News & Analysis as of

Video Games Trademark Infringement

Kaufman & Canoles

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

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Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...more

Troutman Pepper

IP Protection for Featured Characters in Digital and Physical Media

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The Trademark Trial and Appeal Board (TTAB) recently ruled in In re Joseph A. Stallard (dba Osgoode Media) that Osgoode Media could not register the image of a character as a trademark in connection with a video game....more

AEON Law

Patent Poetry: Videogame Company Awarded $4.3 Million in Damages for “Cheats”

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Bungie, a video game company that created the “Halo” and “Destiny” game series, has been awarded $4.3 million in damages in an arbitration against a creator of cheat software....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

Wilson Sonsini Goodrich & Rosati

Courts Provide Guidance on the Depiction of Real-World Works Including Video Games

Many video games are marketed on the photorealism of their imagery and graphics. However, depending on the depiction, developers and publishers may need to worry about the underlying intellectual property rights in that...more

Wilson Sonsini Goodrich & Rosati

Electronic Gaming Podcast | Copyright and Trademark - Aaron Hendelman and Gary Greenstein

Join Wilson Sonsini Partners Aaron Hendelman and Gary Greenstein as they dig into how copyrights and trademarks can implicate games and gaming companies. With conversation on topics such as: whether you could put Starbucks in...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

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

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“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Foley Hoag LLP - Making Your Mark

A Tale of Two Gorillas: An Underdog (Under-Ape?) Story

March 8 was, according to questionable sources, National Retro Video Game Day in the US. As one of Foley Hoag’s several resident video game nerds, this reminded me of one of my favorite video-game-related IP disputes...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

Dorsey & Whitney LLP

“Running Man” Case Trips, Falls, and Is Dismissed

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Just two months ago, we published a post about an Eastern District of Pennsylvania decision in the Pellegrino v. Epic Games case regarding Epic’s online battle royale video game, Fortnite. In that case, saxophonist Leo...more

JAMS

Keepin' It Real: Courts Recognize the Legitimate Goal of Video Game Makers

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In two recent cases, federal courts have ruled in favor of video game makers regarding their use of certain images in their games. In each instance, the court took note of the video game company’s purpose in using the...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

Dorsey & Whitney LLP

Epic Dance Moves Win Legal Dance-Off (Mostly)

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In a recent decision, Judge John R. Padova of the federal court for the Eastern District of Pennsylvania dismissed seven out of eight of the claims brought by musician Leo Pellegrino alleging that Epic Games unlawfully copied...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

Manatt, Phelps & Phillips, LLP

Fortnite Lawsuit a Battle Over Jack-o’-Lantern Figures

Taking the offensive, Epic Games filed suit against an Omaha news anchor seeking a declaration that its wildly popular video game Fortnite does not infringe his copyright or trademark rights....more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

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

Carlton Fields

Getting Creative With Video Games: Sync Rights and Wrongs

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Back to Basics: A Primer on Intellectual Property Rights in Video Games - In this series, we discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and...more

Carlton Fields

Getting Creative with Video Games: DMCA Takedowns and You

Carlton Fields on

Back to Basics: A Primer on Intellectual Property Rights in Video Games - In this series, we discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and...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

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

Pillsbury - Internet & Social Media Law Blog

How Real Is Too Real? Lawsuits Challenge Video Game Publishers for Including Real-World Content in Virtual Worlds

“For a bunch of hairless apes, we’ve actually managed to invent some pretty incredible things” —Ernest Cline, Ready Player One - It’s an incredible time to be alive. The Digital Age has helped us reached levels of...more

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