Legal Question in Intellectual Property in Illinois

I wrote a strategy guide for a business simulation game that I am currently selling online. The maker of the simulation game has threatened legal action against me for trademark infringement. Would their suit be successful? I would think that I have a defence of fair trade, no? I know about Brian Kopp and the World of Warcraft fiasco from a few years ago, but is there a case that was decided that ruled that people can write how to strategy guides on games/software?


Asked on 4/08/10, 5:05 pm

1 Answer from Attorneys
ERIC WACHSPRESS ERIC S. WACHSPRESS ATTORNEY-AT-LAW

In order to be able to answer your question I would need to review your strategy guide and the business simulation game whose maker has threatened legal action against you for trademark infringement. In order to determine if its claim would be successful I would then have to review the relevant case law. Normally, in such situations, if I determine that you have some valid defenses against their claim, my response, if no suit against you has been filed yet, would be to respond to the maker of the simulation game, asserting those defenses and the case law supporting those defenses, and to ask the maker of the game to withdraw its claim based thereon.

THE ABOVE ADVICE IS FOR INFORMATIONAL PURPOSES ONLYAND 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.

Read more
Answered on 4/14/10, 10:36 am


Related Questions & Answers

More Intellectual Property questions and answers in Illinois