On June 8, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Jack Daniel’s Properties, Inc. v. VIP Products LLC. The Court held that a heightened standard for trademark infringement applied by many...more
6/13/2023
/ First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
[co-author: Avanthi Cole]
Main Quest - How To Tell ROM From Right -
As we review some of the more prominent legal issues that impacted the video game industry this past year and consider what 2022 may have in store,...more
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
9/17/2021
/ Blockchain ,
Copyright ,
Copyright Infringement ,
eSports ,
First Amendment ,
Gaming ,
Intellectual Property Protection ,
IP License ,
Microsoft ,
Nintendo ,
Non-Fungible Tokens (NFTs) ,
Online Gaming ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Right of Publicity ,
Sony ,
Trademark Infringement ,
Trademarks ,
Video Games
On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand Dungarees, Inc. (Lucky...more
5/16/2020
/ Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
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
3/20/2020
/ Appeals ,
First Amendment ,
Gaming ,
Mobile Apps ,
Online Gaming ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Rogers Test ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Video Games
On July 27, 2018, the Federal Circuit ruled that a patent applicant’s obligation to pay the U.S. Patent and Trademark Office’s (PTO) “expenses” for district court proceedings to review patent application rejections does not...more
7/31/2018
/ 35 U.S.C. § 145 ,
Administrative Proceedings ,
American Rule ,
Appeals ,
Attorney's Fees ,
En Banc Review ,
Litigation Fees & Costs ,
Patent Examinations ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Reversal ,
Split of Authority ,
Sua Sponte ,
Trademarks ,
USPTO ,
Vacated