News & Analysis as of

Virtual Goods

Dechert LLP

Virtual Reality Check: EUIPO's Bold Move on Virtual Goods vs. Real-World Services

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The phrase “interesting recent decision” is sometimes overused, but in a notable decision, the EUIPO recently addressed a novel issue: whether retail services for virtual goods (specifically, "retail services in relation to...more

Morrison & Foerster LLP

All Your Sale Are Belong to Us - Mitigating IP and Payments Risk in In-Game Economies

The digital age has ushered in innovative forms of entertainment and commerce, including through the development of in-game economies. In recent years, the digital landscape of gaming has expanded beyond mere entertainment,...more

Quarles & Brady LLP

China Starts Registering Trademarks Filed for NFTs and Virtual Goods in the Metaverse

Quarles & Brady LLP on

The Trademark Office of the China National Intellectual Property Administration (“Chinese Trademark Office” or “the Office”) has recently approved a slew of marks filed for non-fungible tokens (“NFTs”) and other goods and...more

BakerHostetler

Crypto Firms Expand Offerings; FATF Publishes Virtual Assets Update; CFTC Continues Crypto Enforcement; Israeli Agency Seizes...

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Crypto Firms Expand Offerings in Stablecoins, Private Key Management - The issuer of the Pax Dollar (USDP) stablecoin recently announced that USDP is now available to all Mexican customers of a major Latin American online...more

Latham & Watkins LLP

Dubai Virtual Assets Regulation Authority Enacts New Regime to Regulate Virtual Assets

Latham & Watkins LLP on

The new regime specifies licensing and reporting requirements for a range of activities related to virtual assets in the Emirate of Dubai. On February 7, 2023, the Dubai Virtual Assets Regulation Authority (VARA) adopted...more

Kramer Levin Naftalis & Frankel LLP

Expanding Uses for NFTs Lead to New Legal Frontiers

Despite the ongoing “Crypto Winter,” the use of NFTs continues to rise. NFTs are associated most often with pictures, videos, and music, but developers have been finding many new and useful applications for them. As the...more

Hogan Lovells

The digital future: UK land transactions and the metaverse

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Staking a claim over land is a concept that we are all familiar with, but what happens when “land” ceases to be physical land as we know it, or put simply when real estate ceases to be real – how might we transact with...more

Faegre Drinker Biddle & Reath LLP

Considerations for Applying to Register Trademarks in Connection with Virtual Goods and Services ‒ An Overview on Protecting Your...

Due to the sheer volume of recent media coverage, readers of this blog are likely familiar with the “metaverse,” or the idea of a virtual world where users can interact with an immersive computer-generated environment,...more

Venable LLP

Digital Good v. Digital Receipt: The Dispute Over StockX's Use of Nike Trademarks in NFTs

Venable LLP on

In 2019, the global sneaker resale market equaled $6 billion. By 2030, some analysts predict it will top $30 billion. At the cutting edge of that growth are companies like StockX, a Detroit-based company that, along with...more

Latham & Watkins LLP

Dubai Issues Landmark Law to Promote Development of Virtual Assets Market

Latham & Watkins LLP on

The new law establishes the Dubai Virtual Assets Regulatory Authority and identifies activities to be regulated, such as operating virtual asset platforms. On March 11, 2022, Dubai Law No. 4 of 2022 on the Regulation of...more

Pillsbury - Gravel2Gavel Construction & Real...

Investing in Metaverse Real Estate: Mind the Gap Between Recognized and Realized Potential

The Metaverse is an immersive world combining virtual reality and augmented reality, where users are represented by avatars and roam virtual spaces. It comprises a variety of platforms and environments that can be explored,...more

Wilson Sonsini Goodrich & Rosati

Recent Rulings Suggest Defendant Wins in Loot Box Cases Are Common, Appeals All Pending

In recent years, there has been an increase in putative class actions alleging that game developers, game publishers, and even platforms should be liable for alleged harms flowing from loot boxes in mobile or other electronic...more

Lathrop GPM

Should I File Trademark Applications to Cover My Brands in the NFT/Metaverse/Virtual Worlds Space?

