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


Asked on 6/18/09, 10:47 am

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

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.

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Answered on 6/18/09, 10:49 am
Sarah Grosse Sarah Grosse, Esquire

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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Answered on 6/18/09, 11:02 am


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