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ARTICLE · 16 AUGUST 2016

How Trade Dress Can Help Game Developers Level Up

Fenwick
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As game developers continue to face both the threat of having their games cloned, it is increasingly important for developers to understand the safeguards that intellectual property law can provide.

United StatesIntellectual Property
Eric Ball
Eric Ball
Alexander Ip
Alexander Ip
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As game developers continue to face both the threat of having their games cloned and accusations that they too are cloning games, it is increasingly important for developers to understand the safeguards that intellectual property law can provide. Knowing early on what protections IP law provides can ensure wise design decisions that can strengthen a brand and stop clones. This knowledge can also help game developers steer away from costly lawsuits that can easily be avoided, or better yet, defend against aggressive plaintiffs alleging infringement.

What is Trade Dress?

Trade dress protects a product's overall image, look, presentation, and packaging.1 The theory behind trade dress is to protect a company's reputation and goodwill by preventing competitors from trying to confuse consumers into thinking that the original company made or sponsored the competitor's game.2

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