DaVINCI EDITRICE S.R.L., VS. ZIKO GAMES, LLC, et al., in CIVIL ACTION NO. H-13-3415 cited a card game's mechanics aren't protected, I'm looking - quite literally - to copy a card game (as the defendant in the cited case) that is no longer in production by reskinning the game and removing protected theme elements (the original game is based on a copyrighted world, ergo, make my own fictional world and use that as the themed elements). Both companies involved in the original game are still around, and doing well. Would a judge consider the citing of this case as a worthy defense (i.e. they have to prove something more than I cloned it) - or - is this just going to drain money away until one party gives up?
I think this is a very risky proposition.
The general mechanics can be re-used, specific rules and procedures maybe protected.
Have a consultation and evaluate all your risks
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Games can be copyrighted as can the rules. So skinning a game can cause a variety of legal issues. I would have an attorney do a detailed analysis. One fact can change the result.