Can you make and sell a trivia game based on a tv show?

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Can you make and sell a trivia game based on a tv show?

Looking to make a trivia card came based
on a tv show. Can I legally sell this if
it’s named something else than name of
show??
Thanks

Asked on May 18, 2018 under Business Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It would have to not just be named other than the TV show, but structured differently enough that it's not clearly based on that show with a different name. If it is recognizable as this particular show--and not merely as based on a show of this type--you will most likely be  violating trademark and/or copyright. To use an HGTV example: you can clearly build a game based on a competition to see who can do a better job of buying, renovating, and selling/flipping houses, since that is generic activity. But if the two playable characters are male brothers where one is a contractor and one is a realtor, that would be an infringement of "Property Bros." trademarks, since it's clear what show it is based directly on.


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