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VIDEO GAME LAWSUITS
posted 1:33 PM by Patent Arcade Staff
Last Updated: May 2010

To assist you in your research and review of the cases, this post will serve as a continuously updated index of the cases we're tracking, and provides a chronological listing of video game & related lawsuits broken down into the categories of patent, trademark and copyright with a few miscellaneous cases at the end. As far as we're aware, this is the most comprehensive and complete listing of video game cases and lawsuits that we are aware of. If you notice any that are missing, please let us know.





PATENT LAWSUITS





CONCLUDED





  • The Magnavox Co. v. Mattel, Inc., 216 U.S.P.Q. 28 (N.D. Ill. 1982): Magnavox claimed that Mattel had, through the manufacture, use and sale of Intellivision video games, infringed Magnavox's “Television Gaming Apparatus” patent, issued in 1972.


  • The Magnavox Co. v. Activision, Inc., 1985 WL 9496 (N.D. Cal. 1985): '507 Patent claimed a game console and certain types of games played on the console. Pong-type games were one of the types claimed.

  • Atari Games Corp. v. Nintendo of America, Inc., 975 F.2d 832 (Fed. Cir. 1992): 10NES program for protecting unauthorized cartridges; Atari developed "Rabbit" Program that overrode this protection. Preliminary injunction granted. **Also concerns trademark & copyright

  • Atari Games Corp. v. Nintendo of America, Inc., 30 U.S.P.Q. 2d 1401 (N.D. Cal. 1993): Trial following the preliminary injunction. Court found copyright and patent infringement but, while analyzing Nintendo's defenses, the two sides settled. **Also concerns trademark & copyright


  • Atari Games Corp. v. Sega of America, Inc., 869 F. Supp. 783 (N.D. Cal. 1994): Sega proved noninfringement of a "horizontal scrolling" patent for video games.


  • Alpex Computer Corp. v. Nintendo Co. Ltd., 102 F.3d 1214 (Fed. Cir. 1996): Alpex had a patent on a modular plug-in video game system which it accused Nintendo of infringing, but the court found no infringement.

  • Okor v. Atari Games Corp. et al., 76 Fed. Appx. 327 (Fed. Cir. 2003): Owner of video game controller patents alleged infringement by video gaming companies. Court found no infringement because (1) patent that had “changeable memory means” was not infringed by accused devices that used fixed, read only memory boards, and (2) owner was estopped from asserting infringement by equivalents.


  • Sega v. Fox et al., SETTLED (N.D. Cal. 2004): Sega filed a lawsuit against Fox Interactive, Electronic Arts, and Radical Entertainment claiming that the game Simpson Road Rage was a patent infringement of its game Crazy Taxi.

  • JVW Enterprise, Inc. v. Interact Accessories, Inc., 424 F.3d 1324 (Fed. Cir. 2005): Alleged infringement of patent for a video game accessory that reduces physical stress on hands and wrists while operating a control device. The court found that the V3 product infringes JVW’s patent, while the V4 product does not.

  • Hasbro v. RADgames, Case No. 1:05-cv-02324-GEL (S.D.N.Y. 2005): RADgames developed a modified version of Monopoly which uses a second game board in conjunction with the original. Preliminary injunction denied because defendant's invention "added a new, original creation to the market."

  • Planet Bingo v. Gametech Int'l, 472 F.3d 1338 (Fed. Cir. 2006): Court found that patent for alternative methods of playing bingo had not been infringed.

  • Konami v. Roxor Games, SETTLED (E.D. Tex. 2006): In 2005, Konami alleged Roxor sold kit allowing consumers to retrofit Dance Dance Revoluntion by removing original DDR circuit board and replacing w/In The Groove circuit board. Settled in 2006 with Konami getting full control of Roxor's In the Groove IP rights. **Also concerns trademark

  • KSR Int'l Co. v. Teleflex, 550 U.S. 398 (SCOTUS 2007): Drive by wire for automobiles; invention is obvious when it is only a combination of known elements w/predictable results.

