Urgent help required! :'( :'( :'(
Legal reps. for Hasbro are asking me to remove Happy Happy Hippos from the Apple App Store due to infringement.
The graphics, text and game-play are not the same as Hungry Hungry Hippos so what's the issue? Is there something I should change?
Ouch :(
What part of your game do they feel infringes on their IP? Maybe you could change just that one aspect?
TBH The game does rather resemble that old family fave. I can understand why they are asking for it to be removed. Legally I'm not sure where you'd stand (and Hasbro have probably got a little more money and clout in this dept to duke it out than your good self).
Could you change the hippos to dinosaurs (they aren't that much different) and call it Dinner Dinner Dinos/Dinosaurs (c) and TM I.Price 2011 :P, or something? Or maybe altogether different beasties? My son has a table top game that is a blatant rip off of HHH. It stars chickens IIRC.
It's got to be a kick in the nuts for you though.
Generally, there are many Habrso boardgame remakes that are the same so why is mine any different. :S
http://www.google.com/images?q=hasbro+board+games&biw=1680&bih=844
It's obvious that the screen shot resembles a game that is 40 years old so I think the reasonable thing to do is change the characters and board so it looks nothing like it.
Even a pig or dino could be mistaken for hippo. So I'm hoping I can keep the game mechanics in place and just replace the 3D objects. :sick:
Quote from: matchy on 2011-Feb-08
Generally, there are many Habrso boardgame remakes that are the same so why is mine any different. :S
http://www.google.com/images?q=hasbro+board+games&biw=1680&bih=844
YIKES!!!! "Operation" :giveup:
Crunchy, Crunchy, Croco? I mean, they can't piss you because you have the idea copied. What would tetris do?
I have asked for the legal rep for specific issues because it is vague.
If you dont here from them (which you should do), then it could have been a scam.
I suspect that, if you do here back, you wont want to challenge them. However, if you do, then get a lawyer who is into IP stuff and see what they say.
Just give up challenging them whatever resources you have. They have to do this to keep their trademark because if you don't attempt to protect your trademark for the silly things, you can't defend your case in court when someone makes an exact copy of your work. As long as we are talking USA or a country that has fallen for the pressure from US, you are completely lost. All you can do is give up, remove it and remake the whole concept not to look like their stuff any more.
Btw, tetris clones gets attacked all the time so don't look for support there. Last time on Slashdot this morning:
http://games.slashdot.org/story/11/02/08/0458258/Takedown-Letters-For-WP7-Tetris-Clones
tetris with 3 block stones is easier to program, anyway :P
XXX
XX
X
X
X
X
XX
X
X X
X
I call is Tritris, and hereby claim copyright and whatnot! :D
Quote from: Kitty Hello on 2011-Feb-08
tetris with 3 block stones is easier to program, anyway :P
XXX
XX
X
X
X
X
XX
X
X X
X
I call is Tritris, and hereby claim copyright and whatnot! :D
Games about falling blocks will never catch on... :P
@matchy - as Moru said, better get off the radar ASAP!
Don't mess with multinational companies, avoid them at all costs!
Show only slight amount of resistance and next day they'll sue you at the court in Manhattan or LA, or some place else where you need $250.000 just to appear in the courtroom.
Run away!
edit:
That means - remove all references to possible infringement, but don't acknowledge, admit or apologize to anybody. Pretend to be stupid, ignorant and completely not fluent in English language.
u-oo
-I received the requests from Apple legal, so I have to do what Apple says. They have asked me to contact the lawyers, which I have and asked for specification because I am quite certain those specs conform to many other also. Nothing special about my game just that is looks like it and plays nothing like it.
- I have 5 days to remove the product, which I will because Apple asked me not Hasbro. There is no challenge, just a respect for clear communications.
- I will try to change the characters and board, but that may be too much work for me right now.
Personally, it's no big deal but I feel I need to compile a big list of other games that they missed.
Thanks for the support and it's okay to open the discussion for general and other similar games.
