How is L.A. Noir TV show not trademark infringement?

[Nem Wan]

Frank Darabont is developing a TV series for TNT called L.A. Noir which has a similar subject as the game L.A. Noire. It's about police detectives in the same city and time period. It's not based on the game but on the book L.A. Noir: The Struggle for the Soul of America's Most Seductive City.

How is this title not an infringement of Rockstar Games' L.A. Noire trademark? The game's title and subject matter were announced in 2006 and the book that is the source material for the TV series was published in 2009. The fact that the series is not based on the game's fictional world is irrelevant to the issue of being confusingly similar and benefiting from the fame of the game. The book author could have been aware of the game title, and the producers of the TV show must certainly be aware of the game.

Was a deal made with Rockstar?

[Canoxa]

I don't think this is an issue. While Rockstar could (and certainly did) copyright the game's content, there is no way they could argue that such an iconic image like 40's film noir LA belongs to them. For example, the Red Hot Chili Peppers sued Showtime when Californication first appeared. Showtime won the case - even though the word was most famous at the time because of the album, using it was not foul play.

I'm afraid unless you see the same logo or something, there's nothing to pick at.

[Dave]

I would imagine the game using the more unusual noire rather than noir was at least party so Team Bondi (and subsequently Rockstar) could have some ownership of the title. Ther term and title L.A. Noir has been used long before the game came about so it'd be difficult or impossible to claim ownership of it.

As for whether the series will benefit from L.A. Noire, I'd guess it will to some extent, but that's familiar territory for Rockstar. The influences from pretty much everything they do can been seen after a game is released, from the Saints Row series down to how the Chinese Rocks typeface started popping up in the mainstream after Red Dead came out.

Incidentally, there's also a film called Gangster Squad which is currently in post-production and has many similarities with both the game and the book so the era is definitely popular at the moment, probably largely thanks to Rockstar, but I'd think they take it as a compliment rather than a threat to their IPs. The game might even sell more after people watch the Darabont series.