IP Rights in the Video Gaming Industry: Protecting and Defending Your Game's IP

Leveraging Trademarks, Copyrights and Patents to Protect Product Development to Marketplace Delivery

A live 90-minute CLE webinar with interactive Q&A

Tuesday, August 8, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

This CLE webinar will provide guidance to IP counsel advising game companies, creators, designers and others in the gaming industry on managing key intellectual property challenges. The panel will discuss infringement and enforcement, as well as utilizing trademark, copyright and patent law to protect IP rights.


The video/computer gaming industry surpassed the $100 billion mark in 2016 and is expected to continue to grow significantly. Video/computer game companies, creators, designers and others involved need to take steps to protect the IP value of the games.

Many aspects of video or computer games can be protected by copyrights, trademarks and patents. Establishing IP rights can protect company assets, but failing to do so can create problems that could result in infringement liability, substantial legal fees, or removal of a game from the market.

Using open source software in game creation offers a number of benefits but also presents serious risks, including potentially disclosing the source code. Game creators and developers must document materials used in the game creation to ensure they are not violating others’ IP rights.

Counsel can guide clients in the video/computer game industry in understanding, policing and protecting their IP rights, while avoiding infringing others’ IP rights that can lead to liability exposure.

Listen as our authoritative panel examines the challenges involved in protecting IP rights, legal strategies and determining the best avenue to protect IP rights. The panel will also address the problems that arise if IP issues are not addressed and will offer guidance on policing IP rights.


  1. Games as IP–intro to rights protection
    1. Copyright
    2. Trademark/trade dress
    3. Patent
  2. Common pitfalls facing new developers
    1. The problem with a handshake deal–ownership issues among contractors and employees
    2. Licenses, ownership and selling a game–defects in chain of title and scope of rights
    3. Open source considerations
  3. Highlight legal challenges facing the industry generally
    1. Liability lurking with new hires–lessons from Oculus
    2. Game cloning–the blurry line between scenes a faire, homage and infringement
    3. U.S and EU data privacy issue-spotter–kids and the right to be forgotten


The panel will review these and other key issues:

  • What are the infringement vulnerabilities for video game companies, creators and designers?
  • What copyright, trademark and patent issues should counsel anticipate and address during the development of a game?

  • What strategies should IP counsel employ to enforce IP rights in the video gaming industry?


Mitchell S. Feller, Partner
Gottlieb Rackman & Reisman, New York

Mr. Feller focuses on patents and other legal areas involving the development and use of technology, including patent litigation and inter-partes review, patent prosecution, offensive and defensive patent portfolio analysis and development, IP risk assessments, product clearance, and strategic IP counseling. He also provides general client counseling related to protection and enforcement of trademarks, copyrights, and other aspects of intellectual property. His corporate practice addresses transactional issues including sales and licenses of IP, IP diligence associated with investments in technology companies, and software development and service agreements.

Andrew J. Ungberg, Esq.
Frankfurt Kurnit Klein & Selz, New York

Mr. Ungberg’s practice focuses on media, intellectual property and commercial law. He represents individual and corporate clients in a variety of industries including entertainment, video games, print media, television, film, and toys. Mr. Ungberg counsels on complex commercial disputes involving breach of contract, copyright, trademark, defamation, and right of publicity. Mr. Ungberg has a particular focus on representing clients in the video game industry, where he has worked with companies ranging from the smallest startups to the largest developers and publishers in the industry.

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Intellectual Property Law Advisory Board

Stephen R. Baird


Winthrop & Weinstine

Charles S. Baker


Locke Lord

David S. Bloch


Winston & Strawn

Ian N. Feinberg


Feinberg Day Alberti & Thompson

Bassam N. Ibrahim


Buchanan Ingersoll & Rooney

Mark P. Wine



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