Vlambeer announces Nuclear Throne
is the new title of their game
formerly known as Wasteland Kings
, an apparently amicable outcome to
being informed by InXile Entertainment that this might cause confusion with the
Wasteland series (thanks
). Here's part of the civilized explanation:
the game for PC, PlayStation 4 and PlayStation Vita during Sony’s press
conference at gamescom, we were contacted by a Dutch employee of InXile
Entertainment, the studio behind 1988 title Wasteland and the recent Kickstarter
for Wasteland 2. They explained that InXile CEO Brian Fargo and some of the team
were worried about possible brand confusion and argued that Wasteland Kings
could be misinterpreted as a title in the ‘Wasteland’ franchise.
We’ve been through a lot of trouble with people riding on things of ours, and we
understand that American trademark law is pretty strict in that not defending a
trademark weakens it. We realize that both games are set in a similar setting,
that the names are similar and that InXile obviously felt the need to reach out.
Although we aren’t sure Wasteland Kings and Wasteland are confusing enough for
this to be an issue, both us and InXile really don’t want to spend development
time on arguing over trivialities.
Most of all, we appreciate that the first contact between us was by a normal
employee, and not a lawyer. There was no extravagant Cease & Desist-letter, nor
a threatening letter in an envelope labelled ‘URGENT’. The e-mail we received
was short, amicable and to-the-point. It was followed up by a quick conversation
on Skype, in which we established that it would be the right thing for us to
change the name.
This is the way business should work nowadays: between people, not companies,
not lawyers, not departments. There’s so much paperwork between one and another
that it’s easy for people to forget that they’re dealing with people instead of
numbers and dossiers. Things can be friendly, rather than formal for the sake of