In Counts II – V of the FTC’s complaint against HoYoverse and Genshin Impact, the FTC alleges that HoYoverse engaged in deceptive and unfair practices surrounding the actual cost and odds of its loot boxes and how those loot boxes are marketed. Importantly, this is the first complaint by the FTC against loot box mechanics …
As mentioned in Part I of the this three part blog post on the FTC’s complaint against HoYoverse and Genshin Impact, COPPA applies to sites and services that are either directed toward children under the age of 13 or have actual knowledge that children 13 are providing information online. In Count I of the complaint, …
On January 17, 2025, the Department of Justice filed a complaint upon referral from the Federal Trade Commission (FTC) against Singapore-based Cognosphere Pte. Ltd and its Californian subsidiary Cognosphere LLC, which collectively does business under the name “HoYoverse”. The complaint consists of five counts split into essentially two major prongs against HoYoverse and their game, …
Trademark disputes are common in business. Most cases involve a smaller entity allegedly infringing upon a well-known brand. However, reverse trademark infringement flips this dynamic. It occurs when a larger, more prominent company is accused of infringing upon the already existing trademark of a smaller, lesser-known entity, leading to brand dilution and consumer confusion. Understanding …
Reverse Trademark Infringement: The OpenAI Case and Its Implications Read More »
After months of anticipation, the U.S. Copyright Office (USCO) has published the second part of its three-part report on the copyright issues raised by artificial intelligence (AI). Titled “Copyrightability,” this part focuses on whether AI-generated content is eligible for copyright protection in the U.S. The key takeaway? AI-generated works can be eligible for copyright protection—if …
Convertible notes and SAFEs (Simple Agreements for Future Equity) are two common instruments used by startups to raise early-stage capital. While they share similarities, they also have distinct features that may make one more suitable than the other depending on the situation. Here’s a quick comparison to help understand the key differences and why a …
In the world of VTubers, content creators who use animated avatars as their online persona, there is a distinction between independent VTubers who (as the name suggests) operate independently and “corporate” or “corpo” VTubers who are part of a VTuber agency. In exchange for a certain percentage of their profits, corporate VTubers may receive promotional …
Legal Relationships and Agreements for Corporate VTubers Read More »
When diving into the world of startup funding, one quickly encounters the term “SAFE.” But what exactly is a SAFE, and why is it crucial for game developers, early-stage tech startups, and content creators to understand it? What is a SAFE? A SAFE, or Simple Agreement for Future Equity, is an investment contract between a …
The past couple of years have been a rollercoaster for the games industry, with significant layoffs and economic challenges dampening spirits. However, 2025 brings a sense of optimism. Many have managed to “survive to 25.” The industry is poised for recovery, with growth opportunities across emerging markets, cultural shifts, and technological advancements. Political uncertainty may …
The Games Industry in 2025: Our Optimistic Perspective Read More »
The USPTO is raising its trademark-related fees beginning January 15, 2025. TL;DR: Anyone considering filing a trademark application should assess whether the new fees will apply to them. If so, they could consider filing before January 15, to save on fees. Also, Trademark Registration holders who need to submit maintenance documents, should do so before …