The reason I am telling you guys is because ironically it was originally created for a board-game comp.
Remove it .
Make a new one ala crash crash croco or long long Giraffe.
Imho u cant win and if you ask them for the reasons the answer is a "blah blah bla blup" .
I hate this too but u cant win. Why fight against them ? maybe u win but is it all worth it ?
Its a shame
mfg
It might be worth mentioning that there was a commercial computer game called Zampabolas on the Spectrum and CPC years ago -
http://www.worldofspectrum.org/infoseekid.cgi?id=0013946
http://www.cpcgamereviews.com/z/index.html
It would appear that no claim was made against that game back then, so why now?
But as we have all stated - you really have no leg to stand on; you will have to comply. I'd still ask for specifics about EXACTLY which aspects do they not like, as if you do plan to do an alternative remix, you don't want the same hassle again.
BTW some possible ideas -
Gator Gulp
Monkey Munch
Chimp Chomp
Lawyer Lawyer Eater
Legal Legal Basher
I received a response stating the characters and board need to be changed.
That was the issue...clear specifics..not bully "something wrong about the app so take it down" attitude.
So I have removed both version from the App Store without challenge but there more to this than just me. If Hasbro (or any company) applies this logic to one, it must apply to others.
Anyhow, I couldn't be bothered with recreating it. Need to get in to a 3D modeling mood. lol. Although, I'd rewrite it with Box2D this time.
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I am not a lawyer, but from what I read I would have told you before. They cannot take any legal action if it would be just the game logic. But your design and even the name is to close to their game. You do use their longtime effort to the trademark for your success. If customers easily or intentionally are reminded of the original it´s clearly illegal. So pls don´t sell computers with just a pear as its logo =D
As it is with tetris. In nearly any case somebody made a tetris clone with a part of the name in the title (like tet or tris) they went to court with, the tetris company won. You could still name other products "tetris" like jeans or softdrinks, because they´re not in direct market competition with the computer game. I wonder when the good selling pong clone from a communty member has the same problems. Atari is really lame these days. :P
Wish u luck redesigning the game, matchy .
I think that's not a bad turn of events, you could conceivably just change it to a square board and change em to crocks and your set. Change to add some bonus balls, extra features etc to-boot.... ;)
I hope it works out in the end.
Cheers,
Ian
You can have my croco model from the LD48 I did once:
Samples\_Projects_\CrocoGame
(http://www.glbasic.com/pix/tndddview_1_.png) (http://www.glbasic.com/pix/dddview_1_.png)
Quote from: monono on 2011-Feb-09
... wonder when the good selling pong clone from a communty member has the same problems. Atari is really lame these days. :P
Well Hasbro used to own Atari for a while and I think they both are owned by the same company now so don't be surprised if something similar happens :-)
Now they got me!!!
Quote
On 3/15/2011, we received a notice from Hasbro, Inc. that Hasbro, Inc. believes your applications named "Dr. Shiver", and "Dr. Shiver HD" infringe Hasbro, Inc.'s intellectual property rights. In particular, Hasbro, Inc. believes you are infringing their trademark.
You can reach Hasbro, Inc. through C.R. (phone:xxxxxxx, email: xxxxxxx). Please exchange correspondence directly with Hasbro, Inc..
We look forward to receiving written assurance that your applications do not infringe Hasbro, Inc.'s rights, or that you are taking steps to promptly resolve the matter. Written assurance may include confirmation that your applications do not infringe Hasbro, Inc.'s rights, an express authorization from Hasbro, Inc., or other evidence acceptable to Apple.
Under our terms of agreement, Apple may remove your applications from the App Store at any time. You may remove your applications using the steps provided below, for example, while you make any necessary changes to your applications.
Oh dear. :(
Hmmm, your game is pretty diffent from Operation IMHO... I don't understand their problem?
Cheers,
Ian
The problem is that they have tons of lawyer and we dont.