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Trademark filings in the metaverse and non-fungible tokens (NFTs) space are a hot topic these days in the media and IP Bar, and many brand owners are asking themselves whether it’s time to join in or risk being left behind....more

ArentFox Schiff

The Metaverse: Fashion’s New Frontier?

ArentFox Schiff on

The fashion industry is known for taking creative risks, so it is understandable that the industry is taking its next steps—literally—out of this world. Big name labels and innovative fashion start-ups are setting their...more

K2 Integrity

Proposal to Revise Recordkeeping and Travel Rule Requirements Poses Implementation Challenges for FIs and VASPs

K2 Integrity on

The U.S. Financial Crimes Enforcement Network (FinCEN) and the Board of Governors of the U.S. Federal Reserve System (FRB) proposed new rules that would expand the applicability of recordkeeping and travel rule requirements,...more

Perkins Coie

Blockchain Week in Review - September 2020 #2

Perkins Coie on

U.S. Developments - Federal and State Regulatory Developments - U.S. Department of Homeland Security Issues Challenge for Development of Trusted User Interface for Digital Wallets - The U.S. Department of Homeland Security...more

Manatt, Phelps & Phillips, LLP

Proposed Washington Gambling Law Changes Aimed at Keeping State Video Gaming Industry Around

In response to the Ninth Circuit’s decision in Kater v. Churchill Downs Inc., Washington State’s legislature is attempting to redefine what constitutes “illegal gambling games” within the meaning of the state’s Recovery of...more

Carlton Fields

You've Been Served: The Legal Effects of Games as a Service (GaaS)

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The video game industry has undergone a seismic shift from a fixed-goods delivery model to one that instead treats games as a service. Join the LAN Party Lawyers as they discuss this industry shift, what it means for players...more

White & Case LLP

Game over for loot boxes?

White & Case LLP on

The findings of the UK's Immersive and Addictive Technologies Inquiry may significantly impact the economics of video game companies. Executive summary - On 12 September 2019, the UK government's Digital, Culture, Media...more

Dickinson Wright

Video Game Industry Responds to Regulation of Pay-To-Win Microtransactions and Loot Boxes

Dickinson Wright on

Controversy over certain video game features – “microtransactions,” “pay to win” and “loot boxes” – has heated up over the past few months. Because these popular features involve real money and an element of chance, some...more

A&O Shearman

Financial Action Task Force Publishes Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers

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The Financial Action Task Force has published the outcomes of its third and last Plenary meeting under the U.S. Presidency in Orlando on June 19-21, 2019. The FATF considered key issues such as strategic initiatives, mutual...more

Fenwick & West LLP

Google Play Now Requires Disclosure of Loot Box Odds

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Google’s latest update to its Google Play policies now requires app developers to disclose the odds of receiving virtual items from loot boxes prior to purchase of the loot box. The change brings Google Play into lockstep...more

Sheppard Mullin Richter & Hampton LLP

All Bets are On! Gambling and Video Games - How the Evolution of Games Has Led to a Rise in Gambling Concerns

Recently, there has been a frenzy of legal activity with U.S. gambling laws and the number of gambling-related legal issues with video games. U.S. gambling laws have changed more in the past few years than they have in a long...more

Sheppard Mullin Richter & Hampton LLP

Loot Box Saga Continues

The flurry of proposed legislative activity around loot boxes continues. State Rep. Rick Hansen (DFL-South Saint Paul) introduced H.F. 4460in Minnesota this week. H.F. 4460 would prohibit game purchases that result in random...more

Sheppard Mullin Richter & Hampton LLP

Netherlands Declares Certain Loot Boxes Gambling; Warns of Coming Enforcements

As we have previously reported, the subject of loot boxes has received increasing scrutiny around the world. In one of the most recent pronouncements, the Dutch Gambling Authority (the “Authority”) declared the loot box...more

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