Help! I need a new name for characters we made.

[Vaiti]

The strangiest thing just happened. I can't for now say much (avoids some possible problems) , but next week I can. Google "Foozle" and limit the search to the last week or so tho. 

[Merusk]

Oh hey.. that IS new..
http://www.foozlegame.com/


I Googled the term after you'd announced the game out of curiosity of where else it might show up.  This other game was nowhere in sight at the time.  How coincidental it's ALSO a physics-based puzzle game. Heh.

[HaemishM]

Wow. Someone needs a kneecapping. 

[Paelos]

The fuck?

[Ingmar]

You guys did check for trademark filings and stuff before deciding to go with the name, right?

They have a (tm) on there, but it didn't show up in a quick search I just did. Their domain name was registered Oct. 8, 2 days after you said you'd use the name here...

Hmmmmmmmmmmm.

[Margalis]

It's not like "Foozle" is an original term.

Sure, these guys could by copying, but really it's probably like one programming use "foo" and "bar" and another doing the same.

[Vaiti]

They have a TM on the name on their site, but that doesn't mean they actually have a trademark. Just means they put TM on the name themselves.
Yes, we checked. Nothing showed up. Here is the interesting bit. We called the USPTO after they popped up on the radar and we noticed our filing wasn't yet listed either. Turns out it takes 7-10 business days for a filing to show up in their system to be searchable.

So here is what could happen, and I won't know until next week. If they registered for the name before us, we have no way of knowing until their trademark shows up in the searchable database. If it does show up, our monies are forfeit for the filing 

Kind of a silly system. You have no way of knowing if someone else has registered for the same thing you are registering for until after that 7-10 day period goes by.

It's super strange that the game just happens to be on iOS, has little furry creatures, is a puzzle game, and uses a name a single letter off from what we are using. However I don't think any grand conspiracy is in effect here. Pure coincidence. Foozle sounds like a little furry ball creature.

[Cyrrex]

I don't know, sounds a little too strange to be a coincidence.  I recommend going over to the Lurker thread and giving them the whatfor.

[NowhereMan]

Man, I wonder how many people lurk the games dev boards just waiting for ideas to rapidly implement in a (possibly) shitty fashion?

[Vaiti]

I won't put it outside the realm of possibility, but I dunno, just don't think it is the case. Still, very very strange. Pretty sure they haven't filed for the trademark however and just slapped it on. So we have our bases covered. We just now went live on the Nordic Region App Store. Thing that sucks at the moment is they show up if you search for us of course, but they also show up as having released two days earlier than us, so WE look like we're ripping them off. Fucking hell.

We won't release Worldwide until the 9th however, and by then the trademark should be out of the way, and we can go into talks with them about having them change their name. In a way this is a good thing for us. Controversy and something to talk about. Ain't it strange.

[Cyrrex]

Well, here's hoping that you are, indeed, first.  You'll be sure to keep us posted on any fun legal drama...you know how we live for that shit.

I just realized this puts me into a bit of a spot.  Am I seriously going to have to make an actual itunes purchase?  Fuck me!

Edit:  holy shit!  At least your version looks like a real game.  Seriouslly...the other one with the "tm" looks exactly like some asshole read this thread and decided to throw something together in a half a day just to be a dick.  I think that may be exactly what happened.

[Cyrrex]

Also, you are going to get my 6 kroner, because FUCK that other guy.

[Vaiti]

Wow, thanks for the support Cyrrex.

I've finished sending out review codes to most of the Nordic reviewer we plan to try to get to take a look at the game, so I have a couple promo codes left over.
Might as well give them out here, they will work Worldwide, so feel free to use one even if you are in the US. We'll get more promo codes when we update the game, but most of those will be spoken for. If I have leftovers then I'll give more out here.


Just reply here with the code you used if you use one so I can cross it out from the list/others know it is used. Let's see how many lurkers snatch a code up   

[Cyrrex]

Bought a copy.  Dude...it's quite good.  Better than most physics games, and a wee bit addictive.  Looks nice too, kinda wish i had an ipad.

The music is good, but you need sound effects for everything, including cute-ish noises from the Foozles themselves.  I think that would help put it over the top.

So yeah.  I'm impressed.  Here's hoping you rake it in.

