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3 Answers | Asked in Gaming, Trademark and Intellectual Property for Florida on
Q: How would I trademark my Game?

I have a game that I will be publishing soon but I don't want anyone else to take the name, how would I submit a trademark for my game name?

Felicia Altman
Felicia Altman
answered on Jun 8, 2023

You can You can file a trademark application with the USPTO. It is best to first work with a trademark attorney or filing service for them to walk you through the process and to conduct a search to ensure no other names in the same class of services exist already. The type of game will determine... View More

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1 Answer | Asked in Business Formation, Business Law and Gaming for Minnesota on
Q: I'm beginning the process of making a game on my own to be released digitally. I'm in Minnesota. Do I need a business?

I have concerns over what degree of personal ownership I would have over a company and if it would effect how flexible i can be, I don't know how taxes would work if I successfully sold the product as myself vs a business. I am also concerned there could be liability risk without one, being... View More

Robert Kane
Robert Kane
answered on May 22, 2023

Properly forming and maintaining a business entity has great advantages. Protecting your personal assets is one. It's hard to determine your current situation. Is this a solo endeavor or are others involved? Will funding from other sources be needed to market the game? What exactly do you mean... View More

1 Answer | Asked in Copyright, Gaming and Patents (Intellectual Property) on
Q: Hi, can I make a game with different no. of cards, figures, name that is similar to Spot it or Dobble?

Hi, I'm planning to develop a new named game with 60 no. of cards and different features of figures and images that are similar to how the 'Dobble' or 'Spot It' game is played and planning to distribute as an educational toy within my village in Sri Lanka, am I legally... View More

James L. Arrasmith
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answered on Jun 18, 2023

If your game has similar features and gameplay mechanics to Spot It or Dobble, it is possible that you may be infringing on the patents of those games. Both Spot It and Dobble are protected by patents in various countries, including the United States and Europe.

To determine whether your...
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1 Answer | Asked in Copyright, Gaming and Intellectual Property on
Q: Query on a legal FAQ point regarding fan works

I have been trying to contact Blizzard Entertainment for almost a year to query a point of their legal FAQ page. In short, I wish to create fan writing using characters from their IP. This would be in blog format, non monetised, with disclaimers to state I am not endorsed by or affiliated with... View More

Robert Nichols
Robert Nichols
answered on May 24, 2023

Copyright infringement doesn't technically require that an infringing work of art is published for profit, just that it is published. The concept of fair use sometimes applies when a character has only been portrayed in one medium and the fan art portrays the character in another medium. But... View More

1 Answer | Asked in Gaming for New Jersey on
Q: If I owe ezpass and it is in collections will this be a reason why I do not get a Casino License? Can I be arrested?

$2,000 for tolls

$10,000 for fees

Leonard R. Boyer
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answered on May 2, 2023

You are going to need a PA bankruptcy attorney to file for Bankruptcy if you are qualified to do so. Your chances of getting a casino license seem to be highly unlikely. How are you going to get the capital for a casino, if you cannot even pay off these EZ Pass fines and penalties?

1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: Could i sue Mobile Strike if they banned me without explanation of what terms i broken and i spent $20k on their game.
James L. Arrasmith
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answered on Apr 25, 2023

It may be possible to pursue legal action against Mobile Strike if they banned you without explanation of what terms you broke and you spent $20k on their game. However, the success of such a lawsuit would depend on several factors, including the terms of service that you agreed to when signing up... View More

1 Answer | Asked in Entertainment / Sports, Gaming, Intellectual Property and Trademark for Idaho on
Q: I am planning on releasing a tabletop rpg "Raid Master," but a game called Rolemaster already exists. Too close?

My game is nothing like Rolemaster, different system, different theme (Indiana jones inspired while role is fantasy). However I plan on releasing other games with the "-Master" suffix such as "Myth Master," but the publisher also had a "Space Master" at one time and is... View More

James L. Arrasmith
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answered on May 2, 2023

It's difficult to determine whether there is potential for a lawsuit without more information. Generally, the key question in cases involving trademarks is whether there is a likelihood of confusion between the marks. This analysis involves considering a number of factors, such as the... View More

2 Answers | Asked in Copyright and Gaming for California on
Q: I'm an underage game developer on Roblox. I didn't get fully paid. Is the content I made still legally mine?

