Trademark News & Screw-ups Atari sues Nestle, says Kit Kat video game ad violates Breakout copyright

Copyright doesn't protect the underlying idea behind the code, just the code itself. Same goes for the images: the actual game screens may be protected but with graphics as basic as this, it's not difficult to overcome attacks of copyright infringement. That's why there were dozens if not hundreds of breakout clones out there. I don't see how it could be trademark infringement either, because obviously Kitkat is not in the video games business, so there is virtually no likelihood of confusion either.

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