page_title: Video game clone
section_title: Other methods of protection
hierarchical_section_title: Video game clone / Legal aspects / United States / Other methods of protection
caption_attribution_description: English: An image from US Patent 6,200,138 "Game display method, moving direction indicating method, game apparatus and drive simulating apparatus" (Fig. 13) filed by Sega, which patented elements of a few of its driving games, in this case, specifically Crazy Taxi
context_page_description: A video game clone is either a video game or video game console very similar to, or heavily inspired, by a previous popular game or console. Clones are typically made to take financial advantage of the popularity of the cloned game or system, but clones may also result from earnest attempts to create homages or expand on gameplay ideas presented in the original game. Legally, video game clones are not generally considered to be copyright infringement as gameplay elements are broadly uncopyrightable, an essential factor for creative development of new games based on past ideas. More recent case law has identified that game developers can protect their games' look and feel from clones, while methods like patents, trademarks, and industry regulation also help to fend off clones.
context_section_description: Patents are frequently used to protect hardware consoles from cloning. Though patents do not cover elements like the form and shape of a console, they can be used to protect the internal hardware and electronic components, as Magnavox had used at the onset of the arcade game and home console clones. Notably, many of the patents for the Famicom and NES expired in 2003 and 2005, respectively, leading to additional grey market hardware clones within a short time. However, Nintendo had built other intellectual property protection into their system, specifically the 10NES lock-out system, covered by copyright law, that would allow only authorized games to be played on their hardware.
  Less frequently, patents have been used to protect video game software elements. Notably, Sega had filed a 1998 United States patent for the gameplay concepts in Crazy Taxi. The company subsequently sued Fox Interactive for patent infringement over their title The Simpsons: Road Rage, citing that the latter game was developed to "deliberately copy and imitate" the Crazy Taxi game. The case was ultimately settled out of court.
  Another approach some companies have used to prevent clones is via trademarks as to prevent clones and knockoffs. Notably, King have gotten a United States trademark on the word "Candy" in the area of video games to protect clones and player confusion for their game Candy Crush Saga. They have also sought to block the use of the word "Saga" in the trademark filing of The Banner Saga for similar reasons, despite the games having no common elements. Within the European Union, one can register for a European Union trade mark that includes multimedia elements, which would allow a developer or publisher to trademark a specific gameplay element that is novel from past games, providing a different route for them to protect their work from cloning. For example, Rebellion Developments filed to register its "Kill Cam" mechanic as a trademark from its series Sniper Elite in October 2017, though as of February 2018, the application is still being reviewed.
caption: Sega patented the core gameplay mechanics of games like Crazy Taxi to prevent cloning.
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