@Thanatos2k: Having a similar name and sharing a word in common are two different things.

@analgrin: You've got to pay for the electricity to run your PS4/PS3/charge your Vita. There's just no way you can claim these games are free when there's that cost.

@metsuri: That's the whole reason for Tokyo RPG Factory existence, to make budget RPGs.

@Thanatos2k: That's a bad example there. I would see Starcraft and Warcraft as two separate trademarks, I don't think they'd prefix a suffix -craft, which again makes Minecraft it's own thing.

That example is valid and relevant because it's about trademark. Just because trademark can take different forms doesn't mean you can say it applies in some cases but not others.

Also, I never said they have to attack all games with single words in common. They have to enforce the trademark when the game is named similarly enough that the average person would not be able to tell they were different products.

@Thanatos2k: Ok, so lets see how many of those are similarly named to Prey that are not part of the Prey series.

1. Prey Evil - released in South America. Something tells me products released in South America are not subject to United States trademark laws.

2. Prey The Stars - released in 2008. Zenimax didn't get the rights until 2009, so it really just looks the previous trademark holder really just wasn't doing anything with the IP besides licensing it to mobile game developers. I'm no lawyer, so take this as an opinion, but I'm guessing if someone brought this up as reason to be able to use the Prey trademark, Zenimax would be able to argue they didn't have the trademark at this time but have properly enforced it since obtaining the trademark.

So, 0 examples, really.

@Sozialminister: It's reasonable to think that the average person wouldn't know that Prey For The Gods and Prey are different series.

@Thanatos2k: It's not a lie and it has happened before. Whether it's happened in video games, I don't know, maybe not because they enforce their trademarks. Here's a Forbes article where Greek organizations failed to defend their trademarks when a company started making paddles. The company admitted to infringing trademark, but their defense was that they weren't contested in a timely manner, and the courts sided with them saying that they could continue infringing trademark.

Now, I'm guessing this doesn't mean the trademark is completely lost, maybe just in this one instance. But the trademark owner still lost something for not enforcing it.

@Thanatos2k: Oh, where are the 4575 examples of games with names similar to Prey? It doesn't matter if other unrelated games have similar names, all that would prove is those titles were not trademarked or if they were the trademark owner failed to enforce the trademark.

Prey For The Gods sounds like it could be a title in the Prey series to the average person, thus it's too similarly named.

@nintendians: I'm still hoping my favorite game Excel gets ported to console one of these days.