Court denies 6waves’ petition to dismiss Spry Fox lawsuit

Gamasutra reports 6waves’ petition to dismiss the lawsuit brought against it by developer Spry Fox has been denied by a U.S. court, stating Spry Fox plausibly identified enough copying in their suit to file for relief.

Spry Fox filed the original lawsuit against 6waves in January over the iOS game Yeti Town, a clone of the former’s popular game Triple Town. In the suit, Spry Fox said it was seeking $100,000 in damages and any profits 6waves had received from Yeti Town (for an amount no less than $500,000). On its blog, Spry Fox explained that it was in publishing negotiations with 6waves over Triple Town, which gave the latter access to the game’s private beta months before it was released on iOS and that there were non-disclosure agreements in place.

When we talked to 6waves CEO Rex Ng in April, he told us his company had moved to have the case dismissed but declined to go into any detail. The court clearly disagreed, since the new filing says Triple Town and Yeti Town are undeniably similar and, “those similarities pervade the games, from their underlying concepts to their rules to the visual appearance of their characters and backgrounds.”

While the court’s filing mentions the similarities between the two games, it also notes there are differences between them but Spry Fox’s allegations satisfy both intrinsic and extrinsic tests.

The dismissal of 6waves’ petition comes at a particularly inopportune time for the developer, which was already having a rough week. Six days ago, the developer laid off six full-time staffers from its U.S. office, reducing its North American team to only seven full-time employees.

We’ve reached out to both Spry Fox and 6waves for statements, but have yet to receive responses.

Tumblr Marketing

Mediabistro Course

Tumblr Marketing

Starting December 1, learn how to market using the most popular visual blog! In this course, you’ll learn how to develop a strategy for your own Tumblr account, get people to read and share your content, and integrate your marketing efforts with other social platforms. Register now!

 

Leave a Reply

2 Responses to “Court denies 6waves’ petition to dismiss Spry Fox lawsuit”

  1. Lastest Facebook Clone News | Script LD says:

    [...] Court denies 6waves' petition to dismiss Spry Fox lawsuit Spry Fox filed the original lawsuit against 6waves in January over the iOS game Yeti Town, a clone of the former's popular game Triple Town. In the suit, Spry Fox said it was seeking $ 100,000 in damages and any profits 6waves had received from Yeti … Read more on Inside Social Games [...]

  2. Update: 6waves, Spry Fox settle Triple Town cloning suit says:

    [...] a month after a Seattle court denied 6waves’ request to dismiss the suit, stating the games were similar enough in both concept and visual presentation for Spry Fox’s case to [...]

Get the latest news in your inbox
interested in advertising with inside social games?

Social Media Jobs
of the Day

Social Media and Online Assistant

Education Management
Chester, PA

Web Content Creator

John Paul Mitchell Systems
Los Angeles, CA

Social Media Specialist

Penske Media Corp.
Los Angeles, CA

Director of Marketing

Broadway Across America
Baltimore, MD

Featured Company

Join leading companies like this one and recruit from the nation's top media job seekers on the Mediabistro Job Board. Every job post comes with our satisfaction guarantee. Learn More
 

Our Sponsors

Mediabistro A division of Prometheus Global Media home | site map | advertising/sponsorships | careers | contact us | help courses | browse jobs | freelancers | content | member benefits | reprints & permissions terms of use | privacy policy Copyright © 2014 Mediabistro Inc. call (212) 389-2000 or email us