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Juthamas Suwatanapongched is an associate in the Business Trial Practice Group in the firm's Los Angeles office.

On April 8, 2021, Activision Publishing, Inc. filed a lawsuit against Warzone.com LLC regarding the use of the word marks “Warzone” and “Call of Duty Warzone.”  Activision is the publisher of the Call of Duty series of military-themed “first-person shooter” games.  Warzone.com is the developer of a multiplayer turn-based strategy and negotiation game similar to Hasbro’s Risk.

Continue Reading Activision Files Lawsuit Over the Rights to Use the Word “Warzone” in the Call Of Duty Series

July 21, 2015 Update: On July 20, 2015, the Ninth Circuit Court of Appeals denied Microsoft’s petition for rehearing en banc and amended its March 18, 2015, opinion to add a footnote supporting the conclusion that it had jurisdiction because a stipulated dismissal is an appealable judgment.  The amended opinion can be accessed here.

We recently reported on a Ninth Circuit Court of Appeals opinion reversing a district court’s decision to strike class action allegations in a putative class action against Microsoft.[i]  In Baker v. Microsoft Corporation, the Ninth Circuit held that proof that individual class members were damaged by an alleged defect (here, a defect in Xbox 360 video game consoles that allegedly resulted in scratched game discs) was not necessary for a class action to be certified.[ii] 
Continue Reading Baker v. Microsoft Corporation Revisited: Microsoft Seeks to Stop Class Action Plaintiffs From Shortcutting the Appeals Process

July 21, 2015 Update: On July 20, 2015, the Ninth Circuit Court of Appeals amended its March 18, 2015, opinion to add a footnote supporting the conclusion that it had jurisdiction because a stipulated dismissal is an appealable judgment.  The amended opinion can be accessed here.

A Quick Overview

The Ninth Circuit Court of Appeals recently reversed a district court’s decision to strike the class action allegations of a putative class action against Microsoft.[1]  The Ninth Circuit’s decision means that the district court must reconsider whether to allow the case to proceed as a class action.  Because the decision as to whether to certify a class generally determines whether a class action will proceed, the Ninth Circuit’s decision is an important one for game companies, which are often confronted with class action lawsuits.
Continue Reading Baker v. Microsoft Corporation: Game Companies Beware, Ninth Circuit Court of Appeals Decision May Make It More Difficult to Defeat Class Actions

Redbox Automated Retail, LLC (“Redbox”), provider of the popular self-service kiosks that rent movies and video games in airports and other locations, received confirmation last month from the Ninth Circuit Court of Appeals that it can continue requiring customers to provide their ZIP codes to rent discs without violating California’s Song-Beverly Credit Card Act.  Sinibaldi v. Redbox Automated Retail, LLC, 2014 U.S. App. LEXIS 10556 (9th Cir. June 6, 2014).
Continue Reading Redbox Collection of ZIP Codes Does Not Violate Song-Beverly Privacy Rights

As online social gaming becomes more pervasive in the lives of children today, it is vital for video game providers to understand and comply with the Children’s Online Privacy Protection Act Rule (“COPPA Rule”).[1]  The COPPA Rule applies to websites or online services directed to children under 13 years of age, and to operators of websites or online services that have actual knowledge that they are collecting personal information online from children under 13 (“operators”).  It requires them to provide notice to parents and obtain verifiable parental consent before collecting, using, or disclosing personal information from children under the age of 13.[2]  It also requires them to keep the information they collect from children secure, and prohibits them from conditioning a child’s participation in activities on the collection of more personal information than is reasonably necessary to participate in those activities.[3]
Continue Reading Kid Gamers: Safe Harbors for Video Game Providers