What, Me, Infringing Monopoly®?

Remember my LJopoly/Lulzopoly boards? They were pretty popular. Even LiveJournal founder Brad got a kick out of them. Not everyone is a fan, however.

Hasbro's legal team is hot on my trail and determined to get me to take down my "offending material" or suffer the consequences. Do they have a case? I don't think so, but read their letter for yourself:

Mr. Jason Fortuny
www.rfjason.com

Re: Infringement of MONOPOLY® Property Trading Game Copyrights and Trademarks

Dear Mr. Fortuny:

We are counsel for Hasbro, Inc. ("Hasbro"), the owner of the copyrights and trademarks for the MONOPOLY® property trading game. We recently became aware of your "Lulzopoly" and "LJopoly" games at http://rfjason.livejournal.com/616587.html and on your site at www.rfjason.com, which contain elements and images obviously copied from the MONOPOLY® property trading game. Specifically, the appearance of the game boards, the title deed cards, the distinctive property squares and the game money are obviously copied from the MONOPOLY® game. The "LJopoly" game board also copies the distinctive MONOPOLY® corner squares.

The MONOPOLY® property trading game as a whole, as well as specific elements and characters, such as the property squares, the corner squares and the design of the title deed cards, are the copyrighted property of Hasbro. Hasbro also owns the trademark rights to the numerous elements of the MONOPOLY® property trading game, including the property squares, corner squares and title deed cards, that have achieved source-identifying significance.

Your unauthorized use of the MONOPOLY® game board and game elements constitutes copyright infringement in violation of 17 U.S.C. § 501. Your unauthorized use of the property squares, corner squares and title deed cards also violates the federal trademark laws, including 15 U.S.C. §§ 1114(1) and 1125(a), by creating a likelihood of confusion with respect to Hasbro's authorization or sponsorship of or association with your activities. The unauthorized use of these MONOPOLY® marks is also likely to dilute their distinctive qualities in violation of 15 U.S.C. § 1125(c).

We therefore demand that you immediately cease and desist from any further use of the MONOPOLY® property trading game, that you remove the infringing elements and images from your game and from your website, and that you provide us with a written assurance that in the future you will refrain from any further unauthorized use of the elements and characters of the MONOPOLY® property trading game.

Please confirm to me as soon as possible, and in any event within ten days, your agreement to the above. This letter does not purport to be a complete statement of the facts or the law and is without prejudice to Hasbro's legal and equitable rights.

Sincerely yours,
Carin G. Reynolds
Patterson Belknap Webb & Tyler LLP
1133 Avenue of the Americas
New York, NY 10036-6710
tel: 212.336.2104
fax: 212.336.2277
cgreynolds@pbwt.com

Hmm. It's obviously not a DMCA request, which would have been the smart route if I were actually infringing any copyright. I'm more scared of getting sued by Encyclopedia Dramatica since I used several of their visual trademarks in Lulzopoly - still just $20!!!. If you look closely at the language, it reads like an intimidation note rather than anything legally enforceable.

And we all know how I respond to intimidation.

Related Links

  • LJopoly with PDF downloads
  • [ threats, opoly published on 2008-02-07 | Comments (6) | Permalink (2,636) ]

    LJopoly

    Please don't sue me Parker Bros. or Six Apart. I've just always wanted to do this. LJopoly was begging to be made. So here it is:

    LJopoly playing board. Click for large 1350x1350 PNG version.

    Lulz & FTW Cards

    You Have Been Elected LJ President. Pay Each Player $50. Go Directly To LJ Abuse. Do Not Post To LJ. Do Not Collect $200.

    Bank Notes

    user info Jameth LJopoly bank money

    Download Printable PDFs

  • LJopoly Board 18.75" x 18.75" (508k PDF)
  • LJopoly Board for 8.5" x 11" printers. (3.84mb PDF)
  • Six sheet assemble to 18.75" x 18.75" board 16 lulz cards, 16 ftw cards (253k PDF)
  • 28 user info cards (44.3k PDF)
  • 7 sheets of money (94k PDF)
  • Each PDF is designed for printing on standard 8.5"x11" color printers. For the money, ordinary copy paper will work. For the board and cards, I recommend using heavy stock paper for about $11 online, or $15 at your local office supply store. You'll also need to cut everything yourself. See related links for shopping options.

    Related Links

  • xerox 60lb 98 brightness at Amazon.com
  • X-Acto Paper Trimmer at Amazon.com
  • [ opoly published on 2007-08-05 | Comments (1) | Permalink (2,523) ]

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