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No More Candy

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An actual lawyer who (as I understand) works primarily for Indie game devs for a living, Mona Ibrahim, comments on the whole situation:

This seems to happen a lot in my industry, the game space. And while I love you all these knee-jerk witch hunts are a bit tiresome. So to get to the meat of the problem: Candy Crush Saga is still a fully operational, commercially successful game, and King, as its lawful publisher/developer, has a vested interest in protecting its IP portfolio to the extent required to prohibit infringement.

Likewise, The Banner Saga is a beautifully rendered and well-designed product that likewise has an interest in protecting its IP. In other words, I do not think there is a “bad guy” here. We simply have two players in the IP landscape. Being on “Team Candy” or “Team Banner” does not make you any more or any less “legit” from a legal perspective.

With that being said, we have an instinctive desire to protect “legitimate”, “independent”, and “serious” games over the “casual” game publishers in the market. This is all well and good if that’s what you want to champion, but the law doesn’t play favorites for the sake of your preferences. Nor should it.
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Read the rest on Candy Crush/Banner Saga: My Brief Two Cents.

She even started a Reddit AMA (Ask Me Anything):

The Great "TM" Saga: AMA

Hi everyone!

A few folks on twitter pinged me regarding the Candy Crush Saga/Banner Saga TM issue, and as I can't actually answer most questions people have there due to response length constraints, I thought I'd open up a discussion here where people can ask what they want and I'll answer what I can. As a point of reference I'm a video game attorney based in Seattle. I represent both established and not-so-established game developers and publishers. I also represent a number of composers, artists, and individuals who bring their own unique skill sets to the game space. Incidentally, I also managed the TM practice at my old firm, so this is a bit of an old hat for me.

Ask whatever you'd like and I'll do my best to give you as much information as possible without flying too far into hypothetical land!-
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