Random header image... Refresh for more!

Category — Trademark Cases

WeeWorld Suit Dropped WITHOUT Prejudice Despite Nintendo’s Opposition

Categories: Trademark Cases

Last month WeeWorld asked a judge to dismiss its WeeMee/Mii suit without prejudice (meaning they could re-institute the case at a later date) while seeking relief in the UK before resuming any action in the U.S.

Nintendo objected requesting:

  1. dismissal of the suit with prejudice (meaning WeeWorld would not be able to re-institute the case at a later date); and
  2. recovery of its legal fees incurred on the matter to date – estimated at around $400,000.

According to an open letter from WeeWorld’s CEO, Celia Francis:

The court has ruled in our favor and while we have been asked to pay a small part of Nintendo’s legal fees, the case was dismissed “without prejudice.”

Sources: Open Letter from WeeWorld

Digg! Digg Del.icio.us 1 Comment 

Activision Settles with Two Former Guitar Hero Executives

Categories: Controller CasesCopyright CasesEmployment Law CasesInjunctionsMisc. Contract CasesNon-Compete CasesSettlementsTrade Secret CasesTrademark CasesUnfair Business Practice Casses

In February, Activision launched a new lawsuit against The Ant Commandos (TAC), Reverb Communications and three former Red Octane executives/employees: former executive producer John Tam, brand manager [name removed on request] and hardware group member Jamie Yang. These former executives founded a new company with TAC – Loadstone Entertainment.

Activision has settled with John Tam and [name removed on request]. The two have consented to a permanent injunction restraining the two from:

  • distributing a demo created by TAM incorporating elements of Guitar Hero II;
  • using or disclosing any Activision trade secrets;
  • taking steps to develop drum, guitar or synthesizer-based games for the next year;
  • “working on” a guitar controller for the XBox 360 version of Guitar Hero II for six months after release; and
  • competing against an undisclosed list of peripheral devices for six months after Activision commercially releases them.

The two were also ordered to return all materials relating to Activision’s proprietary information.

As far as I’m aware, no settlement has thus far been reached with Jamie Yang, Reverb or TAC.

Dale’s Comment [written April 26, 2007]: On a personal note, I was one of the lucky one’s to pick up Guitar Hero II for the Xbox 360 on launch day. The local Best Buy had about 100 of them on the morning of the launch. As I understand it, they sold out within hours and, to the date of this writing (owing partially to extreme demand and problems with some versions of the initially released guitar peripheral), I still can’t find them for sale anywhere in Toronto. I would like to purchase a second guitar peripheral. I’m having a blast with this game. As one of the commentators in a recent Joystiq Podcast pointed out, my fingers ache and want to stop playing long before the rest of me does! :)

Sources: GameSpot | Gamasutra | GameIndustry.biz | 1Up.com | CVG | Kotaku

Digg! Digg Del.icio.us 2 Comments 

Nintendo Objects to WeeWorld’s Request to Drop Mii Suit Without Prejudice

Categories: Trademark Cases

According to GameSpot, last November UK-based WeeWorld filed suit alleging Nintendo’s Mii Avatar system infringed its similar WeeMee avatar system.

WeeWorld’s system allows users to create cartoon-like avatars for use with Skype, AIM, Windows Live Messegner and other instant messaging programs. The Nintendo Wii allows users to create Nintendo Mii avatars for use with the Nintendo Wii’s gaming system both on and offline.

Recently, WeeWorld asked the judge to dismiss the suit without prejudice (meaning they could re-institute the case at a later date) citing an intent to seek relief in the UK before resuming any action in the U.S.

Arguing that its Mii system does not infringe upon WeeWorld’s WeeMee trademarks because there is no possibility of confusion, Nintendo has filed an objection to WeeWorld’s dismissal request, seeking both:

  1. dismissal of the suit with prejudice (meaning WeeWorld would not be able to re-institute the case at a later date); and
  2. recovery of its legal fees incurred on the matter to date – estimated at around $400,000.

