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Would this be a TM issue?

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randyhenson

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It not asking for legal advice just your opinion. I going to use this domain as an example smslingo.com. There is a game show on the "Game Show Network" called "Lingo". If I made a interactive sms game based on the same principles as the game show with some small changes. Would there be a legal issue in your opinion?
 
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Yep.
 
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Yes....Resist the temptation.
 
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Yes...absolutely....my bandmate made a version of deal or no deal...he QUICKLY got and email from NBC!!!

//everydayprofit
 
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without question there would be a 'potential' issue. Lingo is a generic word that in and of itself cannot be trademarked. However the game and the combination of word and intellectual property is really the issue. If you used the name lingo...and created a dictionary thesaurus program or even an online game that was completely different...you would be technically safe.

Anyhow, good luck.
 
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Lingo as a dictionary term is usable for anyone, there is practically no way to TM a single word for general/generic use. A different story though when a word is used for a specific purpose. In your case Lingo = game. The creator of the game has a vested interest in the word Lingo to be used and associated with his game only. Your game would have to be completely disassociated from the "Lingo Game" and even then you are in immediate danger for a letter of the game creator's attorney.
Logical reason; no matter what type of game you'd create, as soon as you name a game "Lingo" you are attempting to "ride the wave of recognition" of the well known game that has it's TM, why else would you choose the same name for your game? ;)
If you're serious about producing a SMS game, find your own name and avoid the headache. In the end, should your game come through and you have a good name for it, you can register your own TM.
 
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I think the key to the question is
If I made a interactive sms game based on the same principles as the game show

Same name + Same game = Trouble.
 
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