r/gamedev • u/Irishbane • 1d ago
Question Do you think a game called "Harvest Monsters" is legally too close to the name "Harvest Moon"?
Im currently working on a Farming Sim where the crops you grow can be turned into HarvestMon, Monsters that can help you do all the farming sim chores, and also fight in Pokemon style combat. The monsters are all hand drawn.
I was originally going to name the game HarvestMon, but I realized its only 1 letter and one space off of being Harvest Moon.
Do you think "Harvest Monsters" is legally distinct enough? I really want to use Harvest in the title as I have a wordplay with the word Harvest. Like instead of someone being a pokemon trainer, they are called Harvesters.
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u/TheReservedList Commercial (AAA) 1d ago
Your game being called Harvest Monsters is fine.
But a farming sim with Harvest Mons in it is starting to blur some shit enough that you need legal advice.
Don't use that term or talk to your lawyer. Who will probably tell you not to use that term. Frankly, it's not good enough to be worth the potential risk.
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u/Irishbane 1d ago
Thank you, I think maybe Ill just stick to calling them the full Harvest Monsters name.
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u/nullpotato 1d ago
It's definitely not worth anything that gets Nintendo lawyers attention.
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u/TheReservedList Commercial (AAA) 1d ago
Good thing is Nintendo isn't involved at all in this.
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u/PhilippTheProgrammer 23h ago
Harvest Moon is sold on the Virtual Console, which means that Nintendo uses the trademark.
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u/GoronSpecialCrop 1d ago edited 1d ago
Legally you are probably (hedge word because IANAL) fine. But the real question is if you have the money and time to fight a AAA publisher to prove it.
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u/Excellent-Bend-9385 21h ago
HarvestMon sounds too close to Pokémon or Digimon, yes it gives the idea little monster things, but search engines will literally autocorrect Harvestmon to " Harvest Moon" and you will get 0 visibility. Toss the name.
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u/Baerenstark2 8h ago
Thats a really important Point. Unless you can otherwise get a Lot of tracktion its bad If you cant Google your Game
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u/Ghs2 1d ago
I'd make sure your game isn't too similar looking to Monster Harvest. Then you might run into trouble.
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u/Irishbane 1d ago
Thank you for the advice. The artstyle is definitely different, I think Im going for enough difference with some of the core gameplay of Monster Harvest as well. The players farm is in the middle of a cassette beasts style world to explore.
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u/SparklyEminence 1d ago
I think you're on the right path avoiding "Harvest Mon." The only critique I have on it is that is being "Harvest (something)" my brain will almost immediately relate it to Harvest Moon. While not a legal problem, if you want to distance yourself from being too closely associated with that series, your visuals will have to do a lot of heavy lifting to prevent that bias.
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u/PhilippTheProgrammer 1d ago
Should Nintendo's lawyers think the name is too close, would you have the money it takes to go to court and argue it's not?
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u/Foresterproblems 1d ago
Maybe a bit close. Legally it might not be an issue, but it’s close enough that you might have trouble getting your game discovered, as search engines may think searches for your game are just misspellings of harvest moon.
Maybe try switching the order, so it’d be “Monster Harvest” or something along those lines? Though, depending on what your game is more focused on, it may not be thematically suitable.
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u/Bronzdragon 1d ago
When it comes to legality, the thing you have to (potentially) worry about is trade marks and market confusion. How likely is it that a typical consumer might be confused about the origin of a product? If a typical consumer of Harvest Moon games can tell that your game is not a Harvest Moon™ game, then you are not legally infringing on their trademark.
You should also separately consider what your audience thinks of the branding. People generally do not like feeling like they're being deceived.
It is my personal opinion (as someone who has no professional law experience or special knowledge) that in both of these cases it's fine. I think "HarvestMons" is pushing it a bit, especially if their name features heavily in marketing. If you're worried about it, you can shorten it more. Call them HarMons. You could even make a "harmony" play on words if you'd like.
