video game

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MSK’s Video Game practice is a premier multi-disciplinary practice focused on the specific needs of the games industry and with deep expertise in the industry. We represent many of the major video game publishers, as well as a number of independent and mobile developers. We are particularly known for intellectual property litigation; providing ongoing advice and counsel on matters related to game development, production, and distribution; drafting and negotiating video game contracts, including licensing, development, and distribution agreements; providing immigration assistance for game developers and e-sports athletes; and advising on privacy, compliance and consumer protection issues. Our team also offers brand protection and enforcement services, advising on strategies to combat copycats, cheats, bots, and other bad actors. We also represent the Entertainment Software Association and other trade associations in connection with governmental affairs and public policy issues.

Cases

representative matters

Transactional Matters

Negotiated talent and voice-over agreements for the use of celebrity likenesses and performances in AAA game titles.
Advised on a deal related to the development of an animated streaming series based on a video game franchise, including securing rights to major talent collaborations and negotiating voice-over and translation services.
Secured and structured licenses for the creation of novels, comic books, board games, and cookbooks for a popular video game franchise.
Worked on the original deal for a film adaptation of a renowned video game title.
Negotiated the movie rights and deal structure for a beloved classic video game franchise.
Negotiated a wide range of merchandising agreements for leading video game companies, supporting their global brand expansion.
Drafted and negotiated a variety of in-game license agreements and cross-marketing agreements for major game publishers.
Handled hundreds of publishing, development, licensing and other agreements related to popular mobile and AAA games.
Drafted and negotiated numerous outsourcing and work-for-hire agreements for major video game companies.
Oversaw all music licensing efforts for a highly anticipated game by a renowned game developer.
Prosecuted and obtained dozens of trademark registrations for new and existing game franchises.
Guided the acquisition of game development studios by large game publishers.
Represented a foreign mobile game development company in an international sale of a leading mobile video game to an interactive entertainment company and game developer/publisher.
Provide ongoing development and refinement of terms of service and privacy policies for mobile and console game releases.
Develop and oversee anti-piracy and content protection efforts for several major game publishers.
Create and develop privacy policies and data protection agreements for leading game publishers and developers.
Provide ongoing support with IP clearance and compliance matters for major video game publishers. This includes reviewing and clearing third-party content, ensuring compliance with copyright, trademark, and licensing laws, OSS, and assisting in resolving IP-related issues to facilitate smooth game development and distribution.

Litigation Matters

Represented Activision Publishing in litigation against a cheat software provider, securing a $14 million judgment, permanent injunction, and transfer of the infringing domain.
Represent major video game and entertainment companies in privacy-related litigation and arbitration, including matters involving the California Invasion of Privacy Act (CIPA), the Video Privacy Protection Act (VPPA).
Participate in industry-wide joint defense groups addressing high-profile issues such as video game addiction litigation and gambling-related class actions, representing leading publishers and developers.
Secured a favorable settlement in a multimillion-dollar arbitration involving a marketing dispute for a prominent international esports organization.
Obtained summary judgment for Activision Blizzard, Inc., Activision Publishing, Inc., and Major League Gaming Corp. in a high-profile dispute in the Southern District of New York involving challenges to the realistic depictions of the military vehicle, HUMVEE, in "Call of Duty."
Successfully obtained $2 million judgment on behalf of Plaintiffs, Riot Games, Inc. and Bungie, Inc., in an action seeking to put a stop to Defendant’s unlawful, for-profit sale and distribution of malicious software products designed to enable members of the public to gain unfair competitive advantages to two of the most popular online multiplayer video games in the world: Valorant and Destiny 2.
Lead counsel in the successful representation of Blizzard Entertainment, Inc. and Valve Corporation in a copyright infringement suit against uCool and Lilith involving many of Blizzard Entertainment, Inc.’s high-profile video games such as World of Warcraft, Diablo III, and StarCraft II: Wings of Liberty.
Successfully obtained $10 million monetary judgment as well as a permanent injunction on behalf of Riot Games Inc. against the makers of cheating software designed for Riot’s League of Legends video game.
Currently defending a developer and publisher of video games in a contractual dispute concerning services rendered for a popular eSports world championship tour.
Representation of Take 2 Interactive and Rockstar Games in a trademark infringement lawsuit alleging the company’s game “Grand Theft Auto: San Andreas” infringes upon the marks of a Los Angeles business establishment.
Obtained summary judgment on behalf of Activision Blizzard against Axl Rose’s tort and contract claims concerning Guitar Hero III.
Prevailed in an anti-SLAPP motion on behalf of Take-Two Interactive and Rockstar Games against right of publicity claim and claims of fraud and misappropriation of likeness regarding the lead character in their hugely popular video game Grand Theft Auto: San Andreas.
Obtained summary judgment in favor of Activision in trademark lawsuit involving the popular video game “Call of Duty: Modern Warfare 3.”
Blizzard Entertainment, Inc. v. Ceiling Fan Software LLC, Case No. 12-0144 JVS (C.D. Cal. 2013). Obtained $7 million judgment on behalf of Blizzard Entertainment, Inc. against the maker of a popular software “bot” that enabled users to cheat in the video game “World of Warcraft.”
Obtained summary judgment in favor of Blizzard Entertainment, Inc. on copyright and right of publicity claims arising from a set of recordings used to voice a “World of Warcraft” character.
Successfully defended Sony Pictures Entertainment, Amblin Entertainment, and writers of Men in Black 3 in a copyright infringement action based on the film Men in Black 3, obtaining dismissal with prejudice on the grounds that the works at issue were not substantially similar as a matter of law. Basile v. Sony Pictures Entertainment, Inc., et al., Case 2:14-cv-04264-DMG (C.D. Cal. 2014).