I was told I would be paid a commission fee and a percentage of revenue. I only received the commission and was told I would not get my percentage. The exact role I had was the lead animator. I took the animations from one program and edited them before importing them into the game engine. In... View More

James L. Arrasmith
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answered on Apr 16, 2023

As the creator of the animations, you are likely the owner of the copyright in those animations, regardless of whether they were created using another program or were edited from existing animations. However, the exact terms of your agreement with the game developer may affect your rights in the... View More

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1 Answer | Asked in Gaming and Consumer Law for California on
Q: I’m at Harrahs casino in Southern California and I was misled by a false offer of FreePlay, and reimbursement for travel

When I tried to redeem it, they refused to give it to me. I have pictures on my phone that shows I was offered. That was the only reason why I decided to come I believe it was deceitful, and it was a ploy just to get me into the casino to spend my money, isn’t that illegal? And can I sue?

James L. Arrasmith
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answered on Apr 14, 2023

It is possible to pursue legal action against the casino if they misled you with a false offer of FreePlay and reimbursement for travel. If you have evidence in the form of pictures on your phone, that could strengthen your case. It is important to consult with a lawyer who specializes in consumer... View More

2 Answers | Asked in Copyright, Gaming, Internet Law, Intellectual Property and Trademark on
Q: Is it allowed to take federal symbols (DoJ, FBI..) and to display them in monetized documents, streams and/or games?

Users create and share fictional legal documents with federal symbols and names or even use such symbols in forged documents on their stream and games. It's done frequently (i.e. by role playing communities) and for realism reasons no notice is given about it being fictional.

As this... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 10, 2023

Generally, you are not allowed to use intellectual property (copyright, trademark, etc.) that belongs to someone else, including the government, without permission. There are some exceptions to the general rule, but they really only apply to a few pretty specific circumstances. Any time that you... View More

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1 Answer | Asked in Gaming, Copyright and Intellectual Property for California on
Q: can you sale a custom card of a card game like pokemon

the custom is done on a real card with custom art on front

James L. Arrasmith
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answered on Apr 9, 2023

No, it is not legal to sell custom cards of a copyrighted card game like Pokemon without permission from the copyright holder. The custom art on the front of the card would likely be considered a derivative work, which is protected by the same copyright as the original game.

Selling such...
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1 Answer | Asked in Gaming, Criminal Law and Employment Law for California on
Q: Hello I’m not sure if you’ll be able to answer my question but I work in a casino(dealer)and my AirPods were dropped out

… of my pocket while I was dealing(3/6/23)and they were picked up by a supervisor and he gave them to a security guard to be put in lost in found. The next day I go to lost in found and they said they have no log for any AirPods being turned in and to check back in a couple days. So I come back... View More

James L. Arrasmith
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answered on Mar 22, 2023

If you believe that your AirPods were stolen by a supervisor or anyone else who had access to them, you may want to report the incident to the casino's security department and/or to the police. They may be able to investigate the matter and potentially identify the person responsible.... View More

1 Answer | Asked in Gaming, International Law, Internet Law and Social Security on
Q: I have un case with sweatcoin apps can you advice or help me what the step I have to do? I win 27 time they didnt tellme

I won tesla 3 and iphne 14 and more 25 prizes

i record everything

I uplaod everything to my google drive if you wish to chick all screenshoot and recording video i'll share the kink

my english not very good

James L. Arrasmith
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answered on Mar 4, 2023

I recommend seeking the help of a licensed attorney in your jurisdiction who can review your case and provide guidance on the appropriate steps to take. You can contact your local bar association for a referral to an attorney who can assist you with your case.

