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A friend and I are planning to start a game studio together. We planned to name it “Delta-v Games”. However, while looking into the name we noticed a game with the name “Delta-v” released in 1994 by Bethesda Softworks, https://en.wikipedia.org/wiki/Delta_V_(video_game). Delta-v is an old game.

Related; when Mojang (Creators of Minecraft) wanted to name there new game "Scrolls", Bethesda Softworks argued they could not do that because they had a game named "Elder Scrolls". Mojang was a big name and company at that point and this was both names of games that conflicted. Ours are the name of the production studio.

Could this become an issue? Our company is probably never gong to be over 10 people, or even 5. But maybe that does not matter and we should not take the risk?

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Yes, this could become an issue

Trademark infringement occurs when you use another’s trademark in a way that could cause confusion to the consumer. Is it possible that people will be confused that your company produced a game of the same name? Yes. Is that trademark infringement? Possibly. Would a company like Bethesda take you to court to find out? Possibly.

Can you avoid this risk by choosing a different name? Yes. Does this cost anything? No, as a new business your ‘brand’ has zero value right now.

Should you choose a new name? Well, it’s your business - make a business decision.

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  • I see. Ours are not a Game, but a production studio making games. But I suppose that does not change things much... Thanks for the quick response btw! – Mockarutan Jul 1 '19 at 9:39

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