Boone, NC asked in Gaming and Copyright for North Carolina

Q: What legal issues are there to cloning a game and "reskinning" it, akin to how monopoly clones exist everywhere?

DaVINCI EDITRICE S.R.L., VS. ZIKO GAMES, LLC, et al., in CIVIL ACTION NO. H-13-3415 cited a card game's mechanics aren't protected, I'm looking - quite literally - to copy a card game (as the defendant in the cited case) that is no longer in production by reskinning the game and removing protected theme elements (the original game is based on a copyrighted world, ergo, make my own fictional world and use that as the themed elements). Both companies involved in the original game are still around, and doing well. Would a judge consider the citing of this case as a worthy defense (i.e. they have to prove something more than I cloned it) - or - is this just going to drain money away until one party gives up?

Related Topics:
2 Lawyer Answers
Enrico Schaefer
Enrico Schaefer
Answered
  • Intellectual Property Lawyer
  • Traverse City, MI

A: Games can be copyrighted as can the rules. So skinning a game can cause a variety of legal issues. I would have an attorney do a detailed analysis. One fact can change the result.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: I think this is a very risky proposition.

The general mechanics can be re-used, specific rules and procedures maybe protected.

Have a consultation and evaluate all your risks

www.legalbizglobal.com

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.