Intellectual Property

Recent Posts

Sheppard Mullin Richter & Hampton LLP: Federal Circuit Narrows Claim Construction Options in Game Controller Suit
Posted on 28 Feb 2012 by Sheppard, Mullin, Richter & Hampton LLP

By Ryan Lindsey and Nick Setty In Thorner v. Sony Computer Entertainment America , LLC (Case No. 2011-1114, Feb. 1, 2012) (Moore*, Rader & Aiken (D. Or. sitting by designation)) [ enhanced version available to lexis.com subscribers ], the Federal... Read More

Williams Mullen: Walker Digital Enters the Game: Recent Trend of Patent Infringement Suits Against Activision, Blizzard, Microsoft, Electronic Arts and other Video Game Companies
Posted on 27 May 2011 by Williams Mullen

By: Neil Magnuson and Robert Van Arnam Over the last few months, Walker Digital, a patent holding company formed by Priceline.com founder Jay Walker, has filed infringement suits against over 100 companies, particularly targeting the video game... Read More

The DMCA Re-Fanged: Copyright Protection for Software Security Devices
Posted on 10 Jan 2011 by Thomas Carey

The Digital Millennium Copyright Act (DMCA) makes it unlawful to circumvent a technological measure that effectively controls access to a work protected by copyright and to traffic in devices designed to accomplish that end. Previously, wonderment... Read More

Use of DILLINGER for Virtual Weapons in Video Games Protected by First Amendment
Posted on 11 Jul 2011 by Anne Gilson LaLonde

Although the First Amendment does not play a role in the majority of trademark infringement cases, video games are considered to be a form of artistic expression. Thus, a defendant was able to argue successfully that the First Amendment allows it... Read More

What do Peter Pan and the NCAA have in Common? A Primer on Student-Athlete Images, the NCAA, and Video Games
Posted on 3 Feb 2011 by Travis Burchart

In the story Peter Pan , Peter loses his shadow and is forced to chase it down in order to reattach it. A shadow isn't very substantive, but like any person, Peter wants his back because it is his shadow and his property. We take our shadows for... Read More

Frankfurt Kurnit Klein & Selz: The 100 Years After Death Right of Publicity Statute Does Not Apply To Personalities Who Died Before Its Enactment
Posted on 13 Jul 2011 by Frankfurt Kurnit Klein & Selz

An Indiana federal court has ruled that the Indiana right of publicity statute, which has the longest post-mortem period of continuing the right of publicity, does not apply to personalities who died before 1994, the year the statute was enacted... Read More

EA’s Video Game "Battlefield 3" Turning into "Battlefield Trademark" as Video Game Manufacturer Sues to Adjudicate Non-Infringement of Military Helicopters
Posted on 25 Jan 2012 by Copyright & Trademark Law Community Staff

Shots have been fired between Battlefield 3's manufacturer, Electronic Arts (EA), and Textron Inc., the owner of the trademark and trade dress for Bell-manufactured AH-1Z, U1-1-1Y and V-22 helicopters. Textron has demanded that EA immediately cease... Read More

The DMCA Re-Fanged: Copyright Protection for Software Security Devices
Posted on 10 Jan 2011 by Thomas Carey

The Digital Millennium Copyright Act (DMCA) makes it unlawful to circumvent a technological measure that effectively controls access to a work protected by copyright and to traffic in devices designed to accomplish that end. Previously, wonderment was... Read More

EA’s Video Game "Battlefield 3" Turning into "Battlefield Trademark" as Video Game Manufacturer Sues to Adjudicate Non-Infringement of Military Helicopters
Posted on 26 Jan 2012 by brian.scanlon placeholder

Shots have been fired between Battlefield 3's manufacturer, Electronic Arts (EA), and Textron Inc., the owner of the trademark and trade dress for Bell-manufactured AH-1Z, U1-1-1Y and V-22 helicopters. Textron has demanded that EA immediately cease... Read More

Frankfurt Kurnit Klein & Selz: The 100 Years After Death Right of Publicity Statute Does Not Apply To Personalities Who Died Before Its Enactment
Posted on 13 Jul 2011 by Frankfurt Kurnit Klein & Selz

An Indiana federal court has ruled that the Indiana right of publicity statute, which has the longest post-mortem period of continuing the right of publicity, does not apply to personalities who died before 1994, the year the statute was enacted... Read More

Use of DILLINGER for Virtual Weapons in Video Games Protected by First Amendment
Posted on 11 Jul 2011 by Anne Gilson LaLonde

Although the First Amendment does not play a role in the majority of trademark infringement cases, video games are considered to be a form of artistic expression. Thus, a defendant was able to argue successfully that the First Amendment allows it... Read More