[Vaiti]

We had a problem with our sound effects, but we plan to fix that. We just didn't want to delay release any longer, we've been sitting on this about a month. We hired a Scottish guy to do our sound effects at first, but we just weren't that happy with them, then he turns around and starts talking royalty on sales after his lawyer convinces him that would be a good idea. So we fired him and ditched his sound effects. Came up with some quick solutions ourselves instead.

Music is by a little UK band called Deep Sky Divers. They haven't really done anything since 2005, but we liked their music, had the right sound for the environment we made for the worlds.

Yeah, it is addictive and you get that little feeling of "Yes!" when you beat a level at times which is great. I'm real happy with how it turned out.
Thanks for the feedback, when we were doing beta for it locally (I think I mentioned this earlier here) we tested it with University students and they could only say nice things about it. Felt like maybe the lecturer had told them "Be nice to to the kind ol' indie Devs, don't say anything to upset them." 

It's good to get feedback we can work with.

[Sand]

Well, here's hoping that you are, indeed, first.  You'll be sure to keep us posted on any fun legal drama...you know how we live for that shit.

I just realized this puts me into a bit of a spot.  Am I seriously going to have to make an actual itunes purchase?  Fuck me!

Edit:  holy shit!  At least your version looks like a real game.  Seriouslly...the other one with the "tm" looks exactly like some asshole read this thread and decided to throw something together in a half a day just to be a dick.  I think that may be exactly what happened.

I agree. Some lurker/poster tried to rip you off.

Everything I could dig up listed below:

[Vaiti]

edit: NO! No this isn't a politics thread! Bad, bad Vaiti! you stop right this instant!

[Reg]

Arthur Parker, famed Internet Detective needs to be set on this guy.

[Ironwood]

That's not all that needs to be set on this guy.

 

[Vaiti]

Boosh.   

[Sand]

Arthur Parker, famed Internet Detective needs to be set on this guy.

I updated the spoilered info above.

[Mosesandstick]

Boosh.   

Nice one. Hope everything works out.

[Count Nerfedalot]

So anyone got access to the server logs for this board that might be able to spot the IP this slimeball was reading the thread from?  Might be fun to find enough evidence to not only guarantee a successful cease&desist but also line him up for potential damages.  Or better yet get him blacklisted from the App store.

Any plans for an Android port?  (before answering that in a way that might weaken your legal position, it might be a good idea to make sure Mr. Slimeball isn't trashing your trademarked brand with his drek in that market as well!)

[Sand]

but also line him up for potential damages. 

No its not on the Android market.
And you wouldnt get much from him.

[Arthur_Parker]

 

[NiX]

Slimeball is trying to get TouchArcade to review his game. You should sent him a box of shit.

[Count Nerfedalot]

but also line him up for potential damages. 

No its not on the Android market.
And you wouldnt get much from him.

Oh, I don't mind if he has no money. I'd settle for the douchebag being unable to ever work or do business in the industry for the rest of his life. 

[Slyfeind]

I searched for "Foozle" on my iPhone apps and only found his. Where can I find the real Foozles?

Edit: Alas, only available in the Nordic region?

[Vaiti]

We are doing the Worldwide relase on the 9th of this month. There are promo codes in a spoilers further up this page of the thread.

[Sand]

Vaiti give us the drama! Did he cease and desist? Are you going to use your special forces Nordic teams to take him out? 

[Amarr HM]

We are doing the Worldwide relase on the 9th of this month. There are promo codes in a spoilers further up this page of the thread.

Awesome man! I have an Android phone but I'll put my Apple loving buddies on to this.

[Slyfeind]

We are doing the Worldwide relase on the 9th of this month. There are promo codes in a spoilers further up this page of the thread.

Awesome, I'm looking forward to it!

[NiX]

Thanks for the date. I can stop checking the store now.

[Vaiti]

There is more drama to be had, but nothing really to be said about that drama at the moment as I'm still catching up on it myself. I just flew into the USA this week and am continuing work from here, 7 hour time difference and jetlag has kept me out of the loop some.

edit: And the current drama looks like something I'll need to be quiet about for awhile

[Cyrrex]

How are things going with the game otherwise?  I tried to give a review via itunes, but it isn't letting me for some reason.