Legal Question in Intellectual Property in Illinois

The game Monolopy is public domain, as the patent on it expired about 60 years ago. The basic game was first patented in 1904 by Lizzie Magie, who made virtually nothing from it and then repatented (the Patent Office made a colossal mistake) in its current form in 1935 by Charles Darrow, who is generally (and erroneously) credited with being its originator and who made a million from it by selling out to Parker Bros. The MONOPOLY name, however, is one of the most valuable trademarks of Hasbro, as Hasbro bought Parker Bros. So, the strategy (e.g. lines and squares and general rules) is free for you to use, but the name is not. So, provided you do not use their specific artwork or names, and provided you do not make it likely that anyone will be confused into thinking your game is associated with or sponsored by Monopoly or Hasbro, you should be free of liability to them. It will help if you prominently display a special disclaimer of any such association or sponsorship. An Illinois patent attorney (me, for example) can help you with that for under $100.

You say you do not plan to apply for a copyright. That makes it clear you do not understand copyright law. Copyrights are automatic, it is copyright registrations for which you apply. You should register your copyright. It is proof of your authorship. There is no downside risk in doing it, it is inexpensive (about $200-$1000, depending on what attorney you use -- I am the $200 one because I work from home and don't have to subsidize a downtown law office), and copyrights last for the life of the author (you in this case) plus 70 years. That is, long after you are dead and buried.

You not only don't need permission, you should not ask for permission as that implies you think you need it.

Absolutely you can post the picture of your finished game on the Internet. Heck, you can sell it world-wide if you want, provided you protect yourself by copyright and trademark and, if appropriate, by patent.

You also show you don't understand Trademarks. You need to get protection for the brand name you will employ for this game and be sure it does not infringe anyone. That involves a trademark search and a Federal trademark registration. That costs a total of $500-$1500 including Government filing fee of $275-$375 depending how it is filed and on the attorney you use (again, for the same reason, I am the $500 one - but don't get fooled by price, I charge the least but do the best work.)

So, bottom line, for about $800 you can cover your bases legally and proceed to sell this anywhere, even to the Hasbro execs who manage the MONOPOLY brand if you want.

You also show you don't understand patents, since you don't mention the word. If it is patentable, and you expect to sell a lot of them, you should also consider applying for a patent. That will, however, cost about 10K dollars by the time you get the patent and pay the maintenance fees on the patent, so the copyright and trademark may be all that makes financial sense, and probably so.

And, as Paul Harvey said, "that is the rest of the story."

Good Luck. Call or email if I can help