  • Int'l Gamco v. Multimedia Games, Inc., 504 F.3d 1273, 84 U.S.P.Q. 2d 2017 (Fed. Cir. 2007): Gamco alleged infringement by Multimedia’s central determinant system, as operated in the New York State Lottery. This court found Gamco didn't have standing to sue and reversed lower court's denial of dismissal to Multimedia.

  • Anascape Ltd. v. Microsoft et al, 2008 WL 160546 (E.D. Tex. 2008): Jury found Nintendo infringed on Anascape's patents in making GameCube and Wii remotes. Nintendo ordered to pay approx. $23M. Permanent injunction issued (and stayed pending appeal w/% sales put into escrow). Microsoft settled for undisclosed sum. Post-trial Update. Injunction Update.

  • Aristocrat Techs. v. Int'l Game Tech., 543 F.3d 657 (Fed. Cir. 2008): Patent for slot machine game and system w/improved jackpot feature. Court found summary judgment improper, remanded for further proceedings.

  • Bally v. IGT, 2008 WL 4225247 (D. Nev. 2008): Summary judgment for IGT because Bally's asserted claims for its wheel game slot machines are obvious.

  • Merit Ind. v. JVL Corp., SETTLED, Case No. 03-1618 (E.D. Penn. 2008): Alleged infringement of patent concerning countertop arcade games.

  • Sitrick v. Dreamworks, 516 F.3d 993, 85 U.S.P.Q. 2d 1826 (Fed. Cir. 2008): Patent infringement suit against DreamWorks et al. for their use of ReVoice Studio which allows users to integrate their own voices into pre-existing video images on the DVD. Court found asserted claims to be indefinite and invalid for lack of enablement.

  • Nintendo v. Nyko, SETTLED, Case No. 2:08-CV-00907-RSL (W.D. Wash. 2008): Nintendo sued Nyko for selling a controller similar to Wii's nunchuk controller. Under the settlement, Nyko may continue selling a redesigned version of its controller. Settlement Update. **Also concerns trademark

  • Fenner Investments v. Microsoft et al., 2008 WL 3981838 (E.D. Tex. 2009): Patent for low voltage joystick port interface at issue. Microsoft and Nintendo joystick controllers (transforming analog signals to 8-bit digital words that describe position) found not to infringe Fenner's patent (transforming analog signal into digital pulse, the width of which describes joystick position). Final Order Update. Opinion Analysis Update.

  • Moaec, Inc. v. Pandora Media, 607 F. Supp. 2d 980 (W.D. Wisc. 2009): Moaec alleged infringement of patents related to entertainment system for organizing, storing, and playing back music or other media files. Court granted summary judgment to defendants because (1) online music service provider's automatic mix feature did not infringe patent; and (2) internet radio did not infringe patent.

  • Anascape, Ltd. v. Nintendo of America Inc, SETTLED, Case No. 2008-1500, (Fed. Cir., Decided April 13, 2010): In a patent infringement case the Court of Appeals for the Federal Circuit ruled that Anascape’s ‘700 patent was invalid (as a result of Sony’s DualShock controllers counting as prior art) and accordingly reversed the lower court’s ruling that Nintendo infringed.


PENDING

  • Hochstein et al. v. Microsoft et al. (Hochstein I), PENDING (E.D. Mich., Filed 2004): Hochstein alleged that the technology used in Microsoft & Sony gaming systems for live communications from remote locations infringed on its patent claims. Sony settled in April 2009.

  • Freedom Wave v. Mad Catz, PENDING (C.D. Cal., Filed 2005): Freedom Wave has sued Mad Catz et al. for infringement of its six patents claiming various technologies for wireless game controllers with vibration.

  • MP Games v. Shuffle Master, PENDING (W.D. Wash., Filed 2005): Deals with software for monitoring card playing. **Also concerns trade secret

  • Forterra Systems v. Avatar Factory, PENDING, Case No. 5:05-cv-04472-PVT (N.D. Cal., Filed 2005): Alleged patent infringement of U.S. Patent No. 6,784,901, entitled "Method, System and Computer Program Product for the Delivery of a Chat Message in a 3D Multi-User Environment."

