Hello! So myself and a friend are making a roleplay game and decided to call it ‘Party In Paradise.’ The name is very appealing but is already used. Last night, NotYourAvrgDev (COLD - Roblox) posted this on the group in which we are releasing the game:
You can see for yourself here: Party In Paradise Fans - Roblox. He claims that he has the ability to terminate me under DMCA and that he has the rights to it because of how he used it first. He also claims to be able to get me in legal trouble.
What I’m Asking
What I’m asking is, does he really have the rights to the name ‘Party In Paradise.’ Can he get me in legal trouble or get my account/game deleted for using the same name as him for a game?
(His game:🏝️ Party Paradise - Roblox)
Thank you for viewing this and please, if you know anything on this topic, tell me. If you need any more information, I am happy to give it, just ask!
(DISCLAIMER): I am in no way trying to bash him or his game, please don’t spread hate in his direction. Thank you! (also if this isnt in the right place please tell me i will move it)
Just because he breaks rules doesn’t mean you can do the same. I don’t see how it’s relevant if he uses free models or not.
On top of that, if his game gets a bad reputation for using stolen art then using the same name might get your game some of the same backlash. You should definitely rename your game to avoid confusion, regardless of legal issues.
The map you’ve shown can’t be copyrighted as the owner of that map uploaded it on an account that he wasn’t the original owner. So technically that’s just a free game. However, the name if can be copyrighted and when it comes to copyright Roblox will ban your account without warning.
I don’t know whether he’s actually trademarked the name or not. I think it’s unlikely, but it’s better to be safe. You’re more likely to be told to cease and desist than to just get a straight up ban.
If that was the case, the dozens of games you find when you search up “Jailbreak” would be banned. They’re not exactly hard to find. You probably wouldn’t even be able to use the same name as another game if that was the case. It’s only really misleading if you use the same thumbnail and icon, and regardless you would still likely be told to cease and desist formally instead of an instant ban without warning.
He hasn’t, I quickly checked a Trademark site. It’s instead owned by Margaritaville Enterprises, LLC.
So I don’t think he would be able to use this name either way
He doesn’t have any legal ground to stand on, However I’d suggest reporting him, make sure to provide evidence. Anti-competitive practices are never cool.
