News & Analysis as of

Video Games Misappropriation

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2025

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Drag queen Vicky Vox failed to revive her lawsuit accusing Netflix and several creators of an animated series of using her likeness without permission....more

Mintz - Trademark & Copyright Viewpoints

First Amendment May Protect Use of Trademarks As Artistic Expression

In a recent decision from the Southern District of New York, Judge George B. Daniels held that the strong First Amendment interests in protecting free artistic expression warranted summary judgment that Activision Blizzard’s...more

Sunstein LLP

May 2019 IP Update: IP Considerations For Distinctive Moves and Other Content in Video Games

Sunstein LLP on

Several entertainers, including Brooklyn rapper 2 Milly, Alfonso Ribeiro, and Instagram’s “Backpack Kid” and “Orange Shirt Kid”, sued Epic Games, Inc., the owner of the popular game Fortnite. What do all of these individuals...more

Dorsey & Whitney LLP

Grand Theft Auto 5 Has Many Different Characters, But Lindsay Lohan Is Not One of Them

Dorsey & Whitney LLP on

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

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

Troutman Pepper Locke

May 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on

TELECOM SALES AND MARKETING AGENTS GAIN CERTIFICATION IN IC MISCLASSIFICATION CLASS ACTION. A New York federal district court grants conditional certification of a proposed FLSA nationwide collective action brought against...more

Jackson Walker

Stacy Allen Speaks: The Good, The Bad, And The Ugly: Unpopular Celebrities And The Right Of Publicity

Jackson Walker on

In retrospect, the victories won by former college football stars in their right of publicity lawsuits against Electronic Arts and its hugely popular NCAA Football videogame franchise are hardly surprising. How could anyone...more

Weintraub Tobin

Davis: Electronic Arts Gets a New Set of Downs and Still Can’t Score

Weintraub Tobin on

Just over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal.  Specifically, I opined that the matter was ripe for Supreme Court review in light of the...more

Katten Muchin Rosenman LLP

Football & Free Speech: Third Circuit Vidgame Decision Has Broader Implications for Reality-Based Works

42, 127 Hours, Act of Valor, Argo, Dolphin Tale, Fair Game, Green Zone, I Love You Philip Morris, Moneyball, People Like Us, Sanctum, Secretariat, Soul Surfer, The Bling Ring, The Fighter, The Runaways, The Whistleblower,...more

Greenberg Glusker LLP

Leggo My Likeness, Part Four

Greenberg Glusker LLP on

There are so many fun things you can do with celebrities. In addition to the traditional things like writing books about them, you can also use their catchphrases to make greeting cards; make movies about them using puppets;...more

Jackson Walker

Third Circuit Reverses Summary Judgment In Favor of Video Game Maker In Important Right of Publicity Case

Jackson Walker on

In a much-anticipated opinion, the Third Circuit Court of Appeals yesterday reversed a New Jersey lower court decision granting summary judgment in favor of video game giant Electronic Arts against putative class...more

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