News & Analysis as of

Gaming Appeals

Troutman Pepper Locke

The Right to Regulate: Kalshi, Federal Preemption, and the Fight for State Gaming Authority

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A lawsuit between KalshiEx LLC (Kalshi) and New Jersey state gaming regulators in the Third Circuit is testing the balance between federal commodities regulation and state authority regarding sports betting. Kalshi operates...more

Kaufman & Canoles

N.C. Court of Appeals Lifts Injunction in Skill-Games Case Opening Possibility of Criminal Prosecution

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Last month, the North Carolina Court of Appeals dealt a blow to the skill-based gaming industry by overturning a trial court injunction which barred law enforcement from pursuing criminal charges against the litigants who are...more

Fenwick & West LLP

Mixed Ruling on Epic’s Antitrust Challenge to Apple’s App Store

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On September 10, 2021, a federal judge in the U.S. District Court for the Northern District of California ruled that Fortnite developer Epic Games (Epic) failed to adequately prove its antitrust allegations relating to...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

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

Seyfarth Shaw LLP

The Texas Court of Appeals for the Third District Holds that the Texas Anti-SLAPP Statute Applies to a Conspiracy to...

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The Texas Court of Appeals, Third District, issued an opinion in Tejas Vending, LP, et al. v. Tejas Promotions, LLC further delineating the applicability of Texas’s anti-SLAPP statute, the Texas Citizens Participation Act...more

Sheppard Mullin Richter & Hampton LLP

Social Gaming Site Excludes Washington Players; Gambling Commission Comments

As previously reported, The Ninth Circuit Court of Appeals reversed a district court’s dismissal of a purported class action and held that a social casino game constituted illegal gambling under Washington law. According to...more

Sheppard Mullin Richter & Hampton LLP

Social Casino Game Found to Be Illegal Gambling

The Ninth Circuit Court of Appeals reversed a district court’s dismissal of a purported class action and held that a social casino game constituted illegal gambling under Washington law. According to the Court, all online or...more

Patterson Belknap Webb & Tyler LLP

Avatars, Facial Scans & Virtual Basketball: Second Circuit Tosses Biometric Privacy Case

A recent federal appellate ruling delivered a significant blow to invasion of privacy claims based on facial recognition technology used to scan users’ faces that are then put on their personalized players “in-game,” allowing...more

Fenwick & West LLP

Good News for Game Developers: Court Extends Protections for Using Others’ Trademarks in the Advertising of Artistic Works

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In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an...more

Goodwin

Massachusetts Gaming Update: First Circuit Decision Allows Aquinnah Wampanoag Tribe a Second Shot at Martha’s Vineyard Casino

Goodwin on

It’s ‘play on’ for the Wampanoag Tribe of Gay Head (Aquinnah). On April 10, a First Circuit Court of Appeals three-judge panel weighed in on the nearly three-and-a-half-year dispute between the Tribe and the Commonwealth, the...more

Patterson Belknap Webb & Tyler LLP

Judge Rakoff Holds a 3-D “Magic Trick” Implemented With Software Is Not Equivalent to One Implemented With Hardware

On April 24, 2016, District Judge Jed S. Rakoff (S.D.N.Y.) ruled that defendants Nintendo Co., Ltd. and Nintendo of America, Inc.’s (collectively, “Nintendo”)’s 3DS pocket gaming console does not infringe Tomita Technologies...more

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