1 Answer | Asked in Copyright, Criminal Law, Personal Injury and Gaming for Ohio on
Q: How does it effect the non custodial parent if the mother and child now adult are in a troubled situation living with a
James L. Arrasmith
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answered on Mar 29, 2023

This is not a copyright question. Direct this towards family law.

1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: If I make a Car Quiz mobile game will I get in trouble? I don't have any permission from any brand, but isn't a racegame

Also I would like to put the cars in Cards, and Packs where you can find them, so It became also a card collecting game

James L. Arrasmith
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answered on Feb 20, 2023

If you create a mobile game that uses images or trademarks of car brands without permission, you may be infringing on the intellectual property rights of those brands. This can potentially result in legal action being taken against you.

To avoid potential legal issues, it is recommended...
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1 Answer | Asked in Gaming, Copyright, Trademark and Intellectual Property on
Q: Can I make a comic using screenshots from a video game to tell a story?

I have an idea of using a game to create a comic but I'm not sure if it is legal. I know people make youtube videos using the same method of screen capturing the animations and putting them together to make a show/movie. Most youtubers monetize this content as well. I'm wondering if... View More

James L. Arrasmith
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answered on Feb 25, 2023

Using screenshots from a video game to create a comic may be considered a derivative work, which typically requires permission from the copyright owner. Without permission, using screenshots from a video game to create a comic could potentially be a copyright infringement.

However, there...
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2 Answers | Asked in Entertainment / Sports and Gaming for California on
Q: I got an offer to play a game for money if I reached the goal in 21 days. They have paid me before for other game offers

This time it’s the run around for like 3-4 weeks they said it would be resolved in 10 days. Now they have stop replying to my emails. I was really depending on that money, now it’s costing me money I don’t have.

Louis George Fazzi
Louis George Fazzi
answered on Feb 5, 2023

You can contact the Labor Commissioner's office by going to their website (https://www.dir.ca.gov/dlse/). Once you get to the main page, click the link for labor law and then click the link for Wages, where you will find out how to file your wage claim. If they can help with your situation,... View More

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1 Answer | Asked in Contracts, Gaming, Small Claims and Tax Law for Colorado on
Q: My senior class organized a game where everyone buys in and receives a cash prize. Is this legal?

My senior class organized a game where everyone bought into the game and the winner receives a cash prize. It is organized by students, not affiliated with the school. Every player signed an agreement that they accepted the rules. Students are being kicked out of the game, despite not violating any... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 3, 2023

Contact the Colorado Attorney General to file a consumer protection complaint.

https://coag.gov/office-sections/consumer-protection/

This may also be considered theft and/or fraud. Filing a police report may be appropriate.

You would also have a civil action for breach of...
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2 Answers | Asked in Gaming and Internet Law for California on
Q: Can I sue a internet company not keeping up to a writtten deal about paying me money for playing a video game?

This company said if I get to level mansion 21 in 21 days they will pay me $34.60 and they didn’t then they said email us screenshots of level 21 mansion and it will be resolved in 10 days and it’s been 14-15 and I emailed them with it again and they said to do something else now to resolve I... View More

James L. Arrasmith
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answered on Feb 20, 2023

Yes, you may be able to sue the internet company for breach of contract if they failed to pay you as agreed. To have a valid contract, there must be an offer, acceptance, and consideration (which is the thing of value being exchanged). If the company made an offer to pay you $34.60 for reaching... View More

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1 Answer | Asked in Criminal Law, Tax Law and Gaming for California on
Q: Is it legal to form an LLC in California where its' profits come from sports bets made by statistical analysts?

Nothing is in motion, however I am currently a data analyst for a company and through that role I have thought of a way to structure how to make money off of sports bets. I know what to look for and can create spreadsheets that track historical data of players and teams where I can create a report... View More

James L. Arrasmith
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answered on Feb 20, 2023

It is legal to form an LLC in California for a business that generates profits from sports bets made by statistical analysts, provided that the business complies with applicable laws and regulations related to sports betting and gambling. The California Gambling Control Act regulates certain forms... View More

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