IP PROTECTION FOR GAMES

Copyright registration does not protect the concept of a game. It does protect its literary and pictorial expression, however, namely the appearance of the game, the board, cards, etc and the content of any instructions or published material packaged with the game against someone creating substantially similar materials. This assumes the registration refers to these materials.

However, the name of the game or any slogans used on the game box to identify the game and distinguish it from other games in the marketplace, e.g., “EQUIVOCATE,” would be the subject of trademark protection for a party game. Trademark rights are based on first use in the U.S. but registration is prima facie evidence of the validity of that registered mark, the registrant’s ownership of that mark, and of her exclusive right to use that mark in the U.S.

Game concepts can be protected by a patent.  For example, see U.S. Patent #5,112,048 for a “Garage Roof Party Game.”

Before anyone shows an invention or product concept, which your game design is, to a potential manufacturer/designer, that manufacturer/designer should sign a confidentiality/non-disclosure agreement providing that if that manufacturer/designer steals that invention or product that it/he will have broken that contract. therefore
giving the right to sue for breach of that agreement to the creator.

About ERIC WACHSPRESS

The material on this website is for informational purposes only. It should not be considered legal advice and is not intended to create an attorney-client relationship. If you have questions regarding any material presented herein, we recommend that you consult an attorney. This web site and information presented herein were designed in accordance with Illinois law. Any content in conflict with the laws or ethical code of attorney conduct of any other jurisdiction is unintentional and void. I am a Chicago attorney practicing in the areas of trademark, copyright and information technology law as well as general corporate law. Formerly a trademark examining attorney with the United States Patent and Trademark Office, I have been in private practice since 1987 representing clients in a wide variety of industries, including the consumer products, financial services, information technology and entertainment industries. You can contact me at markscounsel@gmail.com, by phone at 773.934.5855 or by mail at 417 S. Jefferson St., #304, Chicago, IL 60607 USA
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