News & Analysis as of

Video Games

Avatars, Facial Scans & Virtual Basketball: Second Circuit Tosses Biometric Privacy Case

A recent federal appellate ruling delivered a significant blow to invasion of privacy claims based on facial recognition technology used to scan users’ faces that are then put on their personalized players “in-game,” allowing...more

Good News for Game Developers: Court Extends Protections for Using Others’ Trademarks in the Advertising of Artistic Works

by Fenwick & West LLP on

In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an...more

Appeals Court Affirms Dismissal on Standing Grounds of Biometric Privacy Suit over Videogame Facial Scan Feature

With the flood of Illinois biometric privacy suits lodged against employers in recent months, and multiple biometric privacy suits against social media and other mobile platforms currently pending over the use of photo...more

Allegations of Procedural Biometric Data Privacy Violations Not Enough for Class Action, Says Appeals Court

by Fenwick & West LLP on

The U.S. Court of Appeals for the Second Circuit on Nov. 21, 2017, affirmed the dismissal of a putative class action alleging violations of the Illinois Biometric Information Privacy Act for failing to allege a material risk...more

Worth Another Look – Gaming Expansion

The legislature recently passed H.B. 271 (Ortitay, R-Allegheny), one of, if not the largest, gaming expansion bills seen across the country. It’s estimated that nearly $238 million in application and license fees will be...more

At Stake

by Fox Rothschild LLP on

The Illinois Gaming Board (IGB) held its monthly meeting on November 16, 2017 in Chicago. Before discussing the summary of the meeting, we wanted to take this opportunity to remind licensees that while the holiday season is...more

Video Game Software Industry Seeks a Final Disabilities Access Waiver Extension

by Kelley Drye & Warren LLP on

The Federal Communications Commission (“Commission” or “FCC”) recently released a Public Notice seeking comment on a petition filed by the Entertainment Software Association (“ESA”) seeking a one year final extension of its...more

Is the Reproduction of a Branded Product in a Depiction of Real Life an Infringement?

AM General LLC, maker of HUMVEE®-branded vehicles, has sued Activision Blizzard, Inc., Activision Publishing, Inc., and Major League Gaming Corp. in the Southern District of New York for using AM General’s trademarks and...more

Call of Duty Trademark Lawsuit: A Humvee Humdinger

by Winthrop & Weinstine, P.A. on

AM General, manufacturer of Humvee military vehicles, has sued Activision Blizzard for trademark infringement, based on the use of the “Humvee” and “HMMWV” marks for the virtual military vehicles displayed in...more

Talent Software – Perfect Solution Or Perfect Storm?

by Jackson Lewis P.C. on

Using talent-finder software to simplify hiring decisions is all the rage. Hiring managers across the country love the idea that one of their most difficult tasks – hiring – can now done through software. So, what is good...more

Alert: When Will Video Game Software Need to Meet FCC Accessibility Requirements?

by Cooley LLP on

Since 2010, equipment and technology that allow consumers to communicate with each other using "advanced communications services" (ACS) has been required to provide access for consumers with disabilities. For video games,...more

E-Sports Trademark Updates: MLB, Blizzard, ELEAGUE, and adidas

by Winthrop & Weinstine, P.A. on

With the growing popularity of e-sports (multiplayer video-game sports competitions, often played by professional gamers for spectators–also stylized “eSports”), I’ve seen an increasing number of trademark disputes not only...more

Are Loot Boxes An Illegal Gambling Mechanic?

A member of the United Kingdom’s Parliament has opened an inquiry into the legality of loot boxes. Loot boxes are virtual items that may be redeemed to receive a randomized selection of additional virtual items. Various...more

PTAB Sheds Light On Video Game Patent Validity

The Patent Trial and Appeal Board (PTAB) recently upheld the patentability of a video game-related patent, ruling the computer graphics features were not obvious over the prior art. The patent (US Patent 7,061,488) address...more

Stars Group Powers Up With New Video Game-Inspired Poker Game

by Ifrah PLLC on

The gaming industry – like many others – is constantly asking: what’s next? What is the next game or platform or innovation that will attract new players? To bring in new players and fans, many traditional casino operators...more

PTAB Institutes IPR Despite Potential Time Bar to Petition

On October 6, 2017, the Patent Trial and Appeal Board (the “Board”) granted institution of inter partes review under 35 U.S.C. § 103(a) of claims directed to an online game. Notably, institution was granted despite the Board...more

Can Cloned Video Games Survive the Battle Royale?

Cloning is the process of creating a video game that is significantly motivated or inspired by an existing popular video game or series. Developers have been cloning popular video games since the 1980s, including Tetris,...more

At Stake

by Fox Rothschild LLP on

L’Shana Tova! The Illinois Gaming Board (IGB) held its monthly meeting on Rosh Hashanah, September 21, 2017, in Chicago. Below is a brief summary of the events of the Riverboat and Video Gaming meetings in which all Board...more

Taking His Talents To The Southern District Of New York: Are LeBron James’ Tattoos Subject To Copyright?

by Weintraub Tobin on

With nearly 30% of Americans sporting at least one tattoo (up from 20% just four years ago), tattoos are becoming commonplace. This is even clearer among younger Americans, with nearly half of Millennials sporting ink. ...more

“Let’s Play:” DMCA Takedown Notices and Game Developer Acquiescence

There is an entire gaming sub-culture developed around watching others play video games. I’m not talking about gathering around the Game Cube in your friend’s basement and passing the only controller. “Let’s Play” videos...more

Video Game Network Patent Found to Be Patent Eligible – Not an Abstract Idea

The Federal District Court in Delaware recently denied a motion to dismiss a patent infringement case involving a video game networking technology patent based on the patent allegedly being invalid for lack of...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Dealbook’s Street Scene column suggests that Wells Fargo would do well to forget about perceptions and start getting down to the hard business of fixing the “appalling behavior” that’s behind the ugly series of scandals that...more

Game Over for Nestlé? Atari Sues Over “Breakout” Kit-Kat Ads

For most of us, video games and candy go together perfectly, but that doesn’t mean they always get along. In fact, last week the “original” video game company, Atari Interactive, sued food and candy behemoth Nestlé in...more

Plaintiff in Gridiron Battle Over Place of Expert Testimony in Software Copyright Claim Requests Supreme Court to Be Referee

by Dorsey & Whitney LLP on

The software engineer who first coded the popular “John Madden Football” (now Madden NFL) computer video game has asked the U.S. Supreme Court to allow expert witness testimony to support his software copyright claim, over 25...more

Creator Of NBA 2K16 Warns Tattoo Lawsuit Could Leave Lasting Impression

by Fox Rothschild LLP on

A multi-million dollar lawsuit for copyright infringement against Take Two Software, the creators of NBA 2K16 has proved to be anything but a slam dunk. The alleged infringement concerns player avatars displaying tattoos...more

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Cybersecurity

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