trivia board game based on 1970's tv shows

[cmarkb]

What is the name of your state? Georgia, USA
Example of one of the questions to be in the game:
Who played Jan Brady on the Brady Bunch? Answer: Eve Plumb.
Am i infringing on any intellectual property rights or is this considered fair use?
Yes, this game will be sold commercially.
No, the game is not about just Jan Brady, The Brady Bunch or Eve Plumb.
No, I will not be talking about the personal life of this or any other actress.
This edition of the game will be based on many tv shows of the 1970s.
Even if this were to be a book instead of a board game, the book itself would be about all or some genres of TV shows from the 1970s.
However, I do not want to put a lot of time and effort into creating these questions if they are going to be considered infringement. Same question about listing facts about presidents of the US that are not defamatory. Is this infringement in any way.
I have read opinions on the internet until I am cross-eyed and very much confused on the topic.
I realize this is free advice and nothing is binding. By the way, do you know of an IP lawyer in the Dalton, Georgia area. I'm sure I'll have a lot more questions. Thank you for your time.

 

[Just Blue]

What is the name of your state? Georgia, USA
Example of one of the questions to be in the game:
Who played Jan Brady on the Brady Bunch? Answer: Eve Plumb.
Am i infringing on any intellectual property rights or is this considered fair use?
Yes, this game will be sold commercially.
No, the game is not about just Jan Brady, The Brady Bunch or Eve Plumb.
No, I will not be talking about the personal life of this or any other actress.
This edition of the game will be based on many tv shows of the 1970s.
Even if this were to be a book instead of a board game, the book itself would be about all or some genres of TV shows from the 1970s.
However, I do not want to put a lot of time and effort into creating these questions if they are going to be considered infringement. Same question about listing facts about presidents of the US that are not defamatory. Is this infringement in any way.
I have read opinions on the internet until I am cross-eyed and very much confused on the topic.
I realize this is free advice and nothing is binding. By the way, do you know of an IP lawyer in the Dalton, Georgia area. I'm sure I'll have a lot more questions. Thank you for your time.

Game has already been done.

 

[cbg]

You're about 39 years too late.

https://en.wikipedia.org/wiki/Trivial_Pursuit

 

[Just Blue]

You're about 39 years too late.

https://en.wikipedia.org/wiki/Trivial_Pursuit

Bingo!!

 

[cmarkb]

Game has already been done.

I do not understand your answer. That does not answer my questions about infringement. I know trivia games have been produced. I own some of them. That isn't the question I am asking. Can i or can i not write trivia questions in the form I stated above or will I be infringing on the trademark or whatever it is called when it comes to the reference of "Jan Brady", "The Brady Bunch" or "Eve Plumb"? In other words, am I going to have to get permission from every production company, from every actor/actress, to include these type questions in my trivia game. I know Trivial Pursuit. I have Trivial Pursuit. But they aren't the only trivia games and I plan on mine being played differently. I just need an answer to my original question concerning the type of questions I want to include in my game. Why is this so hard for anyone to answer for me?

 

[cbg]

When you asked your attorney this question, what did he say?

It's not as simple as you're trying to make it.

 

[Just Blue]

I do not understand your answer. That does not answer my questions about infringement. I know trivia games have been produced. I own some of them. That isn't the question I am asking. Can i or can i not write trivia questions in the form I stated above or will I be infringing on the trademark or whatever it is called when it comes to the reference of "Jan Brady", "The Brady Bunch" or "Eve Plumb"? In other words, am I going to have to get permission from every production company, from every actor/actress, to include these type questions in my trivia game. I know Trivial Pursuit. I have Trivial Pursuit. But they aren't the only trivia games and I plan on mine being played differently. I just need an answer to my original question concerning the type of questions I want to include in my game. Why is this so hard for anyone to answer for me?

You have so many legal issues with this you really need to consult with an attorney.

 

[cmarkb]

You have so many legal issues with this you really need to consult with an attorney.

I see, I get it. This is not a free advice board as it states above. Can you at least point me to an IP lawyer close to Dalton, GA? All the ones that i bring up on the internet are all over 100 miles away.

 

[cbg]

This is a board for general legal information, not specific legal advice. Your matter is far too complicated to be managed within the limits of what a message board can provide.

It is also not an attorney referral service. Call your State Bar Association, your local Legal Aide, or any law schools in your area for referrals.

 

[Just Blue]

I see, I get it. This is not a free advice board as it states above. Can you at least point me to an IP lawyer close to Dalton, GA? All the ones that i bring up on the internet are all over 100 miles away.

Did you read the TOS?

 

[quincy]

I do not understand your answer. That does not answer my questions about infringement. I know trivia games have been produced. I own some of them. That isn't the question I am asking. Can i or can i not write trivia questions in the form I stated above or will I be infringing on the trademark or whatever it is called when it comes to the reference of "Jan Brady", "The Brady Bunch" or "Eve Plumb"? In other words, am I going to have to get permission from every production company, from every actor/actress, to include these type questions in my trivia game. I know Trivial Pursuit. I have Trivial Pursuit. But they aren't the only trivia games and I plan on mine being played differently. I just need an answer to my original question concerning the type of questions I want to include in my game. Why is this so hard for anyone to answer for me?

Facts are not protected under copyright laws so questions and answers that are fact-based can be used. Eve Plumb acted in the role of Jan Brady on The Brady Bunch, so that is a fact. Titles likewise are not protectable under copyright laws. The Brady Bunch is a title, and is not copyrightable.

The copyright problems you potentially can encounter with your game are with copyrighted photographs or images or a large amount of dialogue used in your games. You will need to get permission to use rights-protected photos or drawings or stills or other written content from the shows, with permission generally granted in the form of a limited license.

You also have trademark laws to consider. Titles, while not protected under copyright laws, can be protected under trademark laws.

Trademark problems tend to arise when you try to profit off an existing trademark and/or your use of someone else's trademark confuses consumers into thinking you (your product or service) is affiliated in some way with the trademark holder's product or service.

You also must take care not to damage the reputations of valuable trademarks with your questions or answers. You need to avoid defaming the actors who portrayed the characters.

Okay would be a game where a question about The Brady Bunch was one of several questions asked about TV shows broadcast during the same time period. Not okay (without authorization from the trademark holder) would be a "The Brady Bunch Game," marketed and promoted using the name (and fame) of the TV show or its characters or the actors who took on the roles of the characters.

The first described game relies on your creative assembly of questions and answers from an assortment of shows while the second described game would rely on the efforts of the trademark holder who worked to make a famous show with memorable characters.

So ... using trademarks in a descriptive way (e.g., The Brady Bunch was a TV show) is okay. Using facts is okay.

That said, I recommend you sit down with an IP attorney in your area to go over the can-do's and can't-do's of creating your game prior to development. It is always cheapest and best to avoid legal issues at the start rather than have to wrestle with what can be costly legal issues later.

You can find IP attorneys by going to the Georgia Bar Association website and searching for attorneys in your area who specialize in trademark and copyright laws. Click on "Find a Lawyer:" https://www.gabar.org

Good luck.