Video Game Law

July 26, 2016 In Blog, Trademark, Video Game Law

“The importance of trademarks in esports” – my guest article on Streamer News

It's hard to overstate the importance of trademark protection in esports. However, esports competitors are failing at protecting their trademarks and branding. I recently wrote about this issue on Streamer News. In the article, I discuss what trademarks are, the current trademark landscape in the esports...

July 16, 2016 In Blog, Kickstarter, Trademark, Video Game Law

Why You Should Always Register the Trademark on your Kickstarter Game

Many of our clients fund and market their games using crowdfunding platforms like Kickstarter or Fig. They almost always have the same misconception: once they successfully fund a game on Kickstarter, then they would have superior rights to someone who comes along later and begins...

January 27, 2016 In Blog, Trademark, Video Game Law

“Let’s Play” securely in the public domain as USPTO rejects Sony’s trademark bid as “merely descriptive”

The gaming community spoke, and the USPTO listened! The USPTO has finally agreed that “Let’s Play” is a common term in the industry and issued a rejection of Sony’s attempt to monopolize the term....

January 15, 2016 In Blog, Trademark, Video Game Law

The McArthur Law Firm files Letter of Protest against Sony’s “Let’s Play” trademark

The McArthur Law Firm has filed a Letter of Protest with the United States Patent and Trademark Office (“USPTO”) on behalf of all members of the gaming community against Sony’s attempt to trademark the term “Let’s Play”. We became concerned about Sony’s shameless attempt to...

November 2, 2015 In Blog, Business News, Trademark, Video Game Law

Blizzard settles “Overwatch” trademark lawsuit

Blizzard has been fighting to register a trademark for its newest game Overwatch for a year and a half. The dispute with the United States Patent and Trademark Office turned into a lawsuit by Innovis Labs filed against Blizzard for trademark infringement. Fortunately for Blizzard,...

October 12, 2015 In Blog, Business News, Video Game Law

Client Alert – new ruling requires that copyright holders look at Fair Use before a DMCA takedown

A new Ninth Circuit ruling could have a significant effect on your legal liability when issuing DMCA takedown notices. Videogame attorney Stephen McArthur explains the ruling and how companies can be held liable....

June 22, 2015 In Blog, Trademark, Video Game Law

Video Game Trademark: Five Reasons to Protect Your Videogame Today

As easy as it has become to create and distribute your own unique game, it is even easier for someone to copy your game and profit off of your hard work. Because of this, it is more important now than ever to trademark your videogame...

June 15, 2015 In Blog, Video Game Law

Privacy Policy Liability

Why you need a well written Privacy Policy: The Federal Trade Commission fined makers of the “Path” mobile application $800,000 for collecting personal information that was not disclosed in their privacy policy. W3 Innovations was fined $50,000 by the FTC for not complying with COPPA and collecting...

February 18, 2015 In Blog, Business News, Trademark, Video Game Law

Makers of Flow Free® Mobile Game Sue Cloner for Copyright and Trademark Infringement

When Sharon and I formed Big Duck Games, we never could have imagined that we would wind up creating a game played by millions of people around the world. Flow Free was an amazing experience right from the start reaching the #1 top downloaded game...

November 20, 2014 In Blog, Business News, Copyright, Intellectual Property, Video Game Law

Makers of Kill Shot mobile game sued for allegedly copying Deer Hunter

Glue Mobile has sued Hothead Games for copyright and trade dress infringement for the alleged reskinning of Deer Hunter 2014, Glu’s FPS hunting simulation mobile game. Hothead’s game, Kill Shot, is a mobile FPS game that currently ranks higher on the top-grossing charts than Deer...