As the interactive entertainment market continues to grow increasingly competitive, interactive entertainment companies need innovative legal solutions to protect every aspect of their businesses.

From the emergence of a protectable idea to the delivery and distribution of a finished product, the lawyers in the Interactive Entertainment practice bring a multidisciplinary approach to providing innovative legal strategies to this increasingly complex and demanding industry. We assist clients in the console, online and computer games markets, including a growing focus on augmented reality and virtual reality gaming, as well as in the traditional game market at every stage of their success.

Video, Mobile, Casual, Social and Console Games

With well-developed plots and characters, complex audio, original design and art elements, video games are considered by some to be a new artistic genre. Our attorneys have long been at the forefront of helping game developers, publishers, platform manufacturers and all others involved in this industry to protect their intellectual property.

We have assisted clients in developing, enforcing and defending the intellectual property rights owned by video game companies, including investigating and prosecuting copyright and trademark infringement, pursuing cybersquatters and protecting the intellectual property rights in software code, platform names, game names, character names and character images.

Augmented Reality (AR) and Virtual Reality (VR)

2018 AR/VR Stat of the Industry Survey Results

We advise and represent several market leaders in AR and VR technology, products, services and content, including those in the gaming space.  We have been actively guiding companies new to the AR and VR industry in identifying, anticipating and resolving legal issues raised by this developing technology.  Areas of our counsel include assisting in:

  • providing assistance in developing and executing strategy for developing and distributing VR content
  • setting-up VR content marketplaces for VR products
  • drafting warnings, labels and user manuals and providing health and safety advice
  • developing and negotiating content development agreements
  • providing counseling on software licensing issues
  • drafting consumer-facing terms, policies and guidelines (e.g., terms of use, terms of sale, privacy policies, payment policies, etc.)
  • creating developer guidelines and policies including content guidelines, ratings and warnings
  • conducting VR company related financings
  • advising on IP protection including patents, copyrights and trademarks

Perkins Coie attorneys demonstrate their belief, shared with clients, in the importance of the AR and VR industry through our sponsorship of leading industry events and groups, such as UploadVR and SEA VR, and through our development of CLE programs dedicated to educating clients about emerging legal issues for VR companies and content providers.

Scope of Counsel

While never losing sight of the corporate and finance fundamentals that establish the foundation for a business to develop and grow successfully, we also draw on our knowledge and experience in international transactions, distribution, licensing (including drafting EULAs), the Internet, government regulation and emerging companies to assist our clients in expanding their business opportunities and pioneering new and innovative ways to reach their desired goals. In addition, our lawyers are experienced in counseling game companies on drafting warnings and manuals.

As the market for Casual, Mobile, Social and Location-Based Games continues to expand, our lawyers diligently work with these companies on their complex business deals. We regularly work on game developer publishing agreements, licensing game assets and technology, divestiture of game assets and acquisition of game assets. We also handle all of the regulatory issues that arise in the course of representation of traditional, online, mobile and interactive or multiplayer games providers, including privacy, financial transactions, security, promotions and advertising, gambling and copyright or other liability associated with third party postings.

Traditional Games

Just like the video game industry, the $2 billion board game industry is an ever-changing environment. What's hot one year, may not even come close to the same level of success the next. We have worked with traditional game companies (DVD, card and board games) on developing their legal strategies. We have investigated and defended at trial a traditional game company in a case involving trade secrets misappropriation.

Success in the interactive entertainment industry demands creativity and opportunistic timing – qualities that are equally important for successful interactive entertainment lawyers. We are committed to excellent client service and 24/7 responsiveness. Our lawyers consider themselves extremely fortunate to work with interactive entertainment industry clients and they dedicate themselves to the highest quality legal services as they share in the fun and enthusiasm that is a part of this dynamic, fast-paced and innovative industry.