Legal Question in Intellectual Property in California

can you trademark or copyright board games? is the "design" or the "game concept" protected?


Asked on 11/10/11, 8:42 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Some elements of the game would be trademarked, and some copyrighted. Maybe even patented.

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Answered on 11/10/11, 9:04 pm
Jim Betinol Withrow and Betinol Law

I agree with the attorney above. A board game may be protected by patents, trademarks and copyrights. The structure of the game and the method of playing the game is patentable, so long as it meets certain test. You should contact a patent attorney as soon as possible to discuss registering your patent because depending on certain situations a timer may have began to the window in which you can file a patent.

The games mark or name in connection with the board game, may be trademarked. Again, you should consult an attorney for this.

The board and the playing pieces may be copyrighted if they involved an original work of art or authorship. This may apply to the design of each game pieces, the shapes and artistic layout of the board.

Feel free to contact me or an attorney in your area to discuss this further.

Kind regards,

Jim Betinol

Partner

Withrow and Betinol Law

www.wibelaw.com

E: [email protected]

P: 424.229.2560

F: 424.258.7001

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 11/11/11, 8:52 am


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