video game

PDF

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; content protection and enforcement; 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; and providing immigration assistance for game developers and e-sports athletes. We also represent the Entertainment Software Association and other trade associations in connection with governmental affairs and public policy issues.

Cases

Representing one of the world’s first independent developer and distributor of video games in a high-profile trademark dispute in the Southern District of New York involving challenges to the realistic depictions of the military vehicle, HUMVEE, in "Call of Duty."
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).