August 1, 2024
By: Chris Lindemeier
“The video game industry has grown exponentially over the last two decades and was further supercharged by the COVID-19 pandemic. As developers seek to build more realistic virtual worlds in their products, including both video games and the metaverse, they increasingly include trademarks, trade names and trade dress in these virtual worlds. One important issue that confronts game developers is the extent to which the First Amendment protects a video game developer or publisher in using another party’s trademark in a video game.”
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