What is the legality of making a mobile app version of an existing card or board game? [closed]

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I see that the market is full of mobile apps based on card/board games. For example, do a search for "Taboo" and there are many results which are not published by Hasbro Inc. Is this legal?

The top "Taboo" result says in the description that they are not associated with Hasbro--does this absolve them of infringement issues?

I can think of a few games that I could make mobile versions of that could be successful, but I'm wary of publishing (and monetizing) a game based on another, especially if it has the same name.

Note: I noticed this useful thread, which hints that it is legal to create such games, but that the original owner may fight to have similar games removed and might win. If I develop such a game and have to pull it down, would I be able to resubmit it after making some changes?

Answer 1

There are several different things protecting board games - not all of them may be in place.

First, there's the copyright on the artwork of the game and the wording of the rules. Copyright is automatic - this is always protected.

Next, there is the trade mark on the name of the game. These are registered and will typically be done for all professionally made board and card games. The nature of the trademark requires companies to enforce it, lest they become the next xerox or kleenex (note the lower case use of those words).

Lastly, there's the patent. Patents cover the gameplay itself. For example, Khet is protected by patent 7,264,242 and won $1.6M in damages when a big name toy company violated the patent.

Lots of games aren't patented. It is something to look at and check into to make sure the game isn't patented first.

You may also find old patents of games (such as 726,023 from 1903 known as Blue and Gray) where the patent has long since expired and reimplement it without worry of patent violations. Note that there are lots of games that have been patented but never produced and just trawling around the patent archives and looking at who cites what you may find an existing game that has had its patent expired which you could then reimplement.

Further reading: MythBusting: Game Design and Copyright, Trademarks, and Patents (US Law) at Board Game Geek.