Post by AlphaBetaGamer in Code: Dino-H comments

Viewing post in Code: Dino-H comments

Yeah I got contacted too. I've been talking to SidAlpha about this issue. He has this advice:

"In terms of the Trademark dispute, he would have a case with the other Dev because it DOES create market confusion. But in terms of your video(s) he has no legal right to strike your videos as even IF Fair Use wasn't a valid defense, it's not even his copyright. If he filed a DMCA of your video, it would absolutely be against the law and you would have a VERY easy time suing him.

You cannot claim copyright infringement of a thing that you do not own the Copyright for. Trademark disputes between developers should never be used as an excuse to flagrantly violate the law in order to punish Content Creators out of a desire to blind the public as to the other game's existence."

So it's illegal for a developer to file a DMCA takedown for a video of another developer's original game. No matter what the game's name is.

For full transparency, I have removed my video as I'd rather not get in a fight about it, but if the Dino Hazard dev doesn't rescind the Copyright strike I will pursue legal action.

RavencrowProductions3 years ago (1 edit) (+1)

Thanks Alpha, that's helpful. I've decided NOT to remove my video, and if youtube wants to take it up with me they can. After reviewing both games, there are almost no similarities . The developer of the steam game claimed (in the email) that this was a "clone" of his game, so my immediate thought was that the dev here stole his game and uploaded it to itch.io. That's definitely not the case. Calling it a clone seems deceptive. Anyway, thanks for the info!

AlphaBetaGamer3 years ago

Yeah they're totally separate games. I don't think the Dinohazard devs had even ever heard of Dino Hazard. The name is clearly just a homage to Dino Crisis and Biohazard.

KillerGill3 years ago

Glad I'm not the only one who got contacted. The scumbag is throwing around his trademark notice and he doesn't even have one: https://www.trademarkelite.com/trademark/trademark-detail/88474539/DINO-HAZARD

Current status of trademark = "Dead"

The Dino Hazard game seems pretty dead too. He has a YouTube channel, but it's all about dinosaurs. Nothing about a dinosaur game: https://www.youtube.com/channel/UCjcEWCkuafL02yvkujCwL4w

The Steam page for the game is here: https://store.steampowered.com/app/1287540/DINO_HAZARD/

Would be a shame if it got review bombed!

5mg3 years ago

We were also contacted. I think the content producer should just be warned about it, but it hasn't been flagged yet.

I'm trying to talk to the developer to better understand what he means.

SidAlpha3 years ago

You don't need to have a valid registered trademark. A registered mark only serves to increase your capacity to defend your trademark. A Common Law mark is sufficient within the US which specifies first to use and first to market. HOWEVER, that doesn't change the fact that we may be looking at trademarks within 2 different countries AND it still in now way changes the fact that the guy is attempting to claim copyright on YouTube videos for a Trademark dispute. Which is still illegal.

AlphaBetaGamer3 years ago

Just got this message from the Dinohazard dev:

"When you completely erase the video, Youtube automatically removes the flag."

Correct me if I'm wrong, but isn't that 100% bullshit? A Copyright strike doesn't just magically go away when you delete a video!!

RavencrowProductions3 years ago

I think the only way it goes away is if you appeal it and you win the appeal.

Papatank3 years ago

Hello, I am one of the developer of Dinohazard. Jim tries to clarify the situation with the Dino Hazard team . Of course the name of our game was an obvious tribute, we were not trying to do any harm.

Sorry for the trouble and Thanks for your support, we really appreciate.

5mg3 years ago

We believe that the developer of Dino Hazard who contacted us is Brazilian and wanted by the trademarks register organ used in Brazil. We made an search at the INPI and verified that there is a trademark registration with the name Dino Hazard in the name of the person who contacted us.

According to the registration of trademarks, similar or equal names and of the same specification - videogames - the registered name is entitled.

https://busca.inpi.gov.br/pePI/jsp/marcas/Pesquisa_classe_basica.jsp

1 - click "marca"

2 - search for "dinohazard" or "dino hazard" em "marca" and press enter.