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TV Style Game Software
Posted by Anonymous . updated on 2/26/2009
Hello. ?I am new to the forums, and have a few questions about American Trademark Law.
We are currently persuing the development of various software games that emulate various TV game shows. ?Each game, though in the likeness of the TV show, will be developed to have many twists and turns that make it truly unique. ?The name of the games are unique so as to not infringe on the actual name of the TV game. ?In our advertising and web site we would like to say "In the style of Who Wants to be a Millionaire" or "Jeopardy-Like" or "Family Feud-Simulation". ? Is it permissible to use the name of the TV show when it is in the "style of" or "likeness of" the actual name of the TV program? ?Each game would also interface with various hardware components as handringers and external score keeping devices (scoreboards).
Also, is plurality of a trademarked name permissible with assigning a name to the game. ?Such as if a TV program was named "Press Your Luck", and a software game was developed, and sold commercially as "Press Your Lucks", would there be any infringement? ?Or, if the game was called something like "Serious Luck" which only uses a single word of the trademarked phrase with the inclusion of another word like "Serious", when it is a computer game in the style of "Press Your Luck".
Thank you in advance for your response!
Jarod
Answers (2)
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JSonnab...
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Generally speaking, it is permissible in advertising to reference other products and services by their trademarks. That's call "nominative use". Thus, as a general proposition, it's ok to say something like "if you like Giorgio, you'll love our perfume".
As for the variations of trademarks you've mentioned, it all boils-down to confusion. If two marks are so similar (including consideration of the goods/services each covers) that consumers are likely to be confused between them, then one infringes the other.
- Jeff
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Jarod
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Thank you kindly for your response! It is just what we needed to proceed properly and legally.
Take care!
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