Will I be sued for making an online video game? 1 Answers as of August 16, 2010

I have been working on a video game and I am thinking about selling through a sole proprietorship internet company. The game that I have been developing is my own, but it is similar in concept and feel to a game by a major developer. There is a huge difference though because that game was developed for a gaming console whereas mine is being developed for and will be hosted over the internet. Will I be sued for infringement? Does the fact that my game is being developed on a completely different platform mean it is different enough? Thanks.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Asking me if someone else will sue you is speculative. The answer is that if they think you are infringing, they will take action by cease and desist letter or lawsuit. You will know it when it happens. If it does, feel free to contact me for the legal and litigation help you will need. You
should discuss all this with the company you propose selling to.

In the meantime, if you want to get an official opinion about the potential infringement, you should consult with experienced Intellectual Property counsel. You should have already done so to protect your interest in the property through copyright, trademark, tradename, etc. If you do not protect it, you have nothing of value to sell.
Answer Applies to: California
Replied: 8/16/2010
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