Share on LinkedInShare on LinkedIn

ARTICLE · 15 NOVEMBER 2024

Can You Avoid Copyright Claims By Modifying Props Used In Your Ads?

Global Advertising Lawyers Alliance (GALA)
Explore more from Global Advertising Lawyers Alliance (GALA)

In Crystal Castles, the arcade game released by Atari in 1983, the player controls Bentley Bear, a bruin tasked with collecting gems scattered...

United StatesIntellectual Property

In Crystal Castles, the arcade game released by Atari in 1983, the player controls Bentley Bear, a bruin tasked with collecting gems scattered throughout a castle while avoiding enemies intent on thwarting his quest. Last year, State Farm released a six-second digital ad that featured actors standing in front of, and interacting with, a Crystal Castles arcade-game cabinet. The cabinet was modified to replace the "Crystal Castles" title with "Witch's Broom" but otherwise was left intact. Included in the complaint was the following screen shot from the ad:

1544854a.jpg

The titular switcharoo didn't fool die-hard gamers, a number of whom posted comments on social media correctly identifying the relabeled console. A few even reacted negatively to the use (e.g., "You think a bastardized Crystal Castles cabinet is going to make you seem cool to gamers? Think again").

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from