11/10/2010

Trademarks, video games and the First Amendment

Russell Frackman of Mitchell Silberberg & Knupp and Joel Leviton of Fish & Richardson have written Trademarks, video games and the First Amendment: an evolving story. Their thesis:
As video games become more realistic and more interactive, the issue of in-game trademark use raises new concerns. And a traditional trademark infringement analysis may no longer be suitable.