Quote from: ampos on 2011-Mar-16
The problem is that they have tons of lawyer and we dont.
Indeed. And the phrase "infringe Hasbro, Inc.'s intellectual property rights. " doesn't actually mean anything, especiially since ideas can't be copyrighted, the gameplay, the graphics and the sound are totally different to the original game. The name?
(http://www.spieletest.at/thumbnail.php?src=pics/spiel/412/meinerstesdrbibber1.jpg&w=210&cache_dir=pics/spiel/412/thumb)
Dr. Shiver and Doktor Bibber are not that close.
What else is left that Hasbro think infringes their rights? Bugger all that I can see. But I'm no lawyer. And they can afford lots of them.
Yes, I see no problem at all. I asked for details. Bibber is the German word for "shiver", but that can't be a problem, can it?
The gameplay is different, though the tweezers are there in the original as well. I can change that to a toothpick easily, though.
Might be worth thinking about an "Animal Doctor" version.
They`re just pissed off that they didnt do it before you ;)
The problem is, I'm doing some fine money with that game. Like 1:1 the money I make with GLBasic.
Hopefully Hasbro are literally only complaining about the name:
QuoteHasbro, Inc. believes you are infringing their trademark.
QuoteBibber is the German word for "shiver", but that can't be a problem, can it?
Something that translates to "Doctor Shiver" could be seen as grounds to remove the app. Regardless of what you would say against this, lawyers are very expensive... :rtfm:
You might have to rename it to avoid legal problems. The legal system is truly unfair unless you're a company worth $3 billion US, and spend your wealth on crushing developers who pose no threat to you...
Yeah, it looks like the name may well be the reason for this after all, although try to get confirmation about this - no point releasing a differently named app if the name isn't the problem.
Here are a few names if you need them, grabbed from the air at random (don't know if they are used elsewhere)
$urgical $pirit
Open $urgery
Doctor Doctor!
Dr. Doctor
Spacial Op$
Doc Patient$
Doctor Patient
Actually I wonder if this Icon for the Game is causing the problems.
(http://a2.mzstatic.com/us/r1000/013/Purple/af/bf/7e/mzi.kciubgxd.175x175-75.jpg)
It could be enough to cause a ruckus.
I'd get clarification but to be honest that does look like the Operation Game from the outset.
Probably a name change to wouldn't hurt. I'd go with Ian's suggestion for Doctor Doctor!
Well look at that!!! Hasbro might be just releasing apps or just saving face.
In my case , I had to ask for specifics but it was obviously like HHHippos.
Here, it's not so easy because it might remind me of Operation or could just be the name.
From now on, I am aiming for complete originality.
go for "PET SHOP DOCS"
and get it animal skinned.
...perhaps a gameplay update too with some extras.
Pet Vet ;)
PET SHOP VETS hehe :rant:
Doggy Howser ;)
You guys just gave me a twisted game idea.
Indeed - you will need to get details from Hasbro about the problem - make sure that you get them to detail every thing they feel is a problem, down to the smallest detail. But make sure that you give them a fixed time in order to reply.
I presume you wont want to challenge them...
The ask me to remove the keyword "operation" from the list, because it's a trademark.
So, I'm no allowed to include keywords like: risk, operation, clue, apple, cherry and whatnot then?
This world is going so crazy...
But, OK - I'll drop that keyword. I hope sales won't totally stop then.
operation is a trademark? o.O What the *love* is going on?
Next time they will forbid your name "Gernot" because the actor in a game is named like you. -.-
Could call it Surgery...
It's not "called" Operation, it's "Dr. Shiver". They complain about having"operation" as a keyword.
Also, you can not use windows, twist, magic,... nonsense.
"Operation" is the name of the game in the UK, however, you are performing an operation in their game and yours.
That's a pretty dodgy/flimsy reason to request a removal of the game. There are over 70 iPhone apps that have "Operation" in their name or as a tag. Are they going to request all should be removed? I could understand if your game was called "Operation", but they're just taking the piss.
