Legal Question in Business Law in New York

A question about copyright infringement

Ok, so basically what I would like to know is how far can you go with something before it becomes copyright infringement? Basically what I would like to do is get a set of monopoly checks, the kind that have the $100 monopoly money as the face of the check, and I was wondering if it would be legal for me to make them myself, I mean, the Monopoly money does not have any logos on it or really anything, but I couldn't really find a place where I could know weather or not it's copyrighted, and if is, if I could make myself the checks. Alright, thank you very much for your time.

Cheers!

--name removed--Hubert


Asked on 7/15/04, 2:27 pm

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: A question about copyright infringement

I suggest you contact a local attorney familar with intellectual property matters to review this. My belief is that all phases of the game and name Monopoly are protected, either by specific rights or at common law and cannot be used without permission.

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Answered on 7/15/04, 10:37 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: A question about copyright infringement

You cannot do what you plan if your checks are likely to be understood as part of the game of Monopoly or would be confused so as to be endorsed by the owners of the Copyright or trademark. My belief is that your plans would be a platant violation and actionable. Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/16/04, 9:08 am
Joseph Tremiti TREMITI LLC

Re: A question about copyright infringement

Thank you for your inquiry. This response is for informatinal purposes only and should not be construed as legal advice.

In general, potential copyright infringement cases must be taken seriously. The holder of the right will not hesitate to prosecute should infringement be suspected.

As to your question, the actual game money may not have any copyright logo on it, but Milton Bradley will most assuredly have a copyright that extends to the game and anything resembling the game, which would include the money.

Nevertheless, to satisfy yourself, conduct a copyright search. First, attempt to do it yourself - contact the USPTO in Washington and ask for recommendations. Next, find a professional search service and - if you are willing to spend the money - have them do a very specific search. You will then be in a better position to assess your risk of infringement before you proceed too far.

I hope this has been of some help. Thank you again.

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Answered on 7/16/04, 12:00 pm


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