Sources: GameSpot | GameStooge | Kotaku | GamePro.com | Qj.net | Open Letter from WeeWorld

Digg! Digg Del.icio.us Comments Off 

Mid-Way Sued over Psi-Ops

Categories: Copyright CasesRoyalty DisputesTrademark Cases

Midway Games is being sued by William L. Crawford III, a Los Angeles County screenwriter, over its Psi-Ops: The Mindgate Conspiracy sci-fi stealth-action game. Crawford claims the premise, plot and characters were stolen from a screenplay he wrote in 1998 – also called Psi-Ops.

Crawford claims that Midway should have known about his screenplay and its premise because:

  • he had set up websites with concept art;
  • he attended the 2001 E3 to promote it.
  • his company, Mindshadow Entertainment, had received media coverage for a possible  Psi-Ops movie project.
  • he had registered “Psi-Ops” with the U.S. Copyright Office six years prior to Midway’s registration.

Crawford seeks an accounting and share of revenue made from “Psi-Ops” sales in an amount no less than $1.5 million.

Dale’s Comment: On a personal note, immediately following its release I purchased this game for the original Xbox. It was unplayable. Like several games of its era, it made me nausious within five minutes of firing it up. Too bad. It looked like a fun game.

Sources: GameSpot | gameindustry.biz | SoftPedia | Yahoo! Games | Kotaku | IGN | 1Up.com

Digg! Digg Del.icio.us 4 Comments 

Blizzard/Vivendi Countersue WowGlider ‘bot Creator

Categories: Antitrust/Competition CasesBotsCheatingCopyright CasesDMCA-TPM CasesGold FarmingHackingTortious InterferenceTrademark CasesUnfair Business Practice Casses

Case Management Summary (March 27, 2007)
Text of Blizzard’s/Vivendi’s Answer & Counterclaim (Feb 16, 2007)
Text of MDY’s (Donnelly’s) Complaint (Oct 25, 2006)

Michael Donnelly created a ‘bot’ program called WowGlider (since renamed to simply “Glider” in response to Blizzard’s trademark complaints) that allows players of the wildly popular World of Warcraft (“WOW”) MMORPG to automate their game play and keep their character “playing” 24/7.

Using this bot the player can continue to level up and harvest gold 24/7 without actually having to play the game – an activity widely considered to be cheating. The use of such “bots” circumvent Blizzard’s security/anti-cheating measures and are prohibited by WOW’s EULA and terms of use.

In the fall of 2006 Blizzard (and its parent Vivendi) demanded Donnelly cease selling the bot. In response, On October 25, 2006 Donnelly’s company MDY filed a complaint in the U.S. District Court of Arizona seeking a Declaratory Judgment that it is not infringing any rights, copyright or otherwise owned by Blizzard and Vivendi.


Digg! Digg Del.icio.us 2 Comments 

Activision Sues Ant Commandos and Former Guitar Hero Executives

Categories: Controller CasesCopyright CasesEmployment Law CasesMisc. Contract CasesNon-Compete CasesTrade Secret CasesTrademark CasesUnfair Business Practice Casses

In a new Guitar Hero related dispute, Activision (Guitar Hero publisher RedOctane’s parent company), has filed a fresh lawsuit against guitar peripheral maker The Ant Commando (TAC), Red Octane’s PR firm Reverb Communications and three former Red Octane executives/employees: former executive producer John Tam, brand manager [name removed on request] and hardware group member Jamie Yang. The former executives founded a new company with TAC – Loadstone Entertainment.

