Comment by AnthonyMouse
6 days ago
> Because parents and the general public won't see that it's Bob's private server for $game. They see $game_name by $developer/publisher.
That isn't how liability works. The judge isn't going to let you sue the wrong person because you're confused.
$developer/publisher’s lawyer still has to show up and explain the confusion to the judge. Not a legal liability but a financial one. Then if one judge somewhere says something something trademark? they would also have to appeal.
It doesn't even get to that point because the first thing someone who wants to file a lawsuit does is hire a lawyer, and the lawyer isn't going to bring the case against the wrong party either.
Not legaly liable, but the "court of popular opinion" cares very little about facts, details, or legal entities.