The Tetris Company has distanced itself from a new Trump White House online arcade game that appears to draw inspiration from the iconic block-stacking video game, saying it "was not involved" and that it takes copyright infringement "very seriously." The statement came after the White House launched a new online arcade featuring games modeled on classic video game formats and tied to President Donald Trump's policy agenda, including a game called Build the Wall that resembles Tetris. In an Instagram post, the official Tetris account wrote: "The Tetris Company was not involved in the creation of 'Build the Wall.' We take copyright infringement very seriously." The post also appeared to criticize the message of the game, saying: "At Tetris we believe in the power of connection and bringing people together, not dividing them." The company did not comment when asked by Newsweek if they were taking legal action against the White House. The White House arcade debuted on Thursday on Arcade.gov with five retro-style games based on administration priorities, including border enforcement and investment accounts for children.
One title, Build the Wall, asks players to stack blocks into a border barrier, an apparent nod to Trump's long-running immigration policy. A White House official told Newsweek that the administration is “laser-focused” on ways to innovate and tell the story of the “President’s many accomplishments in a way that resonates with every American.” The arcade also drew attention for a promotional video that used branding resembling the logo and jingle of gaming giant Sega, prompting questions about whether the administration's use of references to famous games could create intellectual property concerns. Christopher Buccafusco, a professor and intellectual property expert at Duke University School of Law, told Newsweek that some of the White House's games appear to go beyond simply referencing popular gaming franchises.
"It's pretty clear to me that some of these games tread pretty closely to the intellectual property rights of famous video game companies," he said, adding: While some of them simply call to mind existing games, other aspects of the White House's productions are no doubt meant to track the features of famous trademarks like the Sega logo and jingle." Buccafusco said trademark law can protect parody in some circumstances, but argued that defense is unlikely to apply here. He went on: "Importantly, while trademark law allows parties to engage in parodies of famous marks, the White House's behavior almost certainly does not qualify as a parody. "The White House isn't trying to say anything about Sega or any of the other famous games.
It's simply using Sega's mark to get attention. That behavior is almost never allowed by trademark law." Buccafusco added that being an "homage" to a game franchise would not necessarily provide legal protection. "Similarly, 'homage' is not a recognized concept in intellectual property law, however relevant it might be to artistic practice," he said.
"The only conceivable reason the White House used these trademarks is to get attention." According to Buccafusco, a key issue would be whether consumers could mistakenly believe companies such as Sega or Tetris were involved in creating or endorsing the games. "Part of the question, both for the law and for Sega, is whether people will think that Sega had anything to do with these new games," he noted. "My guess is no, but people can surprise you." He concluded that another consideration would be whether a company believed its brand had been harmed through association with the White House project.
Newsweek reached out to Sega and several other game companies whose graphics have been likened to the White House arcade games. Contact Newsweek editors on this story: Rebecca Flood and Cristina Diciu.
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