Monday, February 20, 2017

Kickstarter - Alternative Facts the Game (Not to be Confused with Alternative Facts - A Hilarious Card Game by Frog God Games)

Alternative Facts. Catchy name for a game, right? So catchy that you might be tempted to use it EVEN AFTER another publisher just started a Kickstarter under the very same name. Because why bother to see if its already in use on the platform you want to fund on.

You know what? I really like the name Labyrinth Lord for an RPG. Its already in use? No problem. Mine is different. Its "Labyrinth Lord the Game." See? Totally not the same.

Hey, lets look at the quality presentation of Alternative Facts the Game, shall we?

Wow! That just screams "Take my 25 bucks damn it!" Well, maybe not. Personally, it doesn't even whisper to me.

Here's the link to Frog God Games' Kickstarter for a similarly named card game that kicked first. Really, the only thing in common is the name.

Ah well, I'm going to be hard at work on my "Dungeons & Dragons the Game" Kickstarter (go big or go home ;)


  1. Halo effect, maybe? Seriously, Cards Against Humanity was a fun idea but every "me, too!" game that came after it is just bankrupt of creativity.

  2. The copy-cat game does look a lot like a Cards Against Humanity clone, but the Frog Gods Games one is designed by Krista Webb and Matt Finch, so you know that one's gonna be good.

  3. Reminds me of a few months ago when someone launched an Aces & Eights larp kickstarter. Hello — we're using that name in the context of gaming over here. Have been for a decade.

    Fortunately we were able to convince them to change the name so it ended there. But yeah - do your research.

    1. Have you considered launching a Kickstarter for an Aces & Eights rpg ? Cause I'd be willing to spend money on that.

    2. Yes in fact Aces and Eights Reloaded is launching in a few weeks.

    3. Serious ? Wow, great ! Ask and you shall receive I guess.

  4. Although the above game is of low quality, unlikely to fund, and was Kicked later than FGG game, it does have a federally registered trademark. In contrast, the FGG game does not and would be considered a unregistered trademark which is only defensive within a geographical location within Washington state.

    The FGG game also has in common with following unregistered trademarks: Swords & Wizardry, S&W, WhiteBox (this one is really thin), Mythmere Games, Lost Lands, Frog God Games. Just about anything else stated as a trademark like in the above Credits where FGG is the only source.

    The FGG game isn't in common with the following: Wizards of the Coast, Dungeons & Dragons, Forgotten Realms which are registered federal trademarks per the United States Patent and Trademark Office and can be searched on TESS (Trademark Electronic Search System). As bonus example, this would also include Castles & Crusades which was registered by Chenault & Gray, LLC on October 17, 2006.

    An unregistered trademark has little legal protection. In most cases it would extremely difficult to defend on a nationwide scale. It is a statement of "I was here first, please respect my mark!". The original intent of the unregistered trademark was to give protection within the limited geographical area for a physical storefront. It protected a business from someone opening a similar business with the same name within the same city.

    An unregistered trademark of a web-based business comes down to a honor system that recognizes the claim.

    "Alternative Facts the Game" was filed on January 30, 2017. The FGG KS started on January 27, 2017. Registered trumps unregistered regardless of the date. Also, I doubt prior to filing the name was chosen from FGG's KS page. Even so, it would make zero legal difference.

  5. To add to the fun there is also : Alternative Facts: The Card Game of Unbelievable Beliefs

    Lets just assume that all this is just parallel creativity inspired by recent political events.

  6. Shadow Demon — What makes you think that FGG doesn't have a prior trademark application?

    1. Because none of their trademarks are registered. At least none that I have found.

    2. Then you probably shouldn't express opinions based on circumstantial premises without doing a basic trademark application search.

    3. Well. Marvin. I did do a search. Plus, there is the fact that the FGG KS includes the TM symbol for an unregistered trademark instead of the circled R. Since none of their other marks are registered, the idea that we are in a grey area of processing by the USPTO doesn't ring true.

      it isn't registered and it is extremely unlikely that it ever will be.


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