LexisNexis® Legal Newsroom
Court To Decide If State Can Regulate Video Games

WASHINGTON - (AP) The Supreme Court agreed Monday to decide whether California can ban the sale or rental of violent video games to children. The court will review a federal court's decision to throw out California's ban. The 9th U.S. Circuit Court of Appeals in Sacramento said the law violated...

High Court Hears Arguments On Violent Video Games

WASHINGTON, D.C. - (AP) The Supreme Court on Tuesday expressed sympathy for a California law that aims to keep children from buying ultra-violent video games in which players maim, kill or sexually assault images of people. But justices seemed closely split on whether the restrictions are constitutional...

The DMCA Re-Fanged: Copyright Protection for Software Security Devices

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 expressed at the Fifth Circuit's interpretation...

What do Peter Pan and the NCAA have in Common? A Primer on Student-Athlete Images, the NCAA, and Video Games

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 granted - that we have them and they're ours...

What do Peter Pan and the NCAA have in Common? A Primer on Student-Athlete Images, the NCAA, and Video Games

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 granted - that we have them and they're ours and...

What Do Peter Pan And The NCAA Have In Common? A Primer On Student-Athlete Images, The NCAA And Video Games

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 granted - that we have them and they're ours and...

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

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 industry. Given the number of suits, the breadth...

Use of DILLINGER for Virtual Weapons in Video Games Protected by First Amendment

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 to use plaintiff's DILLINGER trademark for virtual...

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

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 In Dillinger, LLC vs. Electronic Arts, Inc. ,...

First Amendment Protection for Video Game Virtual Weapon

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 to use plaintiff's DILLINGER trademark for virtual...

Lawyer with a video game addiction

I just received the monthly newsletter of the Pennsylvania Disciplinary Board. Not Fun and Games: Lawyer with Video Game Addiction Suspended This month's most interesting disciplinary decision is the case of Office of Disciplinary Counsel v. Matthew J. Eshelman . By order dated August 17...

EA’s Video Game "Battlefield 3" Turning into "Battlefield Trademark" as Video Game Manufacturer Sues to Adjudicate Non-Infringement of Military Helicopters

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 its depiction of the helicopters in Battlefield...

Sheppard Mullin Richter & Hampton LLP: Federal Circuit Narrows Claim Construction Options in Game Controller Suit

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 Circuit reiterated the prohibition against importing...

More Nanny Taxes

I keep hearing more and more state legislators talk about imposing taxes on "violent video games." It reminded me of an article I wrote earlier this year about such proposals. Back in February, bored Oklahoma lawmakers took a break from playing checkers and talking about OU football to make...

Nintendo Must Pay More Than $30 Million For 3DS Video Game's Infringement Of Patent

Tomita Technologies International, Inc. owns U.S. Patent No. 7,417,664 issued in 2008 relating to stereoscopic 3-D images on-screen for viewing with the naked eye. Tomita International granted an exclusive license to the patent to Tomita Technologies USA, LLC. In 2011, Nintendo Co., Ltd. and its subsidiary...

The Right Of Publicity In College Sports

The sports-media industry has recently experienced a proliferation of litigation involving right-of-publicity claims asserted by student-athletes for the unauthorized use of their names, images and likenesses. The most highly publicized cases have been brought by former college athletes concerning sports...