Will I be sued for making an online video game?
I have been working on a video game and I am thinking about selling through a sole proprietorship internet company. The game that I have been developing is my own, but it is similar in concept and feel to a game by a major developer. There is a huge difference though because that game was developed for a gaming console whereas mine is being developed for and will be hosted over the internet. Will I be sued for infringement? Does the fact that my game is being developed on a completely different platform mean it is different enough? Thanks.
Answered By: Nelson & Lawless
Asking me if someone else will sue you is speculative. The answer is that if they think you are infringing, they will take action by cease and desist letter or lawsuit. You will know it when it happens. If it does, feel free to contact me for the legal and litigation help you will need. You
should discuss all this with the company you propose selling to.
In the meantime, if you want to get an official opinion about the potential infringement, you should consult with experienced Intellectual Property counsel. You should have already done so to protect your interest in the property through copyright, trademark, tradename, etc. If you do not protect it, you have nothing of value to sell.
Answer Applies to: California
Replied: 8/16/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
should discuss all this with the company you propose selling to.
In the meantime, if you want to get an official opinion about the potential infringement, you should consult with experienced Intellectual Property counsel. You should have already done so to protect your interest in the property through copyright, trademark, tradename, etc. If you do not protect it, you have nothing of value to sell.
Answer Applies to: California
Replied: 8/16/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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