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(1 edit)

Dutch news articles from 2001 do use "Netschaap" to refer to Netscape and directly state that this was commonplace in the contemporary Internet. This is why AOL sued in the first place; they were intending to use Netschaap as the Dutch name for Netscape and wanted to seize the Netschaap.nl domain name for that purpose. This was a plausible grounds to sue upon, even if they ultimately lost the case.

Scratch would have absolutely no grounds on which to sue someone for using the word "Scratch" in a random video game as a stand-in for Itch, as this does not in any way impede them the way that taking a restricted domain name does, nor would any reasonable person mistake the two.

Quite frankly, I find it much more likely that the player would never have heard of the wouldbe-suitor Scratch to begin with.

The comparing looks like it makes sense, but reality thought me it doesn't. First of all what AOL planned doesn't matter for the law. Moerstaal was first, and that is what counts.

--> Dutch news articles from 2001 do use "Netschaap" to refer to Netscape and directly state that this was commonplace in the contemporary Internet.
Which news channels. Not the ones I followed back then. All news channels I followed used "Netschaap" to refer to "Netschaap" and not to Netscape. Since nearly everybody in the Netherlands speaks English fluently English names haven't been translated for years, except in products that are aimed for children, which is for a web browser not the case.

So if that was AOL's intension their intensions were given the fact the name was already taken no longer legal. Also cases in which amateur productions were removed to the use. There are by the way more cases in which lawsuits over a name led to misery. I just recommend against using the name "Scratch", as all I showed is the top of the iceberg of the long list of many cases.  Also I would never link "scratch" to "itch" so this leading to Scratch to think it refers to them is not so odd, and then it comes down to what judges believe. More risky than you think.

And when it comes to amateur productions being hunted down due to references (and then I do not mean only "fangames" that are actual remakes, but mere references), the number of cases is beyond counting. Especially Nintendo and Wizards of the Coast are rather infamous for that.  I do not know about Scratch on this point, but as policies change... Personally I could use the name for anything as long as it's not gaming related.