What's the good word?

Who said games are not serious business? The legal saga over an online game originally called “Scrabulous” has brought into focus a critical debate surrounding the interface of copyright and design protection.

Name vs Design: RJ Software, a Kolkata-based company, designed an online game called Scrabulous. This upset Mattel India, which makes the legendary game Scrabble. Mattel sued the Indian company in Delhi High Court for violation of two types of intellectual properties: name (trademark) and creative idea of Scrabble (copyright). Mattel won the trademark case when the court ruled that RJ Software cannot use the name “Scrabulous”. The court, however, allowed the Kolkata firm to continue with the game by giving it another name. In effect it meant that the game could only claim protection for its name and not for its idea per se under either the Design Act or the Copyright Act. Mattel has appealed against this judgment claiming that games are, indeed, covered under copyright.

Name and Design: According to law, copyright in any design, which can be registered under the Designs Act 1911, but has not been registered, shall cease as soon as any product in which the design has been used is produced more than 50 times. So, Mattel has the copyright for the blueprint of the Scrabble board, but it cannot claim any design protection or copyright as the same drawing is now on the mass produced Scrabble board.

What Does This Mean: In layman’s terms, this case reminds one of a process versus product patent: if you can’t copy a product in it entirety, then copy the process of making it and call it something else! This has implications for many entrepreneurs who have set up—or, are planning to set up—business that replicates other successful concepts. The trend is more rampant in online businesses.

Interestingly, though, it is in such online ventures that the chances of getting caught are also higher.

—Shamni Pande