Chicago, IL asked in Copyright, Intellectual Property and Trademark for Illinois

Q: Thanks for the opportunity to ask a quick question. I take note that Cannei has a trademark on the game SET. If I only

incorporated their play mechanics but none of their artwork, would that be allowed under trademark, copyright and patent law? Thanks.

1 Lawyer Answer

John Martin Hilla

Answered
  • Trademarks Lawyer
  • Farmington Hills, MI

A: This is a patent question. From the trademark standpoint, the mechanics of a game, or software coding, etc., is not a subject-matter of trademark law or with which trademark registration with the US Patent and Trademark Office is concerned. Trademark protection is extended to the word mark (name, tag-line) or graphic (logo) that informs consumers of the source and quality of a product or service. It protects consumers from confusion as to those things.

I am not a patent law practitioner, but you would be well-advised to seek the opinion of one before proceeding with this course of action.

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