You might remember our earlier reports on indie game Prey for the Gods, an action survival game inspired by Shadow of the Colossus and funded on Kickstarter with half a million dollars in pledges.
No Matter Studios announced in the latest newsletter that the Closed Alpha stage is near. However, they also revealed a slight name change enforced by Bethesda/Zenimax due to the similarity with the upcoming Prey game (launching tomorrow) developed by Arkane.
Wha!? Why are you now PRAEY for the Gods!?
Oh yea that...so we didn’t want to do this but we had to change our game name from Prey for the Gods to Praey for the Gods. Thankfully we get to keep the logo but we will spell it “Praey for the Gods”. Honestly, we could make this entire newsletter about our thoughts on this. Trademark law is what we were dealing with and we aren’t under any NDA so we can state the opposition in this situation, Bethesda/Zenimax.
We could’ve fought this and we did think about it for quite a while. Something like a trademark opposition can be long and depending on how far someone wants to fight it can be very expensive. We didn’t want to spend our precious Kickstarter funds, nor did we want to have to ask for additional funds to fight this in court. Using backer money towards something that doesn’t go towards the development or backer rewards felt horrible to us. Even if we did win we’d have to spend a solid chunk of our funds and in our opinion it wasn’t worth it.
The truth is we initially thought about naming the game Præy for the Gods prior to our initial trailer. The logo has both the woman praying against the duality of prey, and thankfully we get to continue to use that. We figured people would have a hard time trying to type in the æ symbol in search engines etc. This was back in 2015 when we posted a trailer on Facebook and Twitter with had no idea if 100 or even 1000 people would watch the trailer. We were applying for both Prey for the Gods, and Præy for the Gods trademarks shortly after as we realized the extent of what we were making. Unfortunately, Zenimax chose to oppose our mark, as they felt both were too similar to their mark “Prey”. While we disagree with their opposition we were able to come to an agreement.
It was something that kept me up many nights, and no doubt shifted our focus from our game frequently. Worrying about the outcome if we went to trial, if we’d lose our fans or walk away from the mark and still potentially get sued for millions on trademark infringement. This is really something no starting company should have to deal with let alone a tiny team of 3. So the fact that we came out the other end intact still developing the game was a win. One that will no doubt shape our company moving forward.
This is not the first time Bethesda/Zenimax did something like this. They also sued Mojang over the name Scrolls a few years ago, though an agreement was eventually reached between the two parties.
About the author: With over two decades of experience in gaming journalism, Alessio Palumbo has led the gaming vertical at Wccftech since August 2015. He started working at a young age for Italian websites like Everyeye.it, Gamestar.it, Nextgame.it, and Multiplayer.it before kickstarting the indie English-language publication Worlds Factory as its founder and Editor in Chief. In the last decade, he has coordinated the overall output of Wccftech's gaming section, managed PR relations, assigned reviews, produced daily news coverage, edited gaming content as needed, and delivered game reviews. Arguably, his trademark content is the long series of exclusive developer interviews that have been cited by Wikipedia and by the biggest news media and gaming publications. His passion for technology also makes him knowledgeable when it comes to gaming hardware and tech. His favorite genres include RPGs, MMORPGs, and action/adventure games.
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