Legal Question in Technology Law in New York
Online board game legal issues
Hi,
I'm a software developer. Does
anything prevent me from making
an online version of a board game?
For example, a board game like
Parcheesi may have some patent
from board game company XYZ. If I
take the same game mechanics, call
it something different, maybe add
some variations to it - is that
sufficient to prevent any action
against me?
I see quite a few online versions of
board games that are clearly
clones, and without permission from
the board game manufacturers. I
wonder how they get around it, or
do they just wait and see if the
patent owner ever tries taking any
action against them, and deal with
it at that point?
Thanks
2 Answers from Attorneys
Re: Online board game legal issues
You may not without license use the trademark of another company in making an online version of a board game. Also, various aspects of the game may be covered by other intellectual property protections.
Re: Online board game legal issues
YES, SOMETHING PREVENTS YOU FROM MAKING ON-LINE VERSIONS OF BOARD GAMES. That "something" is intellectual property rights and damages for infringement of those rights.
If you want to "toe the line", you should hire an attorney for a couple of very important reasons:
1. Attorney-client privilege: your intentions, thoughts, strategies, are then secret between you and your attorney.
2. Only your attorney who will know all the specific details of what you propose to do can give you advice on what may be "sufficient to prevent any action against" you or "how [to] get around it".
The "wait and see" approach is very ill-advised. Large companies have in-house legal departments-with teams of intellectual property attorneys-who have nothing else to do except sue you (believe me, I know - look at my profile for what I do).
Sarah
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