The complaint alleges:

“copyright infringement, trademark infringement, misappropriating trade secrets and confidential information, breach of contract, interference with contractual relations, and more. “

GameSpot is reporting that Activision has already obtained a temporary restraining order against the defendants restraining them from:

  • distributing a demo created by TAM incorporating elements of Guitar Hero II;
  • using or disclosing any Activision trade secrets, including: music licensing contract terms, in-game advertising, sales figures, marketing plans, product designs, and possible future songs and artists to be featured;
  • developing a guitar controller for the XBox 360 version of Guitar Hero II for three months after release;
  • soliciting Activision employees, partners or Asia-based manufacturing partners; and
  • taking any steps to develop, market, manufacture, sell, or distribute any guitar or drum based video games.

As recently as December 27, 2006, Activision and Red Octane had settled a different dispute with TAC concerning the sale of unlicensed guitar peripherals. See here for details.

Sources: Gamasutra | GameSpot | Kotaku

Digg! Digg Del.icio.us Comments Off 

RedOctane & The Ant Commandos Settle Guitar Hero Controller Dispute

Categories: Controller CasesCopyright CasesProduct PackagingSettlementsTrademark CasesUnfair Business Practice Casses

As expected, on December 22 The Ant Commandos and RedOctane settled their Guitar Hero controller/peripheral suit and countersuit. 1Up.com summarizes the dispute in this amusing way:

Anyway, so RedOctane sued the Ant Commandos, claiming rights infringement on their popular Gibson SG brand of guitar controllers. The Commandos fired back claiming that the SG stepped all over their existing patents on technology for 3-button Guitar Freaks! guitars. Everybody was fingerpointing, it sucked.

While details of the settlement have not been disclosed a representative of Ant Commandos confirmed to GameSpot that its products would continue to be distributed. Jack Black and the Rightous Gods of Rock will be happy with this outcome!

Dale’s Comment: Until I discovered that neither the Ant Commando nor the RedOctane controllers will work with the PS3, one of the primary reasons I wanted to purchase a PS3 was to play Guitar Hero. I had hoped that like most PS2 games, it would be playable on the PS3. Happily, Guitar Hero 2 is coming to the XBox 360 so I won’t need to purchase a PS2 in order to finally play this game.

Sources: Gamasutra | GameSpot | 1UP.com | GameIndustry.biz

Digg! Digg Del.icio.us Comments Off 

Forbes: Why Gears of War Costs $60

Categories: Character License CasesFeatured ArticlesPersonality Rights CasesStartup Game Developer IssuesTrademark Cases

Forbes provides this article and interactive pie chart explaining/breaking down the cost structure of modern video games such as the blockbuster Gears of War:

Read Forbes Article

View Interactive Pie Chart

Here’s a Summary of the Interactive Pie Chart:

  • 25%/$15 – Art Design
  • 20%/$12 – Programming and Engineering
  • 20%/$12 – Retailer’s Cut
  • 11.5%/$7 – Console Owner Fees (to Microsoft/Nintendo/Sony)
  • 7%/$4 – Marketing Costs
  • 5%/$3 – Marketing Development Fund (print circulars/banner ads, etc.)
  • 5%/$3 – Manufacturing Costs, Packaging
  • 5%/$3 – Licensing Fees (personality rights, character and story licenses, copyrights, trademarks, etc.)
  • 1.5%/$1 – Publisher Profit
  • 1.5%/$1 – Distributor Fees
  • 0.3%/20¢ – Corporate costs (management, overhead, legal fees Wink)
  • 0.05%/3¢ – Hardware Development Costs (Developer kits, demo units etc.)

Digg! Digg Del.icio.us Comments Off 

Take Two Sends Wolfman Productions Cease & Desist Letter

Categories: Cease & DesistJack ThompsonTrademark Cases

Wolfman Productions was using Rockstar's GTA San Andreas logos/trademarks on its webpage promoting Jack Thompson's college detate tour. Jack Thompson is on the record for saying he is out to destroy Rockstar. Rockstar's parent, Take Two, sent a cease-and desist order to Wolfman Productions. Wolfman complied. As of this posting Master Chief, Laura Croft, Doom and Postal images/trademarks/depictions are still on that page.

