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Florida Gaming Questions & Answers
1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Trademark and Intellectual Property for Florida on
Q: can I use an unrecognizable video game character to hit a block similar to Mario Bros?

On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?

James L. Arrasmith
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answered on Feb 1, 2024

Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More

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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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?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 8, 2023

First, before you commit to using a specific text and/or design as the trademark, you should consult an experienced trademark attorney to perform a search and opinion that the proposed mark is not confusingly similar to any other mark in use (whether registered or not) and is sufficiently... View More

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1 Answer | Asked in Gaming for Florida on
Q: Are local gambling facilities in lake county (clermont city) FL, legal?

Are cash machines and or game rooms legal in lake county Florida

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 11, 2021

You should ask the county.

1 Answer | Asked in Gaming for Florida on
Q: FLORIDA: What is the limit for a prize I can give for winning a music bingo game?

I play music bingo for a bar and we give token prizes to winners. We advertise that this is a NON-GAMBLING event. It is, but I would like to give better prizes. Is there a limit to the value of a prize for a non-gambline event such as mine?

Michael  Mayoral
Michael Mayoral
answered on Nov 2, 2021

Review the relevant Florida Statute 849.0931 -

"(5)Except for instant bingo prizes, which are limited to the amounts displayed on the ticket or on the game flare, a jackpot shall not exceed the value of $250 in actual money or its equivalent, and there shall be no more than three...
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2 Answers | Asked in Gaming and Trademark for Florida on
Q: If i make a video game and a corporation has trademark on the name for a board game. How does it work will i thus be TM?

Games name we want to be rebound. But, mattel has a trademark on the word Rebound. What legal action could they take against us we named it such. Or are we safe todo so and name it as we please?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 2, 2021

No, you are not safe

You need to consult with an attorney to understand your risks

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1 Answer | Asked in Criminal Law and Gaming for Florida on
Q: Can I be charged in Florida for taking my money back in a poker hand that I lost

I was in the hard rock casino Tampa Florida playing poker I have $1900 in front of me I lost the pot my understanding the pot was $900 the dealer made a mistake and flipped all the carts over try to cover his self by saying it was all in bed I got upset because he was lying and took my thousand... View More

Henry George Ferro
Henry George Ferro
answered on Jul 18, 2021

You may be charged, the real question is whether they can convict based on the evidence.

1 Answer | Asked in Business Formation, Contracts and Gaming for Florida on
Q: I need legal advice on hiring, starting an LLC, and creating legally binding contracts for a game development studio.

Hello. I am a game developer looking in to publishing my first big indie game. I have about 9 people working for me in the realm of composing music, creating art, and coding the actual game. Once we publish the game we are going to split the profit. We also want to stat a kickstarter.

Now,... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 9, 2020

Forming the legal entity itself is not expensive but there are many other matters to be taken care of, not only the agreements between the parties involved in the development process, but also copyrights and more. There are attorneys that specialize in this type of start up and can easily provide... View More

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Gaming for Florida on
Q: Can I sue a scam app???

If an app advertises winning real money, and they really don’t pay out to anybody, would that be a good reason to sue for false advertising. Especially if someone spent money on in game purchases and got nothing out of it?

Jonathan E. May
Jonathan E. May
answered on May 28, 2020

It appears very likely that they were committing fraud and you were damaged by that fraud. I encourage you to sue them and report them to police authorities.

2 Answers | Asked in Gaming and Trademark for Florida on
Q: My company makes games for its benefit. Others buy/download our games. Would we use a trade or servicemark for our brand

Unsure if I should use Class 09 or Class 42 for my company's brand name. Is making the video games I want to make, but then selling and/or offering them to be played by others considered a service for others?

Evelyn Suero
Evelyn Suero
answered on Apr 7, 2020

The answer to your question depends on the specifics of your business. However generally speaking, a trademark symbol is used to identify the source of 'products/goods' that you are selling; and a service mark is used to identify the source of a 'service'. For example, when a... View More

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1 Answer | Asked in Business Formation, Business Law, Entertainment / Sports and Gaming for Florida on
Q: Good Morning, What type of required licenses are required for starting an online business that may come under gambling?

I am orginally from the UK and had this business idea for over two years now I see alot of people online doing this method illegally (well in the UK you need a license to do this). I want to start a business to host these methods legally the business may come under gambling as it would be a hosting... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 30, 2019

Free practical advice offered for the last 41 years to people starting or operating small businesses: Look out.

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small...
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2 Answers | Asked in Business Law, Contracts and Gaming for Florida on
Q: Hello. I would like to know if a video games Early Access statement can be considered a contract?

Their Statement on the games store page(https://store.steampowered.com/app/461430/EmergeNYC/) read as such:

"You are solely purchasing the right to access the latest development build (and additional features based on your level)." (full statement viewable at the link. Too big to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 1, 2018

It appears to be a contract, but there may be portions of the full statement which you didn't quote (I followed the link but I don't see the language you quoted) which excludes liability. If the game is in beta and you are only buying the current build, it would indeed seem to be a poor... View More

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1 Answer | Asked in Business Law, Gaming, Intellectual Property and Libel & Slander for Florida on
Q: Will I be able to use the likeness of presidents and celebrities for an app as characters. I would not use their names.

actually, for the presidents I would use their names. I would use nicknames for the celebrities.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 8, 2017

You should repost this question under the heading of intellectual property and copyright law. That will likely get you better answers from attorneys that deal with intellectual property rights.

1 Answer | Asked in Gaming for Florida on
Q: Can I run a video game tournament in Florida with prizes. What prizes can I offer, and can I charge a tournament fee?

I fear it may interfere with Florida gambling laws.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 2, 2015

You need to hire an attorney who has done all the paperwork associated with doing this sort of thing.

1 Answer | Asked in Gaming for Florida on
Q: I have treasure chest poker at my bar/restaurant in Clearwater Fl. An ABT investigator came said I am violation of 489.
Robert Jason De Groot
Robert Jason De Groot
answered on Apr 15, 2015

So hire an attorney to advise you about this.

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