Complaint Asserting Substantial Similarities Between Video Games Survives Dismissal Bid

A video game maker that alleged in its complaint that a competitor’s game had a similar plot, theme, characters, and appearance to its own game adequately asserted a copyright infringement claim for purposes of surviving a motion to dismiss under Fed. R. Civ. P. 12(b)(6), the U.S. District Court for the Western District of Washington held Sept. 18 (Spry Fox LLC v. Lolapps Inc., W.D. Wash., 2:12-cv-00147-RAJ, 9/18/12).

The court held that the plaintiff had adequately pled that the defendant company, which had previously been engaged by the plaintiff to develop a version of its popular video game ...