News & Analysis as of

Video Games First Amendment

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - January 2024 #3

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A swimmer who broke his ankle in a 2017 race organized by a Malibu beach club had his negligence lawsuit against the club owners restored, after a California state appeals court ruled that a retired lifeguard captain’s...more

Dorsey & Whitney LLP

In the Eyes of the Law, Driving Simulation Games Are Works of Art

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Sometimes, the best place to determine whether a work qualifies as art is in a courtroom. In a recent decision, Judge John H. Chun of the District Court for the Western District of Washington found that a driving simulator...more

Proskauer Rose LLP

Three Point Shot - Dec 2021

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – September 2021

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

Proskauer Rose LLP

Three Point Shot - October 2020

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials....more

Dorsey & Whitney LLP

Accurately Depicting Athletes in Video Games: The Royal Rumble Continues

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If you are a fan of legal decisions about professional wrestlers, tattoos, video games or video games about professional wrestlers with tattoos, 2020 has been an exciting year for you. This past Spring, in Solid Oak Sketches,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update - June 2020

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

Sunstein LLP

Activision Wins the (Trademark) War: First Amendment Protects Depiction of Humvees in Realistic Video Games

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A federal judge in New York recently held that the First Amendment right to convey realism in video games can outweigh trademark rights. Activision Blizzard makes one of the world’s most popular video games. Call of Duty...more

Mintz - Trademark & Copyright Viewpoints

First Amendment May Protect Use of Trademarks As Artistic Expression

In a recent decision from the Southern District of New York, Judge George B. Daniels held that the strong First Amendment interests in protecting free artistic expression warranted summary judgment that Activision Blizzard’s...more

Greenberg Glusker LLP

[Webinar] Entertainment & IP Cases You May Have Missed While Quarantining - May 19th, 10:00 am - 11:00 am PT

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Please join us as three of Greenberg Glusker’s entertainment and media litigators present a round-up of notable intellectual property and entertainment cases from the past few months that you may have overlooked during the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update - March 2020

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

ArentFox Schiff

Court Body-Slams Wrestler’s Claim That Gears of War Video Game Character Infringed His Publicity Rights

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Lenwood Hamilton, also known as Hard Rock Hamilton, claimed that Gears of War character Augustus Cole infringed his publicity rights because the video game character had a number of features he felt were identified with him....more

Sunstein LLP

Humvee Goes Into Battle: Will Its Trademarks Leave Tread Marks on Video Game Makers?

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The realism of video games is intensified by the inclusion of products and brands we recognize from daily life. Can the thrill of such verisimilitude coexist alongside the rights of trademark owners?...more

Sheppard Mullin Richter & Hampton LLP

Celebrity Entertainer Sues Over Video Game Avatar

As real-world celebrities continue to expand the reach of their persona into the digital realm, the potential benefit for advertisers, game developers and esports event promoters is exceedingly high. But with increased...more

ArentFox Schiff

It’s War: Humvee Takes On Activision Over Call of Duty Video Game

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AM General, LLC, owner of the intellectual property associated with the HUMVEE all-terrain military vehicle, has sued popular game maker Activision Blizzard, Inc. over the inclusion of HUMVEE intellectual property in the CALL...more

Perkins Coie

Changing Landscape for Video Game Developers in Third-Party IP Suits?

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What do the manufacturer of a military-grade light tactical wheeled vehicle and a 19th century private-detective agency have in common? Each has recently been involved in litigation with a video game developer for infringing...more

Fenwick & West LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

Court Enjoins Milwaukee Over AR Location-based Game Ordinance

A U.S. District Court Judge issued a preliminary injunction against enforcing a Milwaukee county ordinance requiring a permit before implementing certain AR location-based games. As we previously reported, Candy Lab AR,...more

Kelley Drye & Warren LLP

VR/AR in a Real World

In case you have been living under a rock, virtual reality (VR) and its first cousin, augmented reality (AR), have arrived. The highly publicized and long-awaited head-mounted displays (HMDs), the headsets through which the...more

Manatt, Phelps & Phillips, LLP

Manatt Digital Media - March 2016

In this newsletter, we take a detailed look at the world of virtual reality with an emphasis on the potential legal issues that exist in this area of media that is still in its infancy....more

Dorsey & Whitney LLP

U.S. Supreme Court Punts on Dispute Involving NFL Players’ Publicity Rights

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The Supreme Court passed on an opportunity to review a recent appellate court decision holding that a video game publisher is not protected by the First Amendment for using the likenesses of former NFL football stars in the...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Jackson Walker

Stacy Allen Speaks: The Good, The Bad, And The Ugly: Unpopular Celebrities And The Right Of Publicity

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In retrospect, the victories won by former college football stars in their right of publicity lawsuits against Electronic Arts and its hugely popular NCAA Football videogame franchise are hardly surprising. How could anyone...more

McDermott Will & Emery

First Amendment Protects Use of Third-Party’s Trademark in Video Game

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Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. et al. - Confirming that video games, including customizable multi-player games, qualify as expressive works entitled to First Amendment protection, a California...more

Weintraub Tobin

Electronic Arts and its Disrespect for the Game

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On September 11, 2014, the Ninth Circuit heard oral argument on the appeal in Davis v. Electronic Arts (Case No. 12-15737), a class action lawsuit brought by three former NFL Players against Electronic Arts (“EA”), the...more

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