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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

Recording of a 90-minute premium CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, August 9, 2017

Recorded event now available

or call 1-800-926-7926

This CLE course 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?


Steven M. Cohen
Steven M. Cohen
Senior Intellectual Property Counsel
Open Text

Mr. Cohen concentrates his practice on patent prosecution and litigation, IP transactional work, copyright and...  |  Read More

Feller, Mitchell
Mitchell S. Feller

Gottlieb Rackman & Reisman

Mr. Feller’s practice focuses on patents and related legal areas which involve the development and use of...  |  Read More

Andrew J. Ungberg, Esq.
Andrew J. Ungberg, Esq.

Frankfurt Kurnit Klein & Selz

Mr. Ungberg’s practice focuses on media, intellectual property and commercial law. He represents individual...  |  Read More

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