Sources: GamePolitics.com | Wolfman Productions Debate Page

Digg! Digg Del.icio.us Comments Off 

ESRB Recants Over T-Shirt Parody Trademark Cease & Desist Threat

Categories: Trademark Cases

I reported on November 10 that the ESRB had sent cease and desist letters to Kotaku, The BBPS and others concerning their reporting on a T-Shirt that parodies the ESRB logo (see the offending logo on the t-shirt depicted to the left). Despite being notified by Kotaku that the post is editorial content and not an advertisement for the sale of a T-shirt, the ESRB continued to demand the removal of the post.

The ESRB has since recanted and sent a letter to BBP&S (no workd on Kotaku yet) containing the following:

The ESRB Rating Icons are valuable trademarks of ESA, and we must be vigilant in protecting them against unauthorized commercial uses, lest our trademark rights become diluted. At the same time, we also understand and respect the First Amendment rights of those who, like bitsbytespixelssprites disseminate news and information.

That said, we have taken a second look at this issue and concluded that bitsbytespixelssprites was reporting on a product in the marketplace, and is not involved in distributing or marketing this product, and thus did not engage in any conduct sufficient to trigger the issuance of the cease and desist letter we sent. Please accept our apologies. I am happy to discuss this with you further if you so desire.

Sources: GamePolitics.com | Joystiq

Digg! Digg Del.icio.us Comments Off 

ESRB Sues Kotaku over Link to ESRB Parody T-Shirt

Categories: Cease & DesistHumourTrademark Cases

The ESRB is apparently demanding that Kotaku remove a post on their website describing and depicting a T-Shirt that parodies the ESRB logo (see the offending logo on the t-shirt depicted to the left). Despite being notified by Kotaku that the post is editorial content and not an advertisement for the sale of a T-shirt, the ESRB continues to demand the removal of the post. The ESRB demand letter states, in part:

We believe that this t-shirt ad will result in consumer confusion, and a substantial likelihood that the ESRB certification marks will face tarnishment and dilution.

Dale’s Comment: I personally don’t get the parody joke. Unfortunately the current state of trademark law is such that the trademark owner must fiercely protect its mark or face loosing it. This is an area of IP law that I believe is ripe for reform. The recent spat of “pod” related lawsuits brought by Apple against any company or service including ‘pod’ in their corporate, product or service name is another example of this silliness. Chris Bennet at the law firm of Davis & Company wrote this interesting blog entry on the topic. While the ESRB may have a case against the t-shirt manufacturer (and even that, I believe, is a tenuous case), they would have a much tougher time in any legal action brought against Kotaku based on this editorial post because Kotaku is not using the parodied logo in commerce. It merely comments on the existence of the shirt in a blog post. Trademark law is designed to keep others from using the trademark holder’s marks in commerce – not to keep editorialists from commenting on the existence of items that possibly infringe another’s trademarks.

[Update:] TheBBPS, a one man blog, apparently also received a cease and desist order from the ESRB for a similar blog post and took down the post. Destructoid, still another gaming blog, has seemingly decided to keep its post on the t-shirt up despite also receiving an ESRB cease and desist letter.

Sources: Kotaku | GamePolitics.com | Davis & Company | MMORPG Blog

Digg! Digg Del.icio.us 1 Comment 

RedOctane & The Ant Commandos in Settlement Discussions

Categories: Controller CasesCopyright CasesTrademark CasesUnfair Business Practice Casses

The Ant Commandos and RedOctane are negotiating a settlement according to a motion filed by both companies on October 26

Sources: GameSpot | Xbox 360 Net | Yahoo! Games

Digg! Digg Del.icio.us Comments Off 

Jack Thompson Misfires with Mortal Kombat Cease & Desist Letter

Categories: Cease & DesistCharacter License CasesCopyright CasesHumourJack ThompsonTrademark Cases

The new Mortal Kombat Armageddon game has a built-in character editor. Gamers can mix and match clothing, body types, hairstyles and facial characteristics to create original characters to be played/fought in the game. The enterprising e-zeen Gaming Target posted this story providing character editor formulas for gamers to use to create famous, and infamous, characters including a formula for creating anti-game-violence crusader Jack Thompson.

