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"You Don't Know Jack" Prevails: Jellyvision Wins End to Distribution of Allegedly Infringing Game

 09-01-2001
On the heels of winning a preliminary injunction, Chicago-based Jellyvision, Inc., creator and developer of the best-selling "You Don't Know Jack" games, has obtained the agreement of Trivial Development Corporation (d/b/a TDC Games, Inc.) to stop making or selling TDC's "You Don't Know Dick" game product. The agreement follows shortly after Federal Judge Robert W. Gettleman entered a preliminary injunction against TDC in a lawsuit brought in the United States District Court for the Northern District of Illinois, Jellyvision, Inc. v. Trivial Development Corporation, No. 01 C 6160. The Chicago-based litigation law firm of Novack and Macey successfully represented plaintiff Jellyvision.

Jellyvision filed the suit in August 2001, claiming that TDC's "You Don't Know Dick" game infringed upon and unfairly competed with valuable, federally-registered trademarks associated with Jellyvision's "You Don't Know Jack" line of games. Launched in 1995, "You Don't Know Jack" earned quick and enduring fame as an irreverent, interactive game that tests players' knowledge of both high culture and pop culture. "You Don't Know Jack" can be played in a variety of versions and several different languages, including on CD-ROM, over the internet, on the Sony PlayStation and in a table top game. The ABC television network aired a version of "You Don't Know Jack" as a summer replacement series during 2001.

The suit alleged that TDC tried to capitalize on Jellyvision's success and reputation by offering a game product with a name and artwork that were each confusingly similar to that of "You Don't Know Jack." Jellyvision claimed that features of TDC's "You Don't Know Dick" bore a resemblance to "You Don't Know Jack" that was striking and not coincidental-including titles that looked and sounded alike, packaging for each game that featured photographs of men with large foreheads, that each was a self-described party game that tested the knowledge of adult players, and that each game had a smart-aleck host. The federal court preliminary injunction required TDC to stop manufacturing or distributing its "You Don't Know Dick" game, and to recall the game from certain distributors.

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