Legal Question in Intellectual Property in Connecticut

Use of existing products in the theme of a website

I am designing a website for my company. We are a graphic design, photography, and web design company. We want to use a ''classic board games theme'' in the design. Basically we want to take pictures of the little pieces and use them in the website, and we also would like to create our own graphics centered around the different games. We do not intend to use the actual NAMES of the games, nor do we intend to use their board graphics - we will make our own that look like them.

What are the legalities of this? Is there any type of copyright infringement? I know that there will not be a trademark issue because we are not in the same trade, but copyright on the pieces and concepts based on the game's graphics have me concerned.

Thanks in advance


Asked on 7/19/09, 2:09 am

2 Answers from Attorneys

Max Rosenberg Rosenberg,Whewell, & Hite, LLC

Re: Use of existing products in the theme of a website

This is a very interesting question. Depending on the year of origination of the games you will be "inspired by" and the type of game piece you may fall under a "fair use" exception of the law which would allow you to use certain identifiers. There are several other exceptions that may work for your website as well. Without knowing more details it is difficult to formulate a fair response to your question. Please feel free to contact me for a further discussion on this matter.

Read more
Answered on 7/21/09, 6:01 pm
Sarah Grosse Sarah Grosse, Esquire

Re: Use of existing products in the theme of a website

You could run into significant problems here. It does depend on the game - for example, a checker board is probably in the public domain but a monopoly board is not. I understand you want to make your graphics look LIKE (but not same as) the well known games. In doing so, you will be copying some elements of the originals (otherwise, they wouldn't resemble the well known counterparts). Exactly what elements you will use are of key importance. You see that there may be a copyright violation, but depending on what you intend to do, issues of trademark, tradedress, and design patents may come into play (ha, pun intended). Also, it is not necessarily dispositive that there will not be a trademark issue because you are not in the same trade - likelihood of confusion of affiliation or endorcement is the standard.

In sum, an attorney would need to sit down with you, actually see what you propose, research the various rights involved, and render a legal opinion on the risks and recommended actions.

Best of luck.

Read more
Answered on 7/21/09, 7:18 pm


Related Questions & Answers

More Intellectual Property questions and answers in Connecticut