Jack Thompson, apparently not quite understanding the character editor distinction, sent off a cease and desist letter to Midway, the game’s publisher, with the following contained therein:

“It has today come to my attention that the newly recently Mortal Kombat: Armageddon contains an unauthorized commercial exploitation of my name, photograph, image, and likeness within the game.”

“You are commanded to cease and desist immediately from the distribution of this game because of this unauthorized, illegal content…”

“It would appear that your company has done this at least in part because I sued you all in the Paducah school massacre case and further because I appeared on CNN’s Anderson Cooper 360 when your company came out with your profane, violent, and idiotic Blitz: The League.”

To be clear, there is no crusading Florida lawyer character that is shipped with the game. On the presumption that Jack Thompson is aware of the Marvel v. NCSoft decision (see linked posts below) which is on point, this demand will likely just fade away once Mr. Thompson realizes what has happened here. The mere inclusion of a character editor does not, in itself, infringe anyone’s IP or personality rights any more than the manufacture and sale of Etch-a-Sketches does.

Sources: GamePolitics.com| Gaming Target | Gamasutra | joystiq | The Inquirer | GameSpot | EuroGamer | GWN | Pro-G | igniq.com

Digg! Digg Del.icio.us 1 Comment 

Sony Wins U.K. Lik-Sang Grey Market Case – Lik-Sang Shuts Down

Categories: Distribution Agmt CasesGrey Market CasesImport/Export CasesStruggling FirmsTrademark Cases

Sony has won a High Court Judgment in the U.K. banning Hong-Kong based Lik-Sang.com from selling PSP consoles into the European Economic Area. While Hong-Kong-based Lik-Sang did participate in pre-trial activities, it did not show up in court to contest the case. Thus, a default judgment was awarded to Sony.

This action was launched in August of 2005 when Lik-Sang sold PSPs into Europe after Sony delayed North American and European shipments for many months after the Japanese PSP launch. The same sort of delay is about to occur with the PS3. Sony is launching the PS3 in the Japanese and North American markets months before Europe.

[October 24 Update:]After years of fighting Sony, Lik-Sang has closed its e-doors. In an interesting side-story, Sony’s European management purchased Sony products from Lik-Sang when unavailable in Europe (See BBC Story). Pascal Clarysse, former marketing manager for Lik-Sang, had this to say on closing:

“Blame it on Sony. That’s the latest dark spot in their shameful track record as gaming industry leader. The ‘empire’ finally won. A few dominating retailers from the U.K. probably will rejoice (in) the news, but everybody else in the gaming world lost something today.”

Sony dismissed this as sour grapes. A similar Hong-Kong-based case between the parties continues.

Dale’s Comment: I understand Sony’s need to protect the interests of its European distributors and its trademarks. I also understand its wanting to protect its own economic interests by means of region-by-region product launches. But its claim that the lawsuit was brought to protect consumers’ safety is, of course, nonsense.

In a world of global markets with the ability to deliver products throughout the Globe overnight, one wonders if this market-by-market distribution model is appropriate any more. It certainly is far from consumer friendly or fair. Lik-Sang met a real consumer need. Through Lik-Sang, Sony’s most loyal fans had a means to purchase Sony products long before Sony had the wherewithal to launch/distribute products in their particular country. Sometimes it takes years before Sony launches a product into a given market (if ever). With this ruling, there is no legal way for etailers to sell into markets not served, or underserved by Sony and its resellers.

As a Canadian living right next to the U.S., I have oft experienced the frustration of not being able to purchase products and services only made available in the U.S. I relish the fact that etailers such as Lik-sang are willing to serve the needs of consumers in under-served regions of the world.

