456
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 12 Jan 2024
456 points (100.0% liked)
RetroGaming
19573 readers
567 users here now
Vintage gaming community.
Rules:
- Be kind.
- No spam or soliciting for money.
- No racism or other bigotry allowed.
- Obviously nothing illegal.
If you see these please report them.
founded 1 year ago
MODERATORS
It’s not about whether it competes. It’s about whether a “reasonable person” could confuse it for being an authorized product of the IP owner. In this case, people could confuse it with both a licensed Nintendo product (since it runs on original hardware) and it could be confused with an official Valve release (since the content is an exact (as possible) recreation of the levels and assets from the original game.
So you are clearly talking about trademark. A game design can't be trademarked. Only the name. Yes, if the name could be confused, that could be an issue. Maybe the cover art to some extent, if it is trademarked.
But if the game origin can be confused, so what? No law against that.