In theory. In practice, depends what judge you pull, and you'd better have deep pockets for legal fights.
My friends made a Tetris-like game (under a different name, with unrelated art, just broadly similar rules) and were sued out of existence by The Tetris Company. Even though they were legally in the clear according to theoretical analysis, the judge took a brief look and decided "this seems like it should be a violation" and summarily decided in the Tetris Company's favor, without even engaging with any of the issues involved. Their pro-bono lawyers decided they didn't have the resources to mount an appeal, so that was the end of that.