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

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 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

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

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

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

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 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

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

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

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