued by some Canadian medical organization for its use of the cross (for first aid or medkits in Mass Effect 1) which made them decide to replace it in the sequel. Copyright as it is now in my opinion is simply put moronic, but I guess one can't entirelly ignore it today, due to the overall idiocity in the society.

 

Besides, I doubt Obsidian will call the final game still "Project Eternity" so maybe symbols get changed as well.

Edited by Jorian Drake

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Didn't Bethesda try to sue Notch for the word "Scrolls"? Sigh.... So not out of the realm of possibilities.

 

They did ... and their case was dismissed if I recall

 

Three cheers for a judge with an an ounce of common sense!!

as far I know it was only dismissed due to the companies agreeing out of court, and that agreement sounded to me as if Notch lost

Edited by Jorian Drake

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