Therefore, you could make your clone and just plan on discontinuing it if they threaten you. In most cases a company will threaten infringers before they sue them, because it is a lot cheaper to threaten somebody than sue them. If your clone was a success and became widely used, that would significantly increase the chance you could get sued. It costs them money to sue people, so if your clone is obscure or not used by many people it could fly under the radar and be ignored by the company. Just because your clone is non-infringing doesn't mean they won't sue you. Of course, remember that corporations will sometimes sue just to intimidate people, even if they have a losing case. If you clone the game, but use the game's labels, then you could potentially lose in court. You would have to make a novel board design. What this means is that if you clone the game and use new labels (like new property names and card titles) then you are probably fine. The game mechanics are not copyrightable and can be duplicated. In general, the labels meaning phrases like "Go to Jail" and "New York Avenue" are probably copyrighted and some court decisions have decided that labels are a copyrightable element. The artwork of the game is copyrighted and cannot be duplicated without violating that copyright. You would need to get permission to use that trademark. Monopoly is a trademark of Parker Brothers.
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