Legal Question in Intellectual Property in Illinois

Re: Trademarks

Normally, an inventor/designer of a board game would get both copyright and trademark filings, if you have a distinctive mark/graphic etc. The trademark searches at the Illinois and federal level plus attorney fees are relatively expensive. Do you have an attorney to help you? This answer does constitute legal advice because you are not as yet my client.

Re: Trademarks

Copyright registration does not protect the concept of a game. It does protect its literary and pictorial expression, however, namely the appearance of the game, the board, cards, etc and the content of any instructions or published material packaged with the game against someone creating substantially similar materials. This assumes the registration refers to these materials. However, the name of the game or any slogans used on the game box to identify the game and distinguish it from other games in the marketplace, e.g., "The stock market game," would be the subject of trademark protection. Trademark rights are based on first use in the U.S. but registration is prima facie evidence of the validity of that registered mark, the registrant's ownership of that mark, and of her exclusive right to use that mark in the U.S. Before anyone shows an invention or product concept, which your game design is, to a potential manufacturer/designer, that manufacturer/designer should sign a confidentiality/non-disclosure agreement providing that if that manufacturer/designer steals that invention or product that it/he will have broken that contract. therefore giving the right to sue for breach of that agreement to the creator.

THE ABOVE ADVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IF YOU HAVE QUESTIONS REGARDING ANY MATERIAL PRESENTED HEREIN, I RECOMMEND THAT YOU CONSULT AN ATTORNEY. THIS INFORMATION IS BEING PROVIDED BY AN ATTORNEY IN ACTIVE PRACTICE IN THE STATE OF ILLINOIS AND CURRENTLY HOLDS AN ACTIVE LAW LICENSE IN THAT STATE ONLY.