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Sam
Sam, Attorney at Law
Category: Intellectual Property Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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Can I make a card game called The Walking Dead Dogs without

Customer Question

Can I make a card game called The Walking Dead Dogs without getting sued?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

When it comes to ownership, trademarks, etc of a name you can be sued if the consumer believes that your product is somehow connected to the brand, in this case I am guessing the show entitled "The Walking Dead."

This is referred to as "confusing similarity." So the test is if the consumer is going to be confused by the name believing it is one thing and it is really another, it will be an infringement.

And so if that is the case, then you could be sued. However, most times, you will first be issued a Cease and Desist giving you an opportunity to simply stop the product and marketing of the same.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

Customer: replied 1 year ago.
What if I called my card game: The Dead Walking Dogs...and the cards had characters made in the likeness of the shows main characters except drawn as dogs?
Expert:  Sam replied 1 year ago.

Interesting. You can certainly try. The worse that can happen is you would not be afforded a trademark and as I stated, you would generally get a cease and desist letter first before any lawsuits are filed.

Expert:  Sam replied 1 year ago.

You really don't have a huge risk at this point.

Expert:  Sam replied 1 year ago.

If you do not seek a trademark and instead just produce it, and The Walking Dead producers get wind of it, I suggest they will send a cease and desist letter first before doing anything.

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