Lawsuit Stories: Gamasutra | Engadget | GameIndustry.biz | GameSpot | *GameDaily.biz | PC Pro | IGN | ars technica | TVG | BetaNews | Pocket-lint | GameIndustry.biz| Daily Tech

Lik-Sang Closing Stories: Lik-Sang.com Notice | Gamastura | ars technica | Outlaw.com | ZDNet | Engadget | BBC | GameSpot | GameDaily.biz | GameShout | CNet | afterdawn | PC Pro | IGN | NeoSeeker | Pocket-Lint | Gizmodo | Inquirer | Hexus | GameIndustry.biz | EuroGamer | Kotaku | Gadgetspy | PC World | Games Digest

Blogosphere: Bit-tech.net

Engadget Podcast 93 Coverage (Time Index 4:44-12:33).

Related Posts:

Digg! Digg Del.icio.us Comments Off 

Konami Settles with Roxor – ‘In the Groove’ IP Transfered to Konami

Categories: Patent CasesSettlementsTrademark CasesUnfair Business Practice Casses

It appears Konami won this one. Roxor has agreed to transfer all IP rights in and to In the Grove to Konami.

Sources: Gamasutra | GameSpot | GameIndustry.biz | Yahoo! Games | joystiq | Konami Press Release | Roxor Press Release

Related Posts:

Digg! Digg Del.icio.us Comments Off 

The Ant Commandos Coutersues RedOctane for Trade Dress Infringement

Categories: Controller CasesCopyright CasesTrademark CasesUnfair Business Practice Casses

The Ant Commandos (TAC) is countersuing RedOctane, alleging the guitar controller was first designed by TAC’s part owner Topaway and its trade dress later copied by RedOctane after RedOctane’s CEO visited its Chinese factory and subsequently purchased several hundred of its controllers. In addition TAC has filed for an injunction asking that Activision and RedOctane be prevented from infringing on the “trade dress” and that Guitar Hero software be unbundle from SG controller to allow for fair competition.

Sources: GameSpot | Gamasutra | Next Generation | Kotaku | Joystiq | IGN | Silicon Era | GameDaily.biz

Digg! Digg Del.icio.us Comments Off 

Redoctane Sues The Ant Commandos over Peripheral

Categories: Controller CasesCopyright CasesProduct PackagingTrademark CasesUnfair Business Practice Casses

RedOctane, the developers of the popular Guitar Hero PS2 video game, have sued The Ant Commandos alleging trademark infringement, unfair competition and copyright violation among other claims in connection with the sale of The Ant Commandos’ unlicensed line of guitar-like controllers.

Sources: GameSpot | Gamasutra | Next Generation | Kotaku | ars technica | joystiq

Digg! Digg Del.icio.us Comments Off 

The Syndicate Gaming Guild Registers a Trademark

Categories: Trademark CasesTrademarks

The ‘professional’ online gaming clan/guild The Syndicate has registered a trade-mark. Davis & Co. has posted an interesting blog entry on this registration.

Dale’s Comment: As professinal gaming continues further into the mainstream and as more players are make viable careers out of professional gaming, we will no doubt see increasing numbers of such clan/guild professional trademark registrations in the same way that sports teams have used trademarks to protect their valued brands.

Sources: Davis & Co. LLP  |  The Syndicate’s Explanation

Digg! Digg Del.icio.us Comments Off 

Eidos Mulls Over Possible “Lava Croft” Lawsuit

Categories: Character License CasesTrademark Cases

Eidos, the publisher of the famous Laura Croft/Tomb Raider video games, is contemplating bringing a copyright infringement suit against Singapore publisher Ozura Mobile over its new game “Lava Croft“. The game is an action adventure game featuring an Asian femme-fatal lead that seems quite similar to the famous Eidos character.
Sources: GameIndustry.biz  |  EuroGamer  |  Kotaku  |  Ferrago  |  Club Skill
Note: See related stories posted on Feb 15, 2006. Well, in truth, they are not related, but you can see stories about the new, err, face of Laura Croft there.
Dale’s Comment: While the press accounts mention Eidos’ considering copyright breach litigation, the use of the name Lava Croft for a game and character title also raises the spectre of trademark infringement.

