Comments on: I would be confused… http://seanandmelissa.net/sean/2008/10/05/i-would-be-confused/ amusing myself... Fri, 30 Jul 2010 16:37:30 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Sean http://seanandmelissa.net/sean/2008/10/05/i-would-be-confused/comment-page-1/#comment-171626 Sean Sun, 05 Oct 2008 15:09:39 +0000 http://seanandmelissa.net/sean/2008/10/05/i-would-be-confused/#comment-171626 Certainly yes. My comments on the game differentiation where meant to be a personal opinion of what I would buy. I tried to keep my loyalty to Battleground separated. I would love to see this genre continue to develop, IMHO the use of cards for these types of games could be developed more than just a close copy like we have here. As for the IP, it really is the cards that cause the issue for me. I have seen enough examples on both sides of a trademark issue to realize that it would be difficult to make any claim in a court. The smallest changes will be argued as enough difference to reduce confusion. I still believe that a player could likely buy cards for one game, thinking they were for the other, and if that happens to a single player that is bad for both games. Certainly yes. My comments on the game differentiation where meant to be a personal opinion of what I would buy. I tried to keep my loyalty to Battleground separated.

I would love to see this genre continue to develop, IMHO the use of cards for these types of games could be developed more than just a close copy like we have here.

As for the IP, it really is the cards that cause the issue for me. I have seen enough examples on both sides of a trademark issue to realize that it would be difficult to make any claim in a court. The smallest changes will be argued as enough difference to reduce confusion. I still believe that a player could likely buy cards for one game, thinking they were for the other, and if that happens to a single player that is bad for both games.

]]> By: Yehuda Berlinger http://seanandmelissa.net/sean/2008/10/05/i-would-be-confused/comment-page-1/#comment-171625 Yehuda Berlinger Sun, 05 Oct 2008 14:38:47 +0000 http://seanandmelissa.net/sean/2008/10/05/i-would-be-confused/#comment-171625 I don't know either game, and I'm not a lawyer, but there are three forms of IP: - Copyright protects the words and pictures. If the game has a different name and pictures, and the rules were rewritten, no problem. - Trademark protects the names, distinctive phrases, colors, and patterns, and so on. The general rule is that if an idiot in a hurry wouldn't confuse the two, and it's not deliberately trying to confuse the two, then no problem. - Patents protect processes and mechanisms. It's expensive and takes a few years, but you could protect specific non-obvious game designs and play with a patent, although most people (other than casinos) don't bother. And it's hard to win a patent victory. More importantly, none of these cover user loyatly and brand trust, which is given or taken away by people, such as yourselves, who don't like game designers copying others too closely. That's up to you to decide. Yehuda I don’t know either game, and I’m not a lawyer, but there are three forms of IP:

- Copyright protects the words and pictures. If the game has a different name and pictures, and the rules were rewritten, no problem.

- Trademark protects the names, distinctive phrases, colors, and patterns, and so on. The general rule is that if an idiot in a hurry wouldn’t confuse the two, and it’s not deliberately trying to confuse the two, then no problem.

- Patents protect processes and mechanisms. It’s expensive and takes a few years, but you could protect specific non-obvious game designs and play with a patent, although most people (other than casinos) don’t bother. And it’s hard to win a patent victory.

More importantly, none of these cover user loyatly and brand trust, which is given or taken away by people, such as yourselves, who don’t like game designers copying others too closely. That’s up to you to decide.

Yehuda

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