Does Apple provide any help for developers who are approached in this was via the app store? This seems very unfair to me and may to them. It's a blatant case a lawyer bashing,where the threat of legal action has more power than the validity of the case.
Ah yes :)
Use surgery in the keyword then :)
My keywords are:
operation, bibber, dr, doctor, doktor, surgery, skill, chirurg, anatomy, bone, heart, brain, surgeon, casual
Must I remove "bibber" as well? The game is called "Chefarzt Doktor Bibber".
Any good keywords missing?
Procedure, removal, op, patient, client, hospital, clinic
Quote from: Kitty Hello on 2011-Mar-17
Any good keywords missing?
*love* off, Hasbro?
too long. Pick 4 to remove:
bibber,dr,doctor,doktor,surgery,skill,chirurg,anatomy,bone,heart,brain,surgeon,casual,procedure,removal,op,patient,client,hospital,clinic
I think hospital, casual and brain might be quite common (i think of "My hospital" like games, and zombie searches).
I'd remove -
- "doktor" - I think "doctor" is more readily used.
- "chirurg" - I'm sure most non-German speakers won't know what this means. I just had to look it up.
- "client" - I know it was my suggestion, but "patient" is more widely used
- "procedure" - I'd rather use the term "op" or "operation", but it is still used.
How do they know what your keywords are? I am amazed that a common every day word can be trademarked in this way!
The trademark is not solely on the word. It is the relation to the image of a game that uses tweezers to carefully remove body parts. This would remind most people of the board game and confuse young.
Really, the only fair and good thing that Hasbro is doing is preparing for a line a video game based on their boardgames otherwise they are just deluded with their branding.
Bit naff all this, and they know very well small developers havent got the clout to take them up on their challenges!
Ironically, Hasbro own Atari, which last year, nearly every developer that built something that resembled a 1970's atari game were hit with C&D's...
We should start an internet campaign that tells people all about their little 'you have Operation in your keywords' bollocks and they should resist buying Hasbro games if they agree that they are too big for their boots!
Because sadly, biting them in the pocket is the only way these companies will ever learn!
Dabz
Why not try to turn it around an suggest an licensing deal with hasbro, and make an official version of their board game.
- fix the game up a bit (pro gfx ao.).
- have it relaunched with their marketing.
Win-win situation for all.
It's certainly worth a try :)
Interesting idea however I would be a bit weary of doing something like that. You probably would end up only getting $.25 on the dollar for each game sold depending on what type of deal Hasbro would make plus you could lose any creative control you had over the game. Also they may try to sneak a clause into the contract saying that if you under preform by such and such unit everything now belongs to them even the dog. Not that it would happen with them but I've seen some strange crap happen.
I'd say give it a shot but read that contract over with a huge magnifying glass and black lighting.
What about if you put .... "co operatation"
Your reflexes of course need to cooperate with your tweezers.
I find it hard to believe they can get away with this kind of thing. Maybe you can counter sue with cyber bullying :)
:D
OK, new update is out. Let's see what the sales will say.
Let's see if THIS (http://itunes.apple.com/app/operation/id408174538?mt=8) gets a C&D/removal. It doesn't look or sound like the Operation board game, but it is simply called "Operation", which seemed to be the bone of contention.
^ Well that recently released app titled "Operation" is just a perfect example for this thread topic. :noggin:
Quote from: Ian Price on 2011-May-07
Let's see if THIS (http://itunes.apple.com/app/operation/id408174538?mt=8) gets a C&D/removal. It doesn't look or sound like the Operation board game, but it is simply called "Operation", which seemed to be the bone of contention.
I like the graphics in this one, though. :)
Quote from: Ian Price on 2011-May-07
Let's see if THIS (http://itunes.apple.com/app/operation/id408174538?mt=8) gets a C&D/removal. It doesn't look or sound like the Operation board game, but it is simply called "Operation", which seemed to be the bone of contention.
It's also the same gameplay. If they can keep that, it's not fair :/