Hello guys , this is my new game , it's called luigi's world a mario bross prototype. different ambients and a good game , i am sure you will finish all the game when i'll release it. -Over 50 levels -Only one character for now -A lot of power ups -Different Monsters ALMOST FINISHED.
I don't think the word 'Luigi' is trademarked - you can search here but Nintendo could claim IP infringement as Luigi's World is similar to Luigi's Mansion and if you are publishing on Google Play, it will simply remove your app and give you a strike and there's no point trying to discuss it with google as you'd get a response from a brick wall, before Google send one. Of course, if you have deep pockets, you can contest it in a court, as copyright law is all about confusing the customer into believing that they are buying a Nintendo product and that using the name Luigi XXX contributed to that and if you called it 'Peters World', you probably wouldn't see any downloads. I had a similar dispute with King over the use of the word 'candy'. Apple unlike Google and Amazon kept my app on sale whilst emails went back and forth between myself, King and the App Stores. However, I did my home work and the word 'candy' no longer holds a valid EU trademark as it was over turned very recently I told this to Amazon, with links and they reinstated my app but I was still annoyed and as for Google - Brick and wall - so I just removed all my apps from their store and no longer support their format.
Well when you call him luigi and he looks like nintendos luigi then that's def a possible problem I would say
They use Luigi with a TM by it http://www.nintendo.com/amiibo/detail/luigi-amiibo-super-smash-bros-series
@Jamie i think i can use that name cause apple didn't say me that the name luigi is already used. @Machine Rises @ramiucef @VectologyGames When i published the game DIAMOND ROAD on playstore google on the korean store blocked it saying me that korean review team think that the cgharacter is similar to mario. And i writed to the google review team saying ( the character is not a clone just take example from mario and the game to , cause every thing it was unic and NOT A CLONE) and after my email they unblocked it on the korean games ... Cause they said the character it was similar to mario but if they unblocked it after my apeal i think that i would not have problems. So i just told to a friend if i can use the name luigi and he said yes cause it's not a trademark.
I'm a big fan of the graphics already. I would suggest maybe not using Luigi. Isn't that the same guy you used for Diamond Road? Maybe have some continuity between your games and name it something on the lines of Diamond Road. Just a suggestion though
guys i don't want to get strikes so i emailed to apple review team , if they say that this is a problem i will change the name.
Apple review team said me that they can not tell me if i can or not use the name luigi if i don't show them the game , so it's not a problem the name luigi cause they could say me NO you can't use the name luigi or i am wrong?
The character and title you're using does infringe on the Nintendo trademark. Apple review team isn't a legal team, but they will typically reject games during the review process with obvious trademark infringements. However, they don't catch all instances of this and your app may be approved. This doesn't mean you're in the clear as Nintendo can file a complaint through Apple (or Google) at this point. They will contact you with the complaint and you'll have some time to respond. If you don't take down the game they'll then follow up with a formal cease and desist possibly followed by a lawsuit if the game isn't taken down after that. If you still want to keep the title and character the same, you can only hope that you'll slip by the reviewer and that you'll fly under the radar in the store without Nintendo noticing. If you plan on trying to do well and get some visibility with this game, you WILL run into problems. To me it's a lose lose situation. If you fly under the radar and no one cares that means you game isn't doing well, but if you do start making any noise in the app store, you're going to end up having to take it down.
You should understand that it's your sole responsibility that you don't infringe rights of others, regardless wether it's Trademark or Copyright. Even if Apple allows you to use this name in the app store, it doesn't mean anything in case of a law suit as Apple is not responsible for the content and you will be the target. Go with this name if you feel you are prepared (legally and money-wise) or take the safe road by choosing a carfully selected name which might not cause problems...your decision...
@Phillip Kung thanks , so what do you think , i think to change the name , and nothing else cause there are other 3 games like lep's world so the game isn't like Mario cloned cloned just the game type . But the character isn't the problem just the name i think.
I would just change the name. Your character and design looks different enough from Mario where I don't think there would be an association there without the name in the title.
Hi i Need Help you have a Game Mario like i want ist to but i have any Problems mit Stone Broken Power Ups do you can help me or do you can give me a learn template for Power up and than Chance charater or anything