  • WizKids, Inc. v. Wizards of the Coast, PENDING (W.D. Wash., Filed 2007): WizKids allege invalidity and noninfringement of WOTC's U.S. Patent No. 7,201,374, based on previous threatening letters received from WOTC. Concerns the game Pirates of the Spanish Main

  • ADC v. Microsoft et al., PENDING (W.D. Wash., Filed 2008): ADC suing Microsoft & Nintendo (Sony dismissed) for patent infringement of pay-for-download software over a computer network, including games. Case Update.

  • Hillcrest Labs v. Nintendo, PENDING, Case No. 8:08-CV-02188-RWT (D. Md., Filed 2008): Dealing with HoME (interactive media system) and Freespace (motion control technology)/Wii; stay of action until determination of ITC investigation.

  • Hochstein et al. v. Microsoft et al. (Hochstein II), PENDING (E.D. Mich., Filed 2009): Microsoft and Sony allegedly infringed a patent for live communication between users who are playing the game in separate locations with their Xbox 360 and PlayStation 3 consoles, respectively. Continuation of Hochstein I.

  • Motiva v. Nintendo, PENDING, Case No. 6:08-CV-429 (E.D. Tex., Filed 2008): Motiva alleges patent infringement by Nintendo's wiimote. Case Update.

  • IQ Biometrix v. Perfect World Entertainment, Inc. et al., PENDING (N.D. Ill., Filed 2009):
    IQ Biometrix patented facial image composite technology and alleges that Perfect World and Wagware infringed (Perfect World through its avatar customization capabilities, Wagware through its MakeFaces game design).

  • Prime Table Games v. Nat'l Table Games, PENDING, Case No. 3:09-cv-346-HTW-LRA (S.D. Miss., Filed 2009): Prime alleges that National's casino poker game Flop Poker, released March 2003, infringes its ‘145 patent.

  • Lottotron v. Morris Mohawk Gaming Group, PENDING, Case No. 2:09-cv-03811-FSH-MAS (D. N.J., Filed 2009): LottoTron alleges MMGG has infringed on its patent a "computerized lottery wagering system."

  • Bandspeed, Inc. v. Sony Electronics Inc. et al., PENDING, Case No. 09-593 (W.D.Tx filed Aug. 7, 2009): Patent infringement suit where Bandspeed alleges that the Sony PS3, Nintendo Wii and Apple iPhone 3G all infringe upon two of Bandspeed’s patents.

  • Lottotron, Inc. v. SBG Online Casino et. al., PENDING, Case No. 2:10-cv-00337-SRC-MAS, 2:10-cv-00337 (D.N.J., filed January 21, 2010): Lottotron filed a complaint against eleven Costa Rican entities alleging that the operation of an interactive gaming website violated a patent for “Computerized Lottery Wagering System.”

  • Patent Compliance Group, Inc. v. Activision Publishing, Inc., PENDING, Case 3:10-cv-00288-B (N.D. Tex., filed Feb. 12, 2010): PCG filed a qui tam action against Activision, alleging that Activision has falsely marked many of its video games including Guitar Hero 5, Band Hero, DJ Hero and Guitar Hero Smash Hits (collectively "Activision video game products") as patented or patent pending.







TRADEMARK LAWSUITS






CONCLUDED





  • Atari v. Activision, SETTLED (1982): Atari sued Activision for conspiracy to appropriate trade secrets and unfair competition after Atari employees left to form Activision.

  • Universal City Studios, Inc. v. Nintendo Co., Ltd., 746 F.2d 112 (2d Cir. 1984): Universal alleged that Nintendo's Donkey Kong arcade game infringed on its copyright and trademark for King Kong. The court affirmed summary judgment for Nintendo, finding no infringement because there was no evidence of consumer confusion. **Also concerns copyright

  • Capcom Co., Ltd. v. The MKR Group, Inc., 2008 WL 4661479 (N.D. Cal. 2008): In November 2008, the court dismissed with prejudice MKR's claims that Capcom's game Dead Rising infringed on MKR's IP rights related to the movie "George A. Romero's Dawn of the Dead" because the two weren't substantially similar after disregarding scenes a faire. **Also concerns copyright

PENDING

  • E.S.S. Entertainment 2000 v. Rock Star Video, PENDING, Case No. 06-56237 (9th Cir., Filed 2008): No trademark or trade dress infringement where Rock Star modeled virtual strip bar after real strip bar because of First Amendment protection (test: artistic relevance &/or whether misleading); however, not protected by nominative fair use.