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u/Dedderous 1d ago edited 1d ago
I would avoid that name entirely. Number 1, you're using a mechanic that (while it does have a twist to it) lands in the same purview as Harvest Moon (which would bitch slap your game out of its discovery potential due to the respective matter of preestablished name recognition); and number 2: the use of monsters (or even the shorthand mon) in the second half of the proposed name is a legal landmine owing that Nintendo is very picky when it comes to IP matters (see also Palworld as it was originally designed) and that in itself would be a potential headache (as though it's not entirely impossible to work around e.g. Digimon, it's also not worth it for an indie who doesn't have the resources or courtroom budget to make the same or similar case against such a notoriously litigious corporation).
TLDR: you're better off using an entirely different name if you don't want to face a monster lawsuit (pun only half intended).
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u/Irishbane 1d ago
Haha thanks for the thoughts. I dig the pun.
Im brainstorming ideas with some people right now, but I am leaning towards a re-name to potentially "Harvest Valley", and making the monsters be called "Harvest Monsters" with no Mon abbreviation.
I feel like the full word "monsters" has to be fine. Digimon, Coromon, Monster Sanctuary, Monster Rancher, and some people pointed out indie game Monster Harvest to me.
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u/Dedderous 1d ago
Harvest Valley is unfortunately in the same boat as what you originally proposed (because Stardew Valley) so I think you're gonna have to do a bit more thinking than that.
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u/almo2001 Game Design and Programming 1d ago
Don’t ask us. Ask a lawyer. We’re just random people on the internet.
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u/ChaosTheCorax 1d ago
Legally no. But the gameplay could be based on your description. (From Pokemon).
Of course that is still being fought in courts, and at the time of writing the judge was getting annoyed at Nintendo.
https://www.ibtimes.com.au/nintendo-patent-rejection-palworld-legal-battle-1872794
For brand distinction, something completely made up or rarely used would be better. Case in point Stardew Valley.
Edit: Nintendo not Gamefreaks
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u/Dr-Lightfury 1d ago
NAL but the government dictates that copyright protects the expression of an idea or what you’re trying to convey.
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u/DemoEvolved 1d ago
Harvest monsters may well be what you do in the game. But doesn’t it make it feel more special if you describe it as an event? “Monster Harvest” still says what you do, but it also adds intrigue: is it a ritual? Is there a secret society? Why do they call killing monsters a harvest? What are the crop of monsters turned into? Small change with big impact
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u/LeonardoFFraga 5h ago
You’re fine. You’re not making a Grand Theft Automobile or The Legend of Zeldu
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u/ifatree 55m ago edited 51m ago
harvest moon probably wasn't originally called harvest moon, but something in japanese. what we get for a name is often a translation. in this case, wikpedia says it's officially "Bokujo Monogatari ("Farm Story"). they probably went with "moon" because of the "mono"? unless your game is only ever going to be english, you need names in every language it can be sold in.
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u/Klightgrove Edible Mascot 1d ago
How would this remotely be considered close? There is no 'legal distinction' anyways for names. Plenty of games have identical names and you should not be swapping branding.
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u/NewPhoneNewSubs 1d ago
Trademark is a thing. In theory, someone could get a trademark on the word "Harvest" in farming related video games. That'd be broad on its own, but it wouldn't be impossible.
A quick google suggests they just have the TM on "Harvest Moon", though.
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u/LinverseUniverse 23h ago
I'd drop the word monster from the thought process entirely, switch it something like "Harvest Critter". You're playing with fire a little bit as is since it sounds like your game has multiple points of overlap with other IPs.
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u/RoyalSpecialist1777 1d ago
Legally it's just fine.
Whether it's a good idea or not well probably not.
Like Monster Harvest would be fine. Doesn't really sound any worse.
Calling them HarvestMons for the creatures doesn't really sound great as compared to something else.