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Thread: Hex sued by MTG

  1. #421
    HEX is to magic as Titanfall is to call of duty. Both are the same genre, both contain cards or players running around shooting. Titanfall goes even further and allows you to level up (prestige in call of duty) and half of the creators of Titanfall are from the studio that made cod. And yet Titanfall is fine, therefore HEX should be fine too.

  2. #422
    Quote Originally Posted by GatticusFinch;369724Their trademark on the tapping symbol is no longer live.
    [url
    http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4805:mn35n0.8.3[/url]
    Unfortunately, your link there doesn't seem to be working.

    Edit: and for some reason my quote of your link is even worse!

  3. #423
    Quote Originally Posted by mmac900 View Post
    HEX is to magic as Titanfall is to call of duty. Both are the same genre, both contain cards or players running around shooting. Titanfall goes even further and allows you to level up (prestige in call of duty) and half of the creators of Titanfall are from the studio that made cod. And yet Titanfall is fine, therefore HEX should be fine too.
    are you seriously saying titanfall is more like CoD than hex is like mtg?

    hex is literally magic the gathering with different names. come on now.

  4. #424
    Quote Originally Posted by mmac900 View Post
    HEX is to magic as Titanfall is to call of duty. Both are the same genre, both contain cards or players running around shooting. Titanfall goes even further and allows you to level up (prestige in call of duty) and half of the creators of Titanfall are from the studio that made cod. And yet Titanfall is fine, therefore HEX should be fine too.
    well CoD does not claim to have invented to shoot at someone to lower his hp/kill him. or to reload if your weapon runs out of bullets...
    and that is the case were wizard started the points
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  5. #425
    Quote Originally Posted by GatticusFinch View Post
    Now, even if the word or phrase of "tapping" has no trademark protection, it probably has other intellectual property protections. The creative name of rotating a card 90 degrees and calling it "tapping" is probably a copyright protected creation, and the act of doing so (I believe) is in their patent (I haven't read the patents). In that sense, I don't think this argument really matters.

    I just searched the US Patent and Trademark Office website, and it shows that Wizards of the Coast have applications for 471 marks, but I don't know how many are live or dead or even registered.

    Their trademark on the tapping symbol is no longer live. http://tmsearch.uspto.gov/bin/gate.e...805:mn35n0.8.3


    As I recall the tapping mechanic was a big part of WotCs first major legal action which saw a slew of early CCGs die which had copied it, not least the Star Trek CCG. This was around '95.

  6. #426
    Yeti Town is an interesting (and bad) precedent, but (as far as I know) could easily be distinguished by saying that Yetitown and Triple Town are isomorphs, but Hex and MtG are not. They are, right? I played Triple Town on my fiancee's phone once, that's it.

    As far as Titanfall vs CoD...Hasbro is basically saying 3 things: "you're copying our look so people will confuse you and us", "we have a patent and you're doing things covered by the patent" and "you copied us. like literally copied". There is no way on anyone's green earth that "but Titanfall isn't suing Call of Duty" will be a valid defense if Hasbro establishes they hold a patent, and CZE did the things covered in the patent.

  7. #427
    Quote Originally Posted by Perfectblue View Post
    @GatticusFinch, Did you happen to read the article on Gamasutra? It is by a copyirght, trademark and patent lawyer in the videogame industry. He directly replied in the reddit thread, it seems there are many similarities to case law that directly applies to this situation with Hex.

    http://www.gamedevelopment.com/view/...t_.php?print=1

    It seems Hex has a leg to stand on so to speak.
    That article is about copyright only, which is totally inapplicable to the trade dress and patent issues. WOTC is alleging three separate intellectual property violations, of which copyright is merely one of them.

    It's a good article about explaining the historical route toward how things currently stand on copyright. However, your takeaway from the article is, frankly, wrong. There are a lot of older precedents under copyright law to protecting cloning, but the proliferation of clones in mobile games has sort of expanded this area of the law. If anything, the law has slowly been shifting toward expanding copyrightable elements in video games. The Triple Town case is particularly interesting because it was decided in the Western District of Washington, the very same Court that this lawsuit has been filed in.

    Cases like this are never cut and dry, and it is impossible to say with certainty that they will win or will lose. The only thing that can really be said is that this area of the law is starting to develop a little more as games become more and more mainstream, especially mobile clones, and the tides seem to be going toward expanding copyright protection a little more (again, remember that copyright protection is different than other two claims). This case isn't a slam dunk for Hex on any of the three grounds.
    Last edited by GatticusFinch; 05-15-2014 at 10:08 AM.

  8. #428
    Quote Originally Posted by frychikn View Post
    are you seriously saying titanfall is more like CoD than hex is like mtg?

    hex is literally magic the gathering with different names. come on now.
    Yeah, I'd say a more fair comparison is Rock Band to Guitar Hero.
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  9. #429
    @GatticusFinch, Thank you for the reply. I went back and read through your replies, as you state from a trade dress point of view, they might have a case. Is there anything that Hex could do at this point to help lessen such claims? For example tapping cards and having graveyards is pretty standard through many trading card games. Instead of tapping, the troops are "exhausted" in this game, why not go with that flavor of being exhausted and have a "zzzz" symbol by the exhausted troop?

    Or for the graveyard, have an actual UI element that makes it look like the card is being buried in the graveyard?

  10. #430
    I guess this is why they created Hex Entertainment LLC. Guess the talks with WotC spooked them.

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