Digg! Digg Del.icio.us 1 Comment 

Rockstar’s use of ‘Pig Pen’ in San Andreas Does Not Infringe Play Pen’s Trademark

Categories: DecisionsTrademark Cases

In a decision that could be important for game developers, a District judge has ruled that Rockstar’s use of the trade dress and trademark ‘Pig Pen’ over a fictional strip club in GTA San Andreas does not infringe upon a similarly styled ‘Play Pen’ strip club trademark in Los Angeles. The court ruled that Rockstar’s use of “the Play Pen trade dress and mark presents little, if any, chance that consumers will be misled about the content of the game”.
Sources: Gamespot  |  Gamasutra  |  1Up.com  |  GameIndusry.biz  |  Eurogamer  |  Bit-tech.net  |  Spong  |  Kotaku  |  Playfuls  |  GamePolitics.com

Digg! Digg Del.icio.us Comments Off 

Burger King Threatens Game Blog/News Site Kotaku over Concept Art

Categories: Copyright CasesTrademark Cases

In this story Kotaku broke the news that Burger King was considering a promotion featuring Burger King-branded XBox 360 games using Burger King’s cartoon characters. The story included mockups, concept art and a description of the promotion. The general counsel of Burger King’s market research company, Greenfield Online, contacted Kotaku, and demanded the removal of the images and text regarding the game concepts alleging that Kotaku was participating in infringement of Burger King’s confidential, proprietary and copyrighted information. In its characteristic irreverent manner, Kotaku responded: “We’re not taking down the post, but we will take some of those scrumptious breakfast sandwiches the King has been pedaling. We’ll gladly trade in our claim of Fair Use for a bag full of delicious sausage Croissan’wiches.”
Sources: Kotaku  |  1Up.com  |  Addict3D  |  Gamespot

Related: Joystiq  |  BK Promotion FAQ  |  Xbox 360 Fanboy

Digg! Digg Del.icio.us Comments Off 

Red Cross Wants Game Developers to Stop Using its Symbol

Categories: Trademark Cases

Letter from Red Cross to Davis & Co.
The Red Cross is currently contacting members of the video game industry regarding their use of the symbol in video games—especially violent games—and asking them to stop using the symbol.

Sources: Davis & Co.  |  GameIndustry.biz  |  Calgary Herold  |  Joystiq  |  Globe & Mail  |  Game Politics

Digg! Digg Del.icio.us Comments Off 

Nintendo Threatens to Sue Cancer Researchers over use of Pokeman

Categories: Trademark Cases

Nintendo is threatening legal action, presumably trademark related, to keep scientists from referring to cancer-causing gene by the nickname “Pokemon.”
Sources: Gamespot  |  GameDaily
Examples of Such Use: Pubmed  |  The Scientist

Digg! Digg Del.icio.us Comments Off 

Marvel and NCSoft Settle Character License Dispute

Categories: Character License CasesCopyright CasesSettlementsTrademark Cases

Marvel and NCsoft did not disclose terms of the settlement, but the result appears to allow NCsoft’s games to continue to allow players to create characters without restriction.

Sources: Gamasutra | GameSpot NextGen.biz | 1Up.com | GameDaily | IGN | Houston Chronicle

Digg! Digg Del.icio.us Comments Off 

‘Ollie’ Skateboarder Sues Game Companies Over Use

Categories: Personality Rights CasesTrademark Cases

Veteran skateboarder Alan “Ollie” Gelfand has sued Disney Interactive, Sega and various skateboard-related companies over what he claims to be trademark infringement of his nickname, and is seeking over $20 million in damages.

Sources: Gamasutra  |  GameDaily |  Miami Herold  |  Florida Today  |  Gainesville.com

Digg! Digg Del.icio.us Comments Off