RISK on Google Maps Shut Down

mrokkam writes "Hasbro owns the copyrights for the game of Risk, as the guy who wrote the google maps based Risk found out. This was featured on slashdot earlier. However, he does not seem too discouraged and asks people to submit ideas for other games using google maps that will not have such legal wrangles." One thing this reminded me of is how cool Risk is. My office is now in its 3rd round... Africa will be mine!

Comments

Re:Copyrights

[tomhudson]

Tetris is a "made-up" word. As such, it is eligible for tradmark protection.

Risk is no more a trademark than Windows is - ask Microsoft. They got burned when they tried to enforce their spurious "trademark" against Lindows. $20 million it cost them to get Lindows to walk away from the case.

You can't trademark a generic word. Just as you can create "Xarius Raisin Bran", and neither Kelloggs nor Post can come after you (just as they can't go after each other, either).

Hasbro screwed up here. They tried to expand their claims, and exposed the fact that they don't have all that much protection. Earlier boxed versions of the game only claim the company names as trademarks. Its only the latest ones that try to work "RISK" into the claims - and only in all-caps format.

So make "Xarius Risk" without fear - and use the same gameplay, the same rules. Just use original artwork.

Re:Copyrights

[tomhudson]

Your example actually proves my point, because you're wrong:

'Scion' was an existing term but Ford would get sued by Toyota and probably lose if they tried to sell a 'Ford Scion', and Ford would sue Toyota if they made a 'Toyota Explorer'.

Car manufacturers HAVE copied each others model names.

The Pontiac GTO was named after the Ferarri GTO The Pontiac Esprit is a rip-off of the Lotus Esprit.

The latest? The Ford GT. How many GTs have their been in the past from different manufacturers?

So much for that theory. Toyota could produce an Explorer model if they wanted to. Though who would, with a crap record like Fords'. On the other hand, "Camry", being a made-upword", is much better protected.

Risk is a pre-existing word. As such, it does not enjoy trademark protection, even in its own product domain. Same as GTO with cars. Same as PS2 in the digital world. Same as Windows.

Re:Copyrights

[tomhudson]

You really should have done a quick google. The judge in the Windows trademark case that there was doubt that Windows was a valid trademark, Microsoft shit their pants, dropped the suit, and paid Lindows $20,000,000.00.

http://www.eweek.com/article2/0,1895,1524941,00.as p

The U.S. District Court in Seattle ruled in favor of Lindows.com's assertion that the jury should consider the historical use of the term 'windows' in graphical user interfaces rather just its current usage as being synonymous with Microsoft Windows.

The court also ruled that after a word is declared generic it would continue to be generic, and thus could not be made a corporate trademark. Chief District Judge John Coughenour said in his Tuesday ruling: "If the term is found to be generic 'it cannot be the subject of trademark protection under any circumstances.'"

This is not the first time the court has cast doubt [PDF document] about Microsoft's use of 'windows' as a trademark in the case. In a March, 2002 ruling, Judge Coughenour noted, "that there are serious questions regarding whether Windows is a non-generic name and thus eligible for the protections of federal trademark law."

Microsoft got hit with this, said "Holy Shit", and dropped their case against Lindows. They also paid Lindows $20,000,000.00 As part of the agreement, Lindows also changed its name to Linspire (hey, pay me $20,000,000.00 I'd change my name to Sue-Ann).

As you can see from the judge's statement "that there are serious questions regarding whether Windows is a non-generic name and thus eligible for the protections of federal trademark law", only non-generic names are eligible. Generics aren't. "Risk" by itself is generic. "Hasbro Risk" isn't.

So, wanna try again?