  • Minsky v. Linden Research, PENDING, Case No. 08-CV-819 (N.D.N.Y., Filed 2008):
    Minsky, publisher of SLART magazine, alleges infringement by other user in Second Life for in-world use of SLART Garden for art gallery.

  • Zynga Game Network, Inc. v. John Does 1-50, PENDING, Case No. 3:09-cv-02744-BZ (N.D. Cal., Filed 2009): Zynga alleges that use of ZYNGA mark and selling of virtual chips for real money is trademark infringement, unfair business practice, breach of contract.

  • Zynga Game Network, Inc. v. Labrasca, PENDING, Case No. 5:09-cv-02957-HRL (N.D. Cal., Filed 2009): Zynga alleges that use of ZYNGA mark and selling of virtual chips for real money on Labrasca's 13 websites is trademark infringement, unfair business practice, breach of contract.

  • Zynga Game Network, Inc. v. Doan, PENDING, Case No. 5:09-cv-02958-PVT (N.D. Cal., Filed 2009): Zynga alleges that use of ZYNGA mark and selling of virtual chips for real money on Doan's two websites is trademark infringement, unfair business practice, breach of contract.

  • Zynga Game Network, Inc. v. Does 1-5, PENDING, Case No. 5:09-cv-03210-HRL (N.D. Cal., Filed 2009): Zynga alleges that use of ZYNGA mark and selling of virtual chips for real money is trademark infringement, unfair business practice, breach of contract.

  • Zynga Game Network, Inc. v. Andrew Moss et al., PENDING, Case No. 5:09-cv-03208-RMW (N.D. Cal., Filed 2009): Zynga alleges that use of ZYNGA mark and selling of virtual chips for real money is trademark infringement, unfair business practice, breach of contract.

  • Zynga Game Network, Inc. v. Chris Sim II, PENDING, Case No. 5:09-cv-03211-RS (N.D. Cal., Filed 2009): Zynga alleges that use of ZYNGA mark and selling of virtual chips for real money is trademark infringement, unfair business practice, breach of contract.

  • Zynga Game Network, Inc. v. Danny Bling, PENDING, Case No. 4:09-cv-03263-CW (N.D. Cal., Filed 2009): Zynga alleges that use of ZYNGA mark and selling of virtual chips for real money is trademark infringement, unfair business practice, breach of contract.

  • Zynga Game Network, Inc. v. John Does 1-5 dba fbpokerchips.com, PENDING, Case No. 3:09-cv-03265-MHP (N.D. Cal., Filed 2009): Zynga alleges that use of ZYNGA mark and selling of virtual chips for real money is trademark infringement, unfair business practice, breach of contract.

  • Zynga Game Network, Inc. v. Nadir Erkan, PENDING, Case No. 3:09-cv-03264-EDL (N.D. Cal., Filed 2009): Zynga alleges that use of ZYNGA mark and selling of virtual chips for real money is trademark infringement, unfair business practice, breach of contract.

  • Zynga Game Network, Inc. v. Carmi Solak, PENDING, Case No. 3:09-cv-03206-WHA (N.D. Cal., Filed 2009): Zynga alleges that use of ZYNGA mark and selling of virtual chips for real money is trademark infringement, unfair business practice, breach of contract.

  • Zynga Game Network, Inc. v. Jason McCann, PENDING, Case No. 3:09-cv-03209-SI (N.D. Cal., Filed 2009): Zynga alleges that use of ZYNGA mark and selling of virtual chips for real money is trademark infringement, unfair business practice, breach of contract.

COPYRIGHT LAWSUITS





CONCLUDED





  • Midway Mfg. v. Dirkschneider, 543 F. Supp. 466 (D. Neb. 1981): The court found copyright and trademark infringement of Midway's Pac-Man, Galaxian and Rally-X games by defendants who had created very similar arcade games with names such as "Mighty Mouth," and "Galactic Invaders." Rally-X's name was copied in its entirety. **Also concerns trademark

  • Atari, Inc. v. Amusement World, Inc., 547 F. Supp. 222 (D. Md. 1981): The court held that, while Amusement based its game Meteors on Atari's Asteroids, it only copied the idea, and not the protectable aspects of the game, so no copyright infringement.

