Video Game Law Blog

July 03, 2005

Incredible Technologies Inc. created a golf video game called Golden Tee. A competitor created a similar game called PGA Tour Golf. Incredible Technologies sued.

As part of the lawsuit, Incredible Technologies asked the court for a preliminary injunction to stop the competitor's game from being sold before trial. The court refused to grant the injunction, and the Federal Court of Appeals (7thCircuit) agreed. 

The court acknowledged that the two games were visually very similar. However, copyright does not protect the idea of video golf, nor does it prevent a competitor from showing golf course scenery in a golf game. In other words, in order to make a golf video game, you need to show golf clubs, golf balls, fairways and (for us) sand traps, water hazards and forests.
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