Hothead’s game app Kill Shot is beating Glu Mobile’s game app, Deer Hunter, by eight spots in a list of Apple’s top-grossing games for the iTunes App Store. However, Hothead could lose to Glu Mobile in a copyright and trade dress infringement lawsuit.
The argument by Glu Mobile is that the games are identical, except that Kill Shot involves killing soldiers rather than deer. Similarities include user interface, controls, many of the same flaws and more.
What Is Trade Dress Infringement?
Copyright violations are generally somewhat understood. However, most people are unaware what a trade dress infringement is. These violations involve plagiarizing the visual appearance of a product. In the case with Glu Mobile and Hothead, one can see a similarity in the animation of all points of a bullet’s trajectory in the games. That is, when the bullet is fired, when it is in the air and when it hits something. Additionally, the controls for firing and the slide zoom are similar as well.
This case still has not been decided, but it could be worth a lot in a potentially $20 billion industry.
What If a Company Is Infringing on the Trade Dress of My Game?
If you think that you are in the same boat as Glu Mobile, then you need to seek a business litigation attorney with a special emphasis in the video game industry. Luckily, for Los Angeles and the rest of California, video game companies can contact Klein Trial Lawyers.
Did You Know? The first game on a mobile phone was Tetris in 1994.
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