On June 8, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Jack Daniel’s Properties, Inc. v. VIP Products LLC. The Court held that a heightened standard for trademark infringement applied by many...more
6/13/2023
/ First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On May 19, 2022, the Federal Trade Commission (FTC) voted unanimously to approve and publish for public comment proposed amendments to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the...more
On February 24, 2022, the U.S. Supreme Court held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. that the safe harbor provision concerning inaccurate information in copyright registrations, as set forth at 17 U.S.C. §...more
[co-author: Avanthi Cole]
Main Quest - How To Tell ROM From Right -
As we review some of the more prominent legal issues that impacted the video game industry this past year and consider what 2022 may have in store,...more
Main Quest - ‘Mint’ Conditions: NFTs and Video Games -
Over the course of the past year, nonfungible tokens (NFTs) have transformed from a relatively niche product for those in the cryptocurrency sector to an increasingly...more
9/17/2021
/ Blockchain ,
Copyright ,
Copyright Infringement ,
eSports ,
First Amendment ,
Gaming ,
Intellectual Property Protection ,
IP License ,
Microsoft ,
Nintendo ,
Non-Fungible Tokens (NFTs) ,
Online Gaming ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Right of Publicity ,
Sony ,
Trademark Infringement ,
Trademarks ,
Video Games
The end of 2020 marked a major turning point for the video game industry on numerous fronts: The precipitous rise in popularity of — and participation in — esports (bolstered, in part, by stay-at-home orders due to the...more
2/22/2021
/ Biden Administration ,
DMCA ,
Endorsements ,
Entertainment Industry ,
eSports ,
Federal Trade Commission (FTC) ,
Gaming ,
Influencers ,
Loot Boxes ,
Online Gaming ,
Proposed Legislation ,
Sponsorship Agreements ,
Video Games
Does My Video Game Violate Consumers’ Privacy Rights?
The California Consumer Privacy Act (CCPA) is the first broad-based state statute aimed at enhancing personal privacy rights for consumers. Following the example set by...more
7/13/2020
/ Abstract Ideas ,
App Developers ,
Appeals ,
Apple ,
California Consumer Privacy Act (CCPA) ,
Celebrities ,
CLS Bank v Alice Corp ,
Consumer Privacy Rights ,
COPPA ,
Copyright Infringement ,
Department of Justice (DOJ) ,
Dilution ,
False Designation of Origin ,
Federal Trade Commission (FTC) ,
First Amendment ,
Google ,
Interactive Gaming ,
Lanham Act ,
Patent-Eligible Subject Matter ,
Right of Publicity ,
Sports ,
Summary Judgment ,
Trademark Infringement ,
Unfair Competition ,
Unjust Enrichment ,
Video Games
On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand Dungarees, Inc. (Lucky...more
5/16/2020
/ Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On April 27, 2020, the U.S. Supreme Court ruled in a 5-4 vote in Georgia v. Public.Resource.Org, Inc., 590 U.S. ____, that pursuant to the “government edicts” doctrine, annotations to Georgia’s state code could not be...more
4/30/2020
/ Annotated Case Law ,
Appeals ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Georgia v. Public.Resource.Org Inc ,
Government Edicts Doctrine ,
Legislative Duties ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Statutory Code ,
The Copyright Act
The use of third-party trademarks in video games is not a new phenomenon. In fact, conflicts between game developers and trademark owners have existed for almost as long as the medium itself.1 Now, however, as games continue...more
3/20/2020
/ Appeals ,
First Amendment ,
Gaming ,
Mobile Apps ,
Online Gaming ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Rogers Test ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Video Games
Main Quest: Does Your Gaming Stream Violate the Copyright Act?
Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more
11/13/2019
/ Abstract Ideas ,
Affirmative Defenses ,
Appeals ,
Artificial Intelligence ,
Contributory Infringement ,
COPPA ,
Copyright Infringement ,
Copyright Ownership ,
Defense Strategies ,
Derivative Works ,
DMCA ,
False Advertising ,
False Designation of Origin ,
Federal Trade Commission (FTC) ,
Games ,
Gaming ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Internet Streaming ,
Loot Boxes ,
Name and Likeness ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Preliminary Injunctions ,
Public Performance Rights ,
Securities and Exchange Commission (SEC) ,
Software Patents ,
The Copyright Act ,
Trademark Infringement ,
Unfair Competition ,
USPTO ,
Vicarious Liability ,
Video Games
The rise of the video game industry in recent years has led to growing scrutiny of certain practices by government officials. Most recently, on August 7, 2019, the Federal Trade Commission (FTC) held a public workshop to...more
9/27/2019
/ Class Action ,
Consumer Protection Laws ,
False Advertising ,
Federal Trade Commission (FTC) ,
Illegal Gambling ,
Legislative Agendas ,
Mobile Apps ,
Online Gaming ,
Risk Assessment ,
Risk Mitigation ,
Software Developers ,
Video Games
In the inaugural issue of Video Gaming / E-Gaming Law Update, we explore the legal risks and consumer protection issues surrounding "loot boxes" and summarize recent judicial decisions and new litigation filings that may...more
8/6/2019
/ Amazon Marketplace ,
Copyright Infringement ,
Digital Assets ,
Federal Trade Commission (FTC) ,
Gambling ,
Gaming ,
Intellectual Property Protection ,
Nintendo ,
Online Gaming ,
Proposed Legislation ,
Regulatory Oversight ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Video Games
On July 27, 2018, the Federal Circuit ruled that a patent applicant’s obligation to pay the U.S. Patent and Trademark Office’s (PTO) “expenses” for district court proceedings to review patent application rejections does not...more
7/31/2018
/ 35 U.S.C. § 145 ,
Administrative Proceedings ,
American Rule ,
Appeals ,
Attorney's Fees ,
En Banc Review ,
Litigation Fees & Costs ,
Patent Examinations ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Reversal ,
Split of Authority ,
Sua Sponte ,
Trademarks ,
USPTO ,
Vacated
On June 28, 2018, the U.S. Supreme Court granted petition for writ of certiorari in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, on appeal from the U.S. Court of Appeals for the Eleventh Circuit’s May 18,...more
7/2/2018
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Petition for Writ of Certiorari ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity