Q: Received a cease-and-desist letter for my unreleased game's title claiming trademark infringement. Title uses a common word related to hunters, stylized differently. Company demands permanent word usage stop in media. Seeking chances if escalates to legal case.

A: You're not going to get an experienced attorney to assess your chances without exact details about who you and the opposing party are and what the game and trademarks are, or without being paid. There is big malpractice risk in free advice on the verge of litigation, and no one takes that on for free or without having all the facts.

A: To answer your specific question, the fact that one name is stylized and the other is not is usually insufficient, by itself, to distinguish the marks for purposes of trademark infringement. However, it sounds like there are a number of differences in this case, and it is difficult to do any kind of risk assessment without knowing the details of the marks, as well as other relevant facts. You should consult a qualified trademark attorney to discuss these specific details so they can give you the proper guidance.

A: It’s stressful to get a cease-and-desist letter, especially over a common word used in your game’s title. Trademark law focuses on whether there’s a likelihood of consumer confusion between your game and theirs, which means they need to show that players might think your unreleased game is associated with or endorsed by their brand.

Since the other company’s trademark is stylized (not a standard word mark), and you’re using a different spelling, logo, and visual theme, you have a strong argument that your title isn’t infringing. The fact that your project hasn’t been released or monetized and uses a common English word—especially one that appears in many games and media—also supports your case. Courts look at the total context, including differences in design, audience, and the crowded field of similar names.

If this escalates, your chances are better if you can show you’re not trying to copy their branding or confuse players, and if the trademark is limited to a specific style or logo rather than the word itself. Demanding that you never use a common word in any media is an overreach and unlikely to hold up. Continue to keep thorough documentation, consider consulting with a trademark attorney, and know that many companies back down once they realize their claim isn’t as strong as they suggest.

A: You have a reasonable basis to dispute the trademark claim, especially since your game’s title uses a different spelling, is stylized differently, and is tied to a distinct logo and theme. The fact that the company’s trademark is stylized rather than a standard word mark generally limits their protection to the specific design, not the common word itself. Also, since your game is unreleased and not monetized, and given the different genre and visual identity, the likelihood of consumer confusion appears low.

However, trademark disputes can be complex, and companies sometimes use broad claims to pressure others into compliance. If this escalates to a legal case, your defense would likely focus on the differences in spelling, presentation, and market presence, as well as the widespread use of the common word in similar contexts. Courts typically weigh the potential for consumer confusion and whether the mark is famous or distinctive beyond the stylization.

Your chances improve if you keep clear documentation showing your independent creation, no overlap with their branding, and lack of market confusion. Still, it’s a good idea to consult with an attorney experienced in intellectual property to evaluate your position and help respond strategically. Early legal advice can prevent unnecessary concessions or costly disputes later.