Game of Rights: Protecting Your Board and Card Games from Copycats

Quick Overview
Creating a board or card game is no small task—it’s a labor of love filled with creativity and strategic thinking. But protecting your game from being copied is just as critical as designing it. This article dives into how patents, trademarks, and copyrights can shield your game from copycats and preserve your hard work.

Common Questions & Answers

1. Can I patent the mechanics of my game?
   Yes, if the mechanics are innovative and non-obvious, you may qualify for a utility patent. However, standard game rules often don’t meet these criteria.

2. What does copyright protect in a board game?
   Copyright covers creative aspects like artwork, written content, and character designs. It does not protect game rules or mechanics.

3. Why should I trademark my game’s name?
   Trademarks protect your brand identity, including your game’s name, logo, and tagline, helping prevent others from using similar identifiers.

4. Is registering copyrights necessary?
   While copyrights are automatic, registering them offers a stronger legal standing and establishes a formal creation date.

5. What’s the cost of protecting a game?
   Costs vary: patents are typically the most expensive, while trademarks and copyrights can be more affordable. Legal advice helps ensure cost-effective protection.

Step-by-Step Guide

1. Identify Your Game’s Unique Features
   Pinpoint what makes your game special, whether it’s a unique mechanic, visual design, or branding element.

2. Explore Patent Options
   For mechanical or process innovations, apply for a utility patent. If your game’s appearance is distinctive, consider a design patent.

3. Register Your Copyrights
   Protect your game’s creative elements like illustrations, manuals, and storylines by registering copyrights.

4. File for a Trademark
   Lock down your game’s name, logo, or tagline with a trademark. This ensures your brand identity remains exclusive.

5. Enforce Your Rights
   Monitor for potential infringements and be prepared to take legal action to defend your intellectual property.

Historical Context
Intellectual property protection traces back centuries, evolving with creative industries. For instance, early copyright laws protected literature, while patents supported the rise of inventions during the Industrial Revolution. In gaming, iconic titles like Monopoly and Scrabble relied on trademarks and copyrights to fend off imitators, setting precedents for today’s creators.

Business Competition Examples

1. Exploding Kittens: This wildly popular card game relies on trademarks for its brand name and copyrights for its quirky artwork.
2. Clue (Hasbro): Trademarks protect Clue’s iconic branding, while copyrights secure its artistic and textual content.
3. Ticket to Ride (Days of Wonder): The visual design of the board and cards is safeguarded under copyright, while the brand is protected with trademarks.

Discussion
Protecting your game requires a multifaceted approach. Patents are ideal for innovations, but they’re rarely applicable for standard board games. Copyrights and trademarks are more common, offering protection for creative and branding elements. Game creators must weigh costs and benefits to determine which protections best fit their needs, balancing creativity with legal security.

The Debate

1. Pro-Protection: Robust IP laws empower creators, ensuring their hard work isn't stolen or diluted by imitators.
2. Over-Protected?: Critics argue excessive IP barriers stifle creativity and the natural evolution of ideas in the gaming world.

Takeaways

• Patents protect novel mechanics or designs.
• Copyrights safeguard creative content like artwork and manuals.
• Trademarks defend your game’s name and logo.
• Timely registration enhances protection.
• An IP attorney can streamline your strategy.

Potential Business Hazards

1. Collaboration Conflicts: Co-creators should clarify ownership to prevent future disputes.
2. Missed Deadlines: Failing to apply for protection early can expose your game to risks.
3. Insufficient Monitoring: Neglecting enforcement can weaken your IP rights.

Myths and Misconceptions

1. “Copyright protects game mechanics.” Game rules are not protected under copyright; patents are needed for innovative mechanics.
2. “Automatic protection is enough.” While copyright is automatic, registration adds a critical layer of security.
3. “Trademarks cover everything.” Trademarks only protect branding, not the game itself.

Book & Podcast Recommendations

1. “Game On: Intellectual Property Law in the Gaming Industry” by Steven J. Frankel: A must-read for understanding the legal landscape of gaming IP.
2. “Building a Brand That Sticks” by Debbie Millman: Ideal for creators looking to trademark and market their games effectively.
3. “Innovation Conversations” (Podcast): Focuses on patents and the creative process, with gaming industry insights.

Legal Cases

1. Da Vinci Editrice S.R.L. v. ZiKo Games, LLC (2014)
   Summary: The Italian publisher Da Vinci Editrice, known for the card game "Bang!", filed a lawsuit against ZiKo Games, alleging that ZiKo's game "Legends of the Three Kingdoms" was a direct clone of "Bang!". The court ruled in favor of ZiKo Games, stating that game mechanics are not protected under U.S. copyright law, emphasizing that copyright protects the expression of ideas, not the ideas themselves.

   Relevance: This case highlights the limitations of copyright protection for game designers, underscoring the importance of understanding what aspects of a game can be legally safeguarded.

    

2. Fred L. Worth v. Selchow & Righter Co. (1984)
   Summary: Fred L. Worth, author of "The Trivia Encyclopedia," sued the makers of "Trivial Pursuit," claiming they had copied questions from his book, including deliberate errors he had inserted. The court ruled against Worth, stating that facts are not protected by copyright, and thus their use did not constitute infringement.

   Relevance: This case illustrates that while creative expressions are protected, factual information, even if compiled uniquely, may not be, impacting how game content is sourced and protected.

    

3. David Wall v. Horn Abbot Ltd. (1994)
   Summary: David Wall claimed that he had shared the concept of a trivia game with Chris Haney, one of the creators of "Trivial Pursuit," and that his ideas were used without compensation. After extensive legal proceedings, the Nova Scotia Supreme Court ruled against Wall, citing insufficient evidence.

   Relevance: This case underscores the necessity of formal agreements and documentation when sharing game ideas to ensure legal protection and recognition.

    

4. TSR, Inc. v. Wizards of the Coast (2022)
   Summary: Wizards of the Coast sued TSR Games to prevent them from publishing games under the "Star Frontiers" and "TSR" trademarks, arguing that TSR's new content was harmful to their reputation. The court denied the preliminary injunction, noting that Wizards had not shown sufficient evidence of continuous use of the TSR brand.

   Relevance: This case highlights the complexities of trademark law, especially concerning brand revival and the importance of maintaining active use of trademarks to uphold legal rights.

Share Your Expertise
Have a game you want to protect? Connect with Miller IP Law to learn more about IP strategies tailored to your needs.

Wrap Up
Your board or card game is a product of your creativity and passion—don’t leave it unprotected. By leveraging patents, copyrights, and trademarks, you can secure your game and ensure it thrives in the marketplace. Protect your masterpiece today!