  • Stern Elec. V. Kaufman, 669 F.2d 852, 213 U.S.P.Q. 443 (2d Cir. 1982): This case about the arcade game Scramble established that copyright eligibility as an audiovisual work extends to video games. **Also concerns trademark

  • Midway Mfg. Co. v. Artic Int'l, Inc., 704 F.2d 1009 (7th Cir. 1983): Derivative work created by speeding up a video game. Court found that video games may be copyrightable; dealt with Galaxian & Pac-Man arcade games.

  • Midway Mfg. Co. v. Dirkschneider, 571 F. Supp. 282 (D.C. Neb. 1983): In this follow-up to Dirkschneider I, the court granted summary judgment to Midway for copyright and trademark infringement, ruling that liability attaches to the so-called "innocent infringer" regardless of intent. **Also concerns trademark

  • Data East USA, Inc. v. Epyx, Inc., 862 F.2d 204 (9th Cir. 1988): Data East claimed World Karate Championship was too similar to its game Karate Champ and alleged infringement of copyright and trade dress rights.

  • Vault Corp. v. Quaid Software, 847 F.2d 255 (5th Cir. 1988): The court refused to enforce a massmarket license restriction on reverse engineering and rejected a claim of trade secret misappropriation based on reverse engineering in breach of such a license term.

  • Red Baron-Franklin Park, Inc. v. Taito Corp., 883 F.2d 275 (4th Cir. 1989): The court held that Red Baron's use of Taito's copyrighted Double Dragon circuit boards in coin-operated video machines available to the public for a fee constituted public performance of the copyrighted work under § 106(4).

  • Accolade, Inc. v. Distinctive Software, Inc., 1990 WL 180239 (N.D. Cal. 1990): Accolade sued Distinctive for using identical source code in developing The Duel: Test Drive II for Accolade and then Outrun for Sega. However, the court found the licensing agreement transferred to Accolade the copyright to the concept and design of the video game but not the underlying source code.

  • Atari Games Corp. v. Oman, 979 F.2d 242 (D.C. Cir. 1992): Copyright Register's refusal to register the video game BREAKOUT was unreasonable when measured against the Supreme Court's instruction that "the requisite level of creativity [for copyrightability] is extremely low."

  • Lewis Galoob Toys, Inc. v. Nintendo of America, Inc., 964 F.2d 965 (9th Cir. 1992): The court ruled that the Game Genie add-on product, which allowed users to modify video games, did not infringe on Nintendo's copyrights because it did not create a derivative work and even if it did, it might be fair use.

  • Sega v. Accolade, 977 F.2d 1510 (9th Cir. 1992): Critical case for fair use; reverse engineering of code allowed to make video game compatible with Sega Genesis system (disassembly of copyrighted code is fair use if it provides the only means of access to those elements of the code that are not protected by copyright and the copier has a legitimate reason for seeking such access).

  • Capcom U.S.A., Inc. v. Data East Corp., 1994 WL 1751482 (N.D. Cal. 1994): Capcom claimed Data East's Fighter History was too similar to Street Fighter 2, but the court found that many of the features were commonplace and unprotectable so there was no infringement.

  • Sega v. MAPHIA, 857 F. Supp 679 (N.D. Cal. 1994): Defendant's computer bulletin board service which allowed for upload and download of Sega games infringed on Sega's copyrights and trademark. **Also concerns trademark

  • Midway Mfg. Co. v. Publ'ns Int'l, Ltd., 1994 WL 188531 (N.D. Ill. 1994): The court ruled that photographs/depictions of Mortal Kombat characters in game guide didn't constitute "fair use" and was copyright infringement. Also found trademark infringement by the book's use of "Mortal Kombat" name. **Also concerns trademark

  • Interactive Network Inc. v. NTN Communications, Inc., 875 F. Supp. 1398 (N.D. Cal. 1995): IN's interactive video game, IN the Huddle, where players predict football plays during live games, was found not to be violative of NTN's copyright and trade dress rights for QB1 because the copied elements were essential to such a game, so the scenes-a-faire doctrine applied.

