Expert: Shannon Moore - 9/4/2007

Question
I think I have a card game that the casinos would love. Do I get a copyright or how do I protect myself. Thanks.

Answer
Dear Ralph,

Here's what the US Copyright Office has to say about games:

"Games

The idea for a game is not protected by copyright. The name or title given to the game and the methods for playing it are not protected by copyright.

Some parts of a game may be subject to copyright if they contain a sufficient amount of literary or pictorial expression. For example, you may be able to register the text describing the rules of the game or the graphic art appearing on the gameboard or container.

Form TX can be used to register all copyrightable parts of the game, including any pictorial elements. When the copyrightable elements of the game consist predominantly of pictorial matter, Form VA should be used."

http://www.copyright.gov/register/visual.html -- Visual Arts Registration
http://www.copyright.gov/register/literary.html -- Literary Works Registration

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Sincerely,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com