【HEX】Magic vs. HEX ~ Article by IP Lawyer ~

This article is linked by Cory Jones at the official forum.  It is indeed a great read with details from someone who understands law.

Cryptozoic’s Introduction Sells Its Theme to the Judge Well
I think Cryptozoic’s non-traditional answer is powerful. And I agree with its assessment of the case: WOTC is desperately clawing to keep control of its game by throwing all of its IP at Cryptozoic. Since WOTC is larger, and therefore has more resources, it can play bully. It can win, even if the issues are weak, because Cryptozoic might not have the money to fight back.

I hope that’s not what’s going on (or what will happen). I would like to see this fight continue to a court ruling. Any ruling here, would have implications for sports trading cards.

The issue raised is how much copyright and trade dress protection should be afforded to the “look and feel” of trading card designs? Especially for card design elements that are generic throughout the industry.

This question has been hanging over this industry for a while (see, e.g., the Topps v. Upper Deck litigation over the O-Pee-Chee design).

We may just get those answers here, too, because both parties have good reasons to continue fighting. For WOTC, it needs to either shutdown Hex, or have Cryptozoic overhaul the games’ rules. Otherwise, it opens up the floodgate to other Magic the Gathering type clones. Cryptozoic might also need to take the case all the way to protect the alleged million-plus dollars of Kickstarter money it has invested in the game.

So, while I normally predict early settlements for most cases, this one, might continue.

Read more: http://www.cardboardconnection.com/news/law-cards-cryptozoic-rants-wizards-coast#ixzz3CxHgQBet
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