  • Nintendo of America, Inc. v. Brown, 94 F.3d 652 (9th Cir. 1996): Brown was selling video games that were strikingly similar to those of Nintendo's. The court found that there was likelihood of confusion regarding the origin of the games so affirmed summary judgment to Nintendo of copyright and trademark infringement. **Also concerns trademark

  • Roginski v. Time Warner Interactive, Inc., 967 F. Supp. 821 (M.D. Pa. 1997): Author of "Awesome Possum" unpublished manuscript sued creators of similar Awesome Possum video game and comic book but lack of similarities or access to the material led court to grant summary judgment to defendants.

  • Ahn v. Midway Mfg. Co., 965 F. Supp. 1134 (N.D. Ill. 1997): Models for Mortal Kombat I & II characters sued for unauthorized use; see also Pesina v. Midway Mfg. Co., 948 F. Supp. 40 (N.D. Ill. 1996) (same issue and same game). Right of publicity.

  • Micro Star v. Formgen Inc., 154 F.3d 1107 (9th Cir. 1998): Duke Nukem allowed user-created levels; Defendants obtained around 300 of these user-created levels and sold them. Formgen sued for copyright infringement and got a preliminary injunction.

  • Sony Computer Entm't America, Inc. v. Filipiak, 406 F. Supp. 2d 1068 (N.D. Cal. 2005): Sony got $6M judgment against a small online retailer who violated the DMCA by selling computer chips that circumvented the copyright-protection measures used in PlayStation consoles which allowed for use of unauthorized copies of PlayStation games.

  • Incredible Techs., Inc. v. Virtual Techs., Inc., 400 F.3d 1007, 284 F. Supp. 2d 1069 (7th Cir. 2005): Unsuccessful copyright infringement suit regarding 3D golf game with trackball controls (functional elements not protectable w/copyright). If plaintiff had a patent, this likely would have turned out the other way.

  • Team Play Inc., et al. v. Boyer, 391 F. Supp. 2d 695 (N.D. Ill. 2005): No infringement of Sharpshooter video game by Police Trainer 2 because there was no copying of source code and no substantial similarities in graphical designs.

  • Allison v. Crave Online Media, SETTLED (D. Col. 2006): Defendant copied cheat code postings from Allison. Allison didn't own the actual cheat codes, just the copyright in the postings that included them.

  • CBC v. Major League Baseball, 2007 WL 2990366, 84 U.S.P.Q. 2d 1328 (8th Cir. 2007):
    CBC sued MLB saying it didn't need a license for its fantasy baseball game. MLB said use of players' names/stats violates players' publicity rights. 8th Circuit said MLB doesn't own player names/stats as IP (instead it's public domain factual info); First Amendment rights trump state law publicity rights. 8th Circuit Opinion Update.

  • Perfect 10 v. CCBill, 488 F.3d 1102 (9th Cir. 2007): Perfect 10 claimed a service provider violated laws by linking to sites that improperly posted its images. The court found that CCBill "reasonably implemented" a noninfringement policy under the DMCA, so there was no copyright infringement. **Also concerns trademark

  • Eros v. Simon, SETTLED (E.D.N.Y. 2007): In 2007, content owners in Second Life sued Simon for copyright infringement of various online goods. Settled 12/3/07: Simon to pay $525 and enjoined from further unauthorized dealings with plaintiffs' virtual property. First formal, if tentative, recognition of virtual property by a U.S. court. **Also concerns trademark

  • THQ v. Activision Blizzard, SETTLED, Case No. CV-08-06999 (C.D. Cal. 2008): THQ sued Activision for the cover artwork it was going to use on its Baja racing game. Activision agreed to change artwork. Case dismissed with prejudice. Settlement Update.

  • Romantics v. Activision Publishing Inc., 574 F. Supp. 2d 758; 88 U.S.P.Q. 2d 1243 (E.D. Mich. 2008): In August 2008, court granted summary judgment to defendant finding re-performance of a song in Guitar Hero pursuant to non-exclusive synchronization license doesn't violate the original artists' right of publicity, even if the artists are referenced. **Also concerns trademark

  • Eros v. Leatherwood, SETTLED, Case No. 8:07-CV-01158-SCB-TGW (M.D. Fla. 2008):
    In July 2007, Second Life content owner sued avatar for illegally copying & selling unlicensed copies of virtual goods. In March 2008, the parties settled with Def. permanently enjoined from dealing with Eros' goods w/out permission or from helping others do so and was required to disclose names of others using his avatar.

  • MGA v. Ubisoft, SETTLED through arbitration (2008): Creator of Bratz sued for copyright infringement after defendant refused to stop selling Bratz video game even though license was revoked. Ubisoft claimed invalid termination of licensing agreement (MGA likely terminated b/c wanted to renegotiate license). Ubisoft won in arbitration.

  • Crawford v. Midway Games Inc., Case No. 2:07-CV-967-FMC-JCX (C.D. Cal. 2008):
    In 2007, Crawford claimed that Midway stole his screenplay characters from Area 23 for its Psi-Ops video game. Summary judgment to Midway because there was no evidence of substantial similarities of protectable elements.

  • Dream Games of Arizona, Inc. v. PC Onsite, 561 F.3d 983 (9th Cir. 2009): Plaintiff entitled to statutory damages for infringement even when Plaintiff has engaged in illegal conduct with its copyrighted video bingo game system.

  • Yahoo! Inc. v. NFL Players Assoc., Inc., SETTLED (D. Minn. 2009): In June 2009 suit, Yahoo claimed its use of player stats in its fantasy football game didn't infringe player publicity rights, but even if it did, it's allowed because First Amendment rights trump publicity rights. Parties settled July 2009. Settlement Update.





PENDING





  • Friedrich v. Marvel Enterprises, PENDING (S.D.N.Y., Filed 2007): Friedrich, creator of Ghost Rider, has sued Marvel Enterprises, Sony Pictures Entertainment and several other entities for rights to character Ghost Rider.

  • Founder v. Blizzard, PENDING (Beijing High People's Court, Filed 2007): China's largest font supplier alleges Blizzard infringed its copyright by using five of Founder’s fonts in Blizzard’s Chinese version of World of Warcraft without Founder’s permission.

  • Willis v. Electronic Arts, PENDING, Case No. 2:08-cv-01311-KJD-LRL (D. Nev., Filed 2008): Gerald Willis (composer of the UNLV fight song Win With The Rebels), has sued EA for inclusion of the song in a slew of EA Sports titles.

  • Gametech v. Grand Vision Gaming, PENDING (D. Mt., Filed 2009): Gametech's former employees started competing company and allegedly took/used Gametech's IP regarding electronic Bingo equipment.

  • Nintendo v. Daniel Man Tik Chan, PENDING, Case No. 2:09-cv-04203-JFW-PLA (C.D. Cal., Filed 2009): Nintendo alleges that the defendant sells game copiers “designed to circumvent the technological security measures built into” Nintendo’s DS handheld video game systems.

  • Rubin v. Apple Inc., PENDING, Case No. 3:09-cv-02607 (N.D. Cal., Filed 2009): A puzzle inventor has filed suit against Apple for allegedly using one of his sliding block parking lot puzzles as the basis for an iPhone application without authorization.

  • Wizards of the Coast v. Radzikowski, PENDING, Case No. 2:09-cv-00460-RSM (W.D. Wash., Filed 2009): Defendant uploaded Dungeons & Dragons Players Handbook 2 to file sharing website; plaintiff alleges literary copyright infringement.

  • Wizards of the Coast v. Becker, PENDING, Case No. 2:09-cv-00461-RSM (W.D. Wash., Filed 2009): Defendant uploaded Dungeons & Dragons Players Handbook 2 to file sharing website; plaintiff alleges literary copyright infringement.

  • Wizards of the Coast v. Nolan, PENDING, Case No. 2:09-cv-00459-TSZ (W.D. Wash., Filed 2009): Defendant uploaded Dungeons & Dragons Players Handbook 2 to file sharing website; plaintiff alleges literary copyright infringement.

  • Keller v. Electronic Arts Inc. et al., PENDING, Case No. 09-cv-1967 (N.D. Cal., Filed 2009): Deals with publicity rights. A former quarterback for Arizona State University has filed a putative class action against EA & the NCAA for appropriating and using the images of college sports players in its video games in violation of NCAA rules, which prohibit commercialization of college players. Case Update.

  • Eros, LLC v. Linden Research, Inc., PENDING, Case No. 09-4269 (N.D. Cal, Filed 2009): Eros filed a class action lawsuit against Linden Research alleging trademark and copyright infringement.

  • Nintendo v. Niu, c-n10-791k (W.D. Wash, filed 5/11/2010): Nintendo accused Niu of infringing Nintendo's copyrights and trademarks in its Nintedo DS and Nintendo Wii, alleging that Niu makes and sells game copiers that are designed to copy the software in the game cartridge.


MISCELLANEOUS





CONCLUDED





  • Bragg v. Linden Research, Inc. (Linden Lab), 487 F. Supp. 2d 593 (E.D. Penn. 2007): Bragg claimed his virtual property was unlawfully confiscated by defendant. Motions to dismiss & to compel arbitration denied because TOS arbitration clause unconscionable. Confidential settlement leading to restoration of Bragg's avator/account.

  • Familles de France v. Linden Lab, Tribunal de Grande Instance (Paris, France 2007): Plaintiff (a conservative family union) brought suit against Linden for letting adult content be too easily accessible to minors in Second Life. Case dismissed in 2007. Similar concerns have been raised worldwide, prompting Linden Lab to hurry progress on an age verification system that was announced prior to the suit and a potential nation-specific processing system.

  • Blizzard Entertainment, Inc. v. In Game Dollar, LLC, SETTLED, Case No. SA-CV-07-0589 JVS (C.D. Cal. 2008): Blizzard alleged that Def.'s aggressive in-game marketing via chat spam was diminishing WoW players' game experience and costing Blizzard subscribers, bandwidth, employee time, and revenue. Settled with injunction to prevent Def. from engaging in WoW virtual asset sales or in-game marketing communications. Among claims were violations of state consumer protection & trade practices act, Computer Fraud & Abuse Act; CA Computer Data, Access & Fraud Act.

  • Debonneville v. Pierce, SETTLED, Case No. 2:07-CV-03776-R-MAN (C.D. Cal. 2008): Debonneville teamed up with Pierce to start IGE then sued Pierce for interfering with stock sales & ownership, claiming breach of contract & fiduciary duty. Confidential settlement 3/08.

  • Hernandez v. Internet Gaming Entertainment U.S. LLC, SETTLED, Case No. 1:07-CIV-21403-JIC (S.D. Fla. 2008): Hernandez brought suit on behalf of WoW players against IGE for, inter alia, farming gold, spamming chat, camping spawns. In the settlement, IGE denied it violated terms but agreed to stop selling WoW currency or virtual property for 5 years.

  • The Pirate Bay (Sweden 2009): All four defendants in charge of The Pirate Bay file-sharing site were charged with ‘assisting in making copyright content available’ and each received a year in jail and fines of almost $1M.

  • No Doubt v. Activision Publ'g, Inc., SETTLED, Case No. BC425268 (Super. Ct. L.A., 2009): No Doubt sued Activision alleging that Activision improperly used digital representations of the band members in unauthroized ways in making "Band Hero." CASE UPDATE.

PENDING


  • Pyramid Holdings v. Giant Interactive Group, PENDING, Case No. 07-CV-10588 (S.D.N.Y., Filed 2007): Class action alleging securities violation for Giant failing to notify investors that it curbed gold farming activity in the MMORPG Zheng Tu Online which led to drop in subscribers.

  • Take-Two Interactive v. Apogee Software, PENDING, Case No. 1:09-cv-05054-LAP (Supreme Court of N.Y., Filed 2009): Take-Two claims Apogee violated its contract by shutting down its studio and halting production on Duke Nukem Forever

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