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[Update] Hex: Shards Of Fate Creators Sued By Magic: The Gathering Creators
Update: Cryptozoic and Hex Entertainment have responded to Wizards of the Coast's intellectual property infringement claim. The company posted the following statement on its website:
As you may be aware, Wizards of the Coast recently filed a lawsuit against Cryptozoic Entertainment, LLC and Hex Entertainment, LLC in the Western District of Washington. The complaint alleges various similarities between HEX: Shards of Fate and Magic: The Gathering.
Although we take all pending litigation seriously, we do not find any merit to the allegations in the complaint. We do not expect this frivolous legal action to impact our efforts to deliver a compelling and entertaining game experience to our customers.
HEX: Shards of Fate is a digital only MMO-TCG that attempts to innovate what a digital trading card game can be. Its digital only nature allows it to push the boundaries in ways a traditional paper TCG never could. As a small company, the daunting task of defending ourselves from the bullying of a much larger corporation is difficult, but we are committed to HEX: Shards of Fate and ultimately we will prevail.
We respect intellectual property rights, but the right to make a TCG is not exclusive to WOTC. Many TCGs can, and do, coexist consistent with any IP rights WOTC might have. While IP rights are important, so is fair competition. WOTC cannot snuff out fair competition with frivolous infringement assertions.
Further, we ask that you respect the duties and obligations of the HEX team members during this time. Any questions or comments should be directed to legal@hextcg.com. All inquiries will be read but please understand that because of the nature of this matter, not all questions can be responded to at this time.
-The HEX Team
Original Story:
Wizards of the Coast, the creators of the popular Magic: The Gathering card game, are suing Cryptozoic and Hex Entertainment claiming its game Hex: Shards Of Fate is a clone of its long-running card game.
Wizards of the Coast released a statement regarding the lawsuit on its website, which you can see below:
Today Wizards of the Coast LLC, a subsidiary of Hasbro, Inc. (NASDAQ: HAS), filed a lawsuit in the United States District Court for the Western District of Washington against Cryptozoic Entertainment, LLC and its alter ego, Hex Entertainment, LLC (collectively, “Cryptozoic”), for willful infringement of intellectual property rights.
Cryptozoic develops and publishes the digital trading card game, Hex: Shards of Fate, a clone of the world famous tabletop collectable trading card game, Magic: The Gathering®, and its digital expressions, Magic Online® and the Magic: The Gathering – Duels of the Planeswalkers® franchise.
“Hasbro and Wizards of the Coast vigorously protect our intellectual property. This infringement suit against Cryptozoic demonstrates that while we appreciate a robust and thriving trading card game industry, we will not permit the misappropriation of our intellectual property” said Barbara Finigan, Senior Vice President and General Counsel of Hasbro. “We attempted to resolve this issue, but Cryptozoic was unwilling to settle the matter.”
The suit includes claims for copyright, patent and trade dress infringement.
Hex: Shards of Fate is the product of a highly successful Kickstarter campaign that raised more than $2,000,000 with a $3000,000 goal. For more on the game, head here. Hex: Shards of Fate is currently available to purchase as an early access title.
We've reached out to Cryptozoic and Hex Entertainment in order for a statement on the lawsuit and will update this story if we hear back.
For the full press release, head to page two.
[Source: Wizards of the Coast, via Kotaku]
Our Take
This seems like it would be a difficult case to prove in a court of law. Many card games are at least somewhat inspired by the mechanics set in place by Magic: The Gathering. I'm sure Hex shares similarities with Wizards of the Coast's game, but to call it a direct clone is a bold statement.
Wizards of the Coast Files Complaint Against Cryptozoic Entertainment and Hex Entertainment for Copyright, Patent and Trade Dress Infringement
May 14, 2014 (Renton, WA) – Today Wizards of the Coast LLC, a subsidiary of Hasbro, Inc. (NASDAQ: HAS), filed a lawsuit in the United States District Court for the Western District of Washington against Cryptozoic Entertainment, LLC and its alter ego, Hex Entertainment, LLC (collectively, “Cryptozoic”), for willful infringement of intellectual property rights.
Cryptozoic develops and publishes the digital trading card game, Hex: Shards of Fate, a clone of the world famous tabletop collectable trading card game, Magic: The Gathering®, and its digital expressions, Magic Online® and the Magic: The Gathering – Duels of the Planeswalkers® franchise.
“Hasbro and Wizards of the Coast vigorously protect our intellectual property. This infringement suit against Cryptozoic demonstrates that while we appreciate a robust and thriving trading card game industry, we will not permit the misappropriation of our intellectual property” said Barbara Finigan, Senior Vice President and General Counsel of Hasbro. “We attempted to resolve this issue, but Cryptozoic was unwilling to settle the matter.”
The suit includes claims for copyright, patent and trade dress infringement.
About Magic: The Gathering
Magic: The Gathering is the world’s best strategy game with more than 20 million players and fans worldwide. Through a unique blend of digital game play and face-to-face play opportunities in more than 6,000 hobby game stores around the world, Magic offers a robust gaming experience for its global community of passionate fans. For more information, visit magicthegathering.com.
About Wizards of the Coast, LLC
Wizards of the Coast LLC, a subsidiary of Hasbro, Inc. (NASDAQ:HAS), is the leader in entertaining the lifestyle gamer. Wizards' players and fans are members of a global community bound together by their love of both digital gaming and in-person play. The company brings to market a range of gaming experiences under powerful brand names such as MAGIC: THE GATHERING, DUNGEONS & DRAGONS, and KAIJUDO. Wizards is also a publisher of fantasy series fiction with numerous New York Times best-sellers. For more information about our world renowned brands, visit the Wizards of the Coast Web site at www.wizards.com.
About Hasbro, Inc.
Hasbro, Inc. (NASDAQ: HAS) is a branded play company dedicated to fulfilling the fundamental need for play for children and families through the creative expression of the Company's world class brand portfolio, including TRANSFORMERS, MONOPOLY, PLAY-DOH, MY LITTLE PONY, MAGIC: THE GATHERING, NERF and LITTLEST PET SHOP. From toys and games, to television programming, motion pictures, digital gaming and a comprehensive licensing program, Hasbro strives to delight its global customers with innovative play and entertainment experiences, in a variety of forms and formats, anytime and anywhere. The Company's Hasbro Studios develops and produces television programming for more than 180 markets around the world, and for the U.S. on Hub Network, part of a multi-platform joint venture between Hasbro and Discovery Communications (NASDAQ: DISCA, DISCB, DISCK). Through the company's deep commitment to corporate social responsibility, including philanthropy, Hasbro is helping to build a safe and sustainable world for future generations and to positively impact the lives of millions of children and families every year. It has been recognized for its efforts by being named one of the "World's Most Ethical Companies" and is ranked as one of Corporate Responsibility Magazine's "100 Best Corporate Citizens." Learn more at www.hasbro.com.
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