A deepfake is an image or video of a person, often a celebrity, who has been digitally altered using an artificial intelligence (“AI”) application to appear to be someone else. Deepfake technology has the potential to be...more
Welcome to Issue 4 of the Dorsey Legal Arcade, our newsletter chronicling legal developments impacting the video game industry. At Dorsey & Whitney LLP, we have a strong international practice and an interest in changes in...more
3/2/2023
/ Augmented Reality ,
China ,
Emerging Technologies ,
Emerging Technology Companies ,
eSports ,
Gaming ,
Loot Boxes ,
Online Gaming ,
Online Safety for Children ,
Video Games ,
Virtual Reality
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
11/23/2022
/ Artistic Works ,
First Amendment ,
Intellectual Property Protection ,
Lanham Act ,
Likelihood of Confusion ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition ,
Unjust Enrichment ,
Video Games
Typically, Godzilla and other kaiju (Japanese for “strange beast” and also referring to a genre of fiction involving giant monsters) use their armored skin, massive size, and superpowers to protect themselves against almost...more
On September 27, 2021, the National Music Publishers’ Association (“NMPA”) issued a press release stating that it had settled its claims against video game company Roblox, bringing an end to the copyright infringement case...more
Any fan of Nintendo games and consoles can tell you that the company’s most iconic virtual villain is King Bowser Koopa, generally referred to as simply “Bowser.” In a strange instance of life imitating art, Nintendo filed a...more
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
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
6/16/2020
/ Avatar ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Music ,
Right of Publicity ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Video Games ,
YouTube
Even devoted comic book fans and other true believers might not know that the term “Comic-Con” is meant to refer to the king of comic conventions - the San Diego Comic Convention (“SDCC”) - not all comic conventions in...more
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
Tattoos have been around since ancient times, all around the world, for over 5000 years. Nonetheless, it’s probably fair to say that when Congress drafted each version of the Copyright Act, its members were thinking more...more
In the past few years, retrogaming – collecting and playing video games from past generation consoles – has become incredibly popular. However, retrogaming raises some interesting copyright issues for both IP owners and...more
On November 6, 2019, I discussed a licensing dispute regarding Ms. Pac-Man between Bandai Namco and AtGames Holdings. At that time, Bandai Namco sought a preliminary injunction against AtGames based on AtGames’ alleged...more
1980 was a momentous year. Not only was it the year in which the Rubik’s Cube was first released, it was also when approximately 350 million people worldwide finally learned who shot J.R. on TV’s “Dallas” (spoiler alert: it...more
11/6/2019
/ Acquisitions ,
Arbitration ,
Assignments ,
Commercial Use ,
Contract Disputes ,
Copyright ,
Games ,
Infringement ,
Intellectual Property Protection ,
IP Assignment Agreements ,
IP Litigation ,
License Agreements ,
Royalties ,
Trademarks ,
Video Games
One year ago, I wrote a post about the Lohan v. Take-Two Interactive case in which Lindsay Lohan thought she recognized her image in Take-Two’s Grand Theft Auto V (“GTAV”) video game. Many people who notice that they resemble...more
4/25/2019
/ Cease and Desist ,
Celebrities ,
Dismissals ,
Fair Use ,
First Amendment ,
Intellectual Property Protection ,
Right of Publicity ,
Royalties ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition
The recent decision of DeLorean v. DeLorean Motor Co. is no doubt significant to the parties as well as attorneys and courts who will cite it in future briefs and decisions. However, it is also important because it...more
10/26/2018
/ Beneficiaries ,
Covenant Not to Sue ,
DeLorean ,
Estate Claims ,
IP License ,
Logos ,
Manufacturers ,
Movies ,
Royalties ,
Settlement Agreements ,
Tortious Interference ,
Trade Dress ,
Trademark Infringement ,
Trademarks ,
Unjust Enrichment
When you play the video game Grand Theft Auto 5 (“GTA 5”), the last thing you want to see is a reflection of yourself. GTA 5 is an action-adventure game that rewards the